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Forced Marriage

Forced Marriage

Aisha Gill | Sundari Anitha | Yakin Erturk | Doctor Anja Bredal | Teertha Gupta | Doctor Samia Bano | Marzia Balzani | Sara Hossain | Geetanjali Gangoli | Shazia Choudhry | Ann Singleton | Khantun Sapnara | Khatidja Chantler | Professor Marianne Hester

(2011)

Additional Information

Book Details

Abstract

Forced Marriage: Introducing a social justice and human rights perspective brings together leading practitioners and researchers from the disciplines of criminology, sociology and law. Together the contributors provide an international, multi-disciplinary perspective that offers a compelling alternative to prevailing conceptualisations of the problem of forced marriage. The volume examines advances in theoretical debates, analyses existing research and presents new evidence that challenges the cultural essentialism that often characterises efforts to explain, and even justify, this violation of women's rights. By locating forced marriage within broader debates on violence against women, social justice and human rights, the authors offer an intersectional perspective that can be used to inform both theory and practical efforts to address violence against diverse groups of women. This unique book, which is informed by practitioner insights and academic research, is essential reading for practitioners and students of sociology, criminology, gender studies and law.
Aisha K. Gill is a Senior Lecturer in Criminology at Roehampton University. Sundari Anitha is a Lecturer in Criminology at the School of Social Sciences, University of Lincoln.
'Avoiding the polemic that characterises much discourse on forced marriage, this wide-ranging but coherent collection is not only a significant addition to the academic literature, it provides valuable insights for those working on the frontline supporting girls and women at risk. The writers here recognise the difficult balancing act involved in identifying the specificities of forced marriage without reinforcing cultural stereotypes, and the debates in this volume range from the theoretical level to concrete recommendations for policy makers and women's organisations. This volume will help ensure that policy in the UK and Europe frames forced marriage as the human rights abuse that it is rather than a problematic cultural practice divorced from "mainstream" forms of violence against women and girls.' Moira Dustin, Visiting Fellow, LSE Gender Institute 'In this important addition to knowledge, academics and lawyers extend our understanding of forced marriage, locating it in the continuum of gender based violence against women whilst outlining its particularities, including the myriad pressures on women at entry, during and on exit from marriage. Revealing and challenging analyses identify the traps of culturalised policies, whilst simultaneously noting the constrained agency of minoritised women. It is a must for anyone who cares about gender equality and human rights.' Liz Kelly, London Metropolitan University 'This challenging, innovative and much-needed book on forced marriage brings together most of the main writers, researchers and activists in the field. International in scope, it is the first-ever book of its type in the UK and will be key in the field for years to come.' Gill Hague, Professor of Violence Against Women Studies Centre for Gender and Violence Research University of Bristol

Table of Contents

Section Title Page Action Price
About the Editors ii
Acknowledgements ix
Foreword xi
References xvi
Introduction: Framing forced marriage as a form of violence against women 1
A note on terminology 2
What is forced marriage? 4
Forced marriage and domestic legislation 8
Organisation of this book 14
Notes 18
References 18
PART 1 | Definitions, contexts and theoretical concepts 23
1 | Understanding forced marriage: definitions and realities 25
Forced marriage as a human rights issue\r 26
Forced marriage and multiculturalism 30
Forced marriage as violence against women 34
Conclusion 39
Note 41
References 42
2 | Reconceptualising consent and coercion in forced marriage 46
Locating forced marriage within debates on violence against women 46
Forced marriage and the law in the UK 49
Understanding consent and coercion in forced marriage: from binaries to continuum 51
An intersectional approach to forced marriage 55
Conclusion 58
Notes 62
Cases cited 62
References 62
3 | The European Convention on Human Rights and the Human Rights Act 1998 67
Current legal redress 68
The use and development of international human rights 69
The European Convention on Human Rights and the Human Rights Act 1998 71
Article 3 of the ECHR 72
Article 8 78
Conclusions on the domestic enforcement of Convention rights – the HRA 83
Notes 85
Cases cited 86
References 87
4 | Border control to prevent forced marriages 90
My own position 91
The Scandinavian case 92
Disentangling immigration and women’s oppression 96
Conflating forced marriage and marriage immigration 97
Discussion 98
Suspect subjectivities 101
Suspect marriages 104
Conclusion 106
Notes 107
References 109
5 | The social construction of FM in media coverage and crime policy discourses 112
Problematisation and framing discourses 112
On culturalist understandings of forced marriage 115
From a cultural problem to the problematic culture 121
Conclusion 127
Note 129
References 129
PART 2 | Policy and practice 135
6 | Forced marriage legislation in the UK: a critique 137
Definitions of forced marriage and legislative responses 138
The criminalisation debate and a civil remedy approach to FM 139
The Forced Marriage (Civil Protection) Act 2007 142
The limits of the current legal approaches to forced marriage 143
The implementation of the Forced Marriage (Civil Protection) Act 146
Beyond the law: what can be done to address forced marriage in the UK? 149
Conclusion 152
Notes 154
Cases cited 155
References 155
7 | The law, the courts and their effectiveness 158
The Forced Marriage (Civil Protection) Act and the Family Law Act 159
Forced marriage and nullity proceedings 165
Special measures and guidelines for change 170
Conclusion 174
Notes 174
Cases cited 175
References 175
8 | The role of the Muslim Arbitration Tribunal\r 177
Religion and access to justice 179
Arbitration and mediation: the historical context 181
The legal context of family mediation in Britain 182
The remit of religious courts under the Arbitration Act 1996 185
The Muslim Arbitration Tribunal and forced marriage 187
Should we mediate in cases of forced marriage? 192
Conclusion 195
Notes 196
Cases cited 197
References 197
9 | Constructing victims, construing credibility\r 200
Constructing victims 202
Construing credibility 208
Engineering silence 213
Conclusion 215
Notes 216
References 217
10 | ‘Wayward girls and well-wisher parents’\r 221
The rights framework: constitutional and treaty norms 222
The legal framework: contradictions and concerns 223
Women’s right to personal liberty in decisions on marriage 231
Conclusion 234
Notes 235
References 240
About the contributors 241
Index 246