BOOK
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 |