Forced Marriage as a Harm in Domestic and International Law

This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages both within Europe and elsewhere. We pay particular attention to British initiatives because they are in many ways the most far-reaching and innovative, and thus the contrast with the response of British refugee law is all the more stark.     

Forced marriage: an analysis of legislation and political measures in Europe

Forced marriage is of current international concern in Europe. As many cases involve a transnational component linked to migration, it is increasingly receiving attention at the government level. The serious consequences for women, including sexual violence, and the physical and psychological health risks associated with it, seem to receive little consideration. Recent years have seen a rise in initiatives and measures taken by policy makers throughout Europe. As the focus is placed on criminalization and stringent immigration policies, ethnic minority population groups bear the greatest burden. It is argued that specific criminal laws make it more difficult for victims to come forward, while offering very little or no protection in return. The widespread 21-year age rule in immigration law has been denounced by scholars, institutes and magistrates alike for infringing on the fundamental human right to family life guaranteed by article 8 ECHR. The discourse on forced marriage appears to have reached a crossroads. European governments are faced with the challenge to create policies that protect and support victims, while simultaneously cracking down on perpetrators and safeguarding their borders from abuses in obtaining visas. There is a very pressing need to work more closely with those at risk, involving service provisions to directly support them, instead of a one-side top-down policy framework through which minority communities feel targeted and stigmatized.     

From faith to race? ‘Mixed marriage’ and the politics of difference in Imperial Germany

ABSTRACT

Intermarriage was a key site for testing politics of difference within the multicultural German Empire. Across the German states in the mid-nineteenth century, marriage between members of different religions frequently proved impossible. Until various civil marriage laws were introduced between the 1840s and 1870s, marriage remained within the remit of the church. As a consequence, marrying across confessional lines was rarely permitted. The implications were clear: marriage was seen as the embodiment of one’s culture – defined primarily in confessional (alongside socio-economic) terms, and it was also viewed as a key transmitter of culture by producing new generations of faithful observers of particular denominations. As a country divided between three confessions, religion in mid- to late nineteenth-century Germany proved an important aspect of difference within the new German nation state. By the end of the nineteenth century, following the introduction of civil marriage, mass waves of migration, the growth of urbanization and the expansion of the German overseas empire, the connotation of ‘mixed marriage’ in Germany appeared to have shifted. It remained a code for crossing confessional lines, but its resonance had changed. By the late nineteenth century, ‘mixed marriage’ had come to characterize another kind of cultural mixing as well: that between races, both at home within Germany and abroad within its colonies and diasporic outposts. And, between 1905 and 1912, ‘mixed marriage’ between Germans and ‘natives’ had been banned in German Southwest Africa, East Africa and Samoa. Why and how was intermarriage a flashpoint in debates on German identity politics at the turn of the twentieth century? As this article shows, intermarriage in the German Empire mattered to families, broader communities, and legislators because it was a pivotal means through which social groups formed, interacted and maintained boundaries at a time when visions of Germany were expanding.     

现代婚姻中的责任制度探讨

婚姻责任制度旨在对婚姻进行全程的调节监控,包括婚约制、亲权责任制、家务劳动补偿制和离婚后的扶助制等。婚姻责任制度的构建是对中国传统文化的弘扬,迎合了大众的心理需要,符合建设和谐社会的要求,同时还需要通过立法、司法和责任意识的文化熏陶等途径保证婚姻责任制的实施。     

Marriage in urban Albania (during the first half of the twentieth century)

This article analyses the marriage pattern in urban Albania, based primarily on the data of the Albanian Population Census of 1918. Age at marriage and the factors influencing nuptiality among the urban population are analysed using a combination of quantitative and qualitative data. The analyses show that the marriage pattern in urban Albania was similar to Laslett's Mediterranean set, while rural areas displayed an age at marriage for both men and women which was characteristic of the marriage pattern East of the Hajnal line. Albanian cities showed a higher age at marriage for both men and women than villages. The difference in age at marriage between urban and rural areas was noticeably higher for men, while the age at marriage for women showed smaller differences. An explanation for these differences in the age at marriage was found in a combination of traditional marital behaviour and demographic issues, which broadened or narrowed the marriage field, thus directly influencing the age at marriage.     

Marriage in urban Albania (during the first half of the twentieth century)

This article analyses the marriage pattern in urban Albania, based primarily on the data of the Albanian Population Census of 1918. Age at marriage and the factors influencing nuptiality among the urban population are analysed using a combination of quantitative and qualitative data. The analyses show that the marriage pattern in urban Albania was similar to Laslett's Mediterranean set, while rural areas displayed an age at marriage for both men and women which was characteristic of the marriage pattern East of the Hajnal line. Albanian cities showed a higher age at marriage for both men and women than villages. The difference in age at marriage between urban and rural areas was noticeably higher for men, while the age at marriage for women showed smaller differences. An explanation for these differences in the age at marriage was found in a combination of traditional marital behaviour and demographic issues, which broadened or narrowed the marriage field, thus directly influencing the age at marriage.     

Marriage and power: Age at first marriage and spousal age gap in lesser developed countries

This paper examines age at first marriage for women and spousal age gap as an indicator for female agency from 1950 to 2005. Using a dataset of 77 LDCs this paper seeks to explore which variables determine differences at a country level in marriage patterns. We look at the influence of urbanisation, education, percentage population of Muslim faith, and family type. We find that education is a key in determining at what age women marry, having as would be expected a positive effect on age at first marriage and depressing spousal age gap. Urbanisation is significant, with a positive effect on age and negative on spousal age gap, although the effect is not very large. The percentage Muslim variable depresses female age at first marriage and increases spousal age gap but only when family type is not controlled for. The initially strong negative effect of percentage population Muslim over the period under consideration on age of first marriage has decreased, which raises some interesting questions about the role of Islam in female empowerment.     

The Cultural Context of Restorative Justice: Journeys Through Our Cultural Forests to a Well-Spring of Healing

In the field of Conflict Transformation, Restorative Justice (RJ) is often perceived as a transformative process focused on healing relationships after a specific harm. The parties considered in a RJ setting are those harmed, those responsible and the community impacted. This is particularly true in the field of criminal and transitional justice, and in an extended and spiritual view, there is reconciliation with the parties and God. Despite cultural differences, RJ theory and concepts have been accepted favorably in the many countries. From a viewpoint focused on methodology and process, however, cultural differences have a significant effect for implementation. For example, important concepts such as control, choice, harm, responsibility, apology, shame, reconciliation and forgiveness vary greatly in the manner in which they are perceived from culture to culture and may create obstacles for successful implementation of a successful process when one culture’s process and definitions are forced upon another. Therefore, promotional factors (i.e., culture and religion) and the implication of semiotics (cultural definition or meaning) are an absolute consideration in developing a RJ process within a particular culture. This paper discusses the cultural differences between the United States and Japan with regard to semiotic obstacles in the implementation of a RJ model in the Japanese criminal justice system. While the exploration of cultural differences, particularly between the United States and Japan is not new and has been the focus of many disciplines, little has been considered regarding the assimilation and implementation of a Western RJ model into the Eastern culture of Japan. In sum, is an attempt to clarify and integrate the effects of cultural differences for some factors (i.e., Control/Choice, Harm, Apology, Responsibility, Shame, Forgiveness, and Reconciliation) as they apply to a RJ based reconciliation process focused in Semiotics, Social psychology and the Sociology of law as they apply to the United States and Japan.     

The marriage boom: Spanish and Swedish women making sense of marriage during the marriage boom

This article analyzes the marriage boom that took place during the middle decades of the twentieth century. The increase in nuptiality is analyzed in Spain and Sweden from a qualitative perspective, and the authors describe how cultural, social, economic and institutional transformations were understood by women who were in their reproductive period during the marriage boom. In-depth interviews were conducted in both places with 51 women born between 1919 and 1951. The authors argue that it is important that the ways in which the factors previously identified as decisive of the marriage boom are studied for their motivating power, and the way they were or were not made important in people's understandings of their marital practices. The results show that despite the differences between the national contexts of Spain and Sweden, three interrelated themes recurred when the interviewed women framed their marital choices: (1) the normalization of marriage as a life event; (2) religion; (3) and education and work life. The results also suggest that the women highlighted norm systems within which their choices and decisions were made, rather than describing individual choices and decisions as stemming from individual preferences and wishes.     

Regional standardization in the age at marriage: A comparative study of preindustrial Germany and Japan

Age at marriage is an important issue in family, population, and socioeconomic history as well as in cultural anthropology. In preindustrial Japan, regional differences in inheritance customs determined the regional diversity of marriage patterns. The age at marriage in preindustrial Germany also showed a regional diversity, but compared to Japan, it was standardized within the European marriage pattern. The author contends that there were two different patterns of standardization in marriage behavior in Germany, one being the historical consequence of official institutionalization and the other occurring as a process on a macroeconomic level and resulting in a concentration of age at marriage around a mean age. The distribution of the ages at marriage and its historical change in this context is an important variable for the analysis of marriage behavior.     

Sex, Property Rights, and Divorce

This paper examines how differences in sex drives between husbands and wives affect bargaining strengths during marriage and particularly at times when divorce might occur. The basic argument follows from the fact that sex drives vary over an individual's life cycle, and are systematically different for men and women. The spouse having the lowest sex drive at any time in the marriage has a property right over whether or not sexual intercourse will occur, with a consequent increase in bargaining power at the margin. The paper derives a number of testable implications from its model, and, using several data sources, shows empirically how this difference affects marriage, adultery and divorce.     

When Culture Means Gender: Issues of Cultural Defence in the English Courts

The use of cultural defence has been much discussed in the American context and has figured as one of the areas of concern in feminist assessments of multiculturalism. This paper examines two categories of cases from the English courts, those where cultural context has been seen as significant in interpreting the actions of female defendants, and those where 'culture' is invoked to explain severe acts of violence against women. It argues that cultural arguments become available to female defendants mainly when they conform to stereotypical images of the subservient non-Western wife. They have not, on the whole, been successfully employed by male defendants to mitigate crimes against women, though there are troubling exceptions. The larger problem is that mainstream culture itself promotes a gendered understanding of agency and responsibility, as when it perceives men as understandably incensed by the sexual behaviour of their women, or women as less responsible for their actions because of the influence of men. The conclusion is that the uses and abuses of cultural defence highlight issues that have wider provenance, for it is when cultural arguments resonate with mainstream conventions that they have proved most effective.     

隋唐时期汉黎女性权利之比较

隋唐时期的律条尤其是《唐律疏议》体现了中国传统法律文化的特征。在三从四德的宗法家族文化中,处于从属地位的汉族女性通过身份的变换取得了相应的法律权利;同时期,在黎族传统婚姻习惯法的作用下,黎族女性在婚姻家庭中的权利虽有所变化,但与汉族女性相比却拥有较多的自由的权利,且黎族女性一直是处于崇高并被人尊重的地位。汉黎女性权利虽有着很大的不同,但在促进社会和谐发展方面却殊途同归,都是通过女性让渡权利这条路径来实现,这也许正是社会和谐发展的必然规律。     

Women in campaigns 1550–1850 household and homosociality in the Swedish army

The article presents the main results from my study of social conditions in the Swedish Army between 1550 and 1850. The focus is on women's involvement and importance in the military. The most strikingly result is that women for a long time played a more crucial role in the Army than many people are unaware of. As a consequence, the unisexual, masculine, compulsory, military service which existed during most of the 20th century can be treated as an historical parenthesis. Nowadays women are permitted to serve in the military as soldiers, in older times women fulfilled their military duties as soldiers' wives. In a long-time perspective, the military role of women has shifted from wife to professional: the article explores this process. Soldiers on campaigns in the 17th century built households and had families, regardless of wartime or peacetime, and their households were also a natural part of the military, simultaneous with a strong male bonding principle, homosociality. Although conflicts existed between the two principles of organization, household and homosociality, they operated together at any rate until the beginning of the 19th century. The article illustrates how this cooperation worked, but also how the rise and fall of the household system in the military may be explained. Military thought, growth of state authority, a professionalization process and changed cultural norms were crucial. However, I want to emphasize the social practice of gender relations as a promoter of change: how norms and measures connected with marriage affected the military.     

Leaving Careers in IT: Gender Differences in Retention

The low prevalence of women in the information technology (IT) workforce has received considerable attention in recent years. The focus of much of this discussion concerns how women can be recruited into careers in IT by making careers more attractive and accessible to women. The size of the IT workforce depends on retention as well as recruitment. The focus of this study is on retention, examining factors related to retention and how retention varies by gender. Data for the study come from the Scientists and Engineers Statistical Data System (SESTAT) compiled by Science Resources Statistics (SRS), National Science Foundation (NSF). We find that retention varies by gender and that a sizeable proportion of IT-trained women who are not working in IT jobs leave the labor force rather than take positions in other occupations. We also find that marriage and family play different roles for women and men in affecting retention.JEL Classification: J1, J4, J6, J7, O39     

The Ties That Bind: Multiculturalism and Secularism Reconsidered

The article examines contemporary controversies over the rights of Muslim women to wear various forms of the veil, in both France and the United Kingdom and argues that despite their apparent differences as political ideologies, both multiculturalism and secularism are deployed as techniques to govern difference. It traces a common philosophical lineage of these two ideologies, and their shared genealogical relationship to the subject of Enlightenment and post-Enlightenment thought. Drawing on Marx and Hegel, it argues that at the core of secularism and multiculturalism there lies the germ of a subject and law formed through a concept of culture that was to a great degree indivisible from religion. While secularism ostensibly decouples culture from religion to produce a common political culture, and multiculturalism purports to accommodate a diverse range of cultural and religious practices, both fail to accommodate difference that stretches the bounds of a citizen-subject defined according to Anglo-European norms of culture, which implicitly includes Christianity.     

The age at marriage of migrants during the industrial revolution in the region of liège

The article examines the cities and towns in the Liège region during industrialization in the ninteenth century, focusing on the relationship between marriage, migration, and entry of people into urban areas. The average age at marriage was higher for in-migrants than for natives, but so was the intensity of nuptiality. Thus, the average age at marriage is not the sole statistic through which to approach questions about the socio-demographic consequences of arrival into town. Towns had several, seemingly closed, marriage markets, and it is important to pay attention to differential behaviors by taking this fact into account. Moreover, in-migration to an industrial city created opportunities to contract marriage, for women as well as men. Sometimes marriages occurred in the village, and were contracted to escape the old system and to prepare for the migration to the city of the young couple. Structural as well as life-course approaches must be combined for a thorough understanding of migration to industrializing cities.

Migrations and marriage: a survey

In numerous studies about the relationships between economic growth and demographic expansion, the dyad “migration-marriage” plays a classical role. In his famous thesis on the Austrasian basin, Wrigley (1961)(p. 133) pointed out the high level of overall fertility in industrial regions. Haines (1979)(pp. 245–247) proposed a complex of explanations that linked economic structure, a sex-differentiated pattern of migration, the structure of the matrimonial market, the potential contribution of women and children to the family economy, and differential in infant and child mortality according to occupation. While Haines's study was focused on populations engaged in mining and heavy industry, Desama (1985)(pp. 97–100, 265) analyzed the case of a textile town and concentrated on the effects of changes in age and sex structures on nuptiality. In the wool city of Verviers during the first part of the nineteenth century, the intensity and timing of marriage were negatively affected by migration flows dominated by young women, with the consequence that the total fertility rate declines as immigration grew. Working on nineteenth century English communities, Ben Moshe and Friedlander (1986) systematized these approaches, and concluded that socioeconomic factors remained more important than cultural ones.     

陕甘宁边区高等法院推行婚姻自由原则的实践与经验

陕甘宁边区的婚姻立法,确立了“男女婚姻自由”的原则。在司法实践中,陕甘宁边区高等法院通过对婚约的适度保护,对离婚自由的适当限制,尤其是对童养媳的坚决取缔以及对寡妇再嫁的支持和保护,使婚姻自由原则与陕甘宁边区的社会实际相互契合。陕甘宁边区高等法院司法档案,为我们考察陕甘宁边区处理婚姻纠纷的实践与经验,提供了可能。在司法实践中,一项具体的法律原则所包含的内容,应当与特定时期的政治、经济、文化状况保持一致,并随着社会的发展进步,灵活地予以调整。司法档案具有帮助理解法律存在的社会基础、反映制定法命运、解读立法内涵的作用。     

The effect of acculturation and immigration on the victimization and psychological distress link in a national sample of Latino women

Distinct bodies of research have examined the link between victimization and psychological distress and cultural variables and psychological health, but little is known about how cultural variables affect psychological distress among Latino victims. Substantial research has concluded that Latino women are more likely than non-Latino women to experience trauma-related symptoms following victimization. In addition, examination of different types of cultural adaptation has found results supporting the idea that maintaining ties with one's culture of origin may be protective against negative mental health outcomes. The present study evaluates the effect of victimization, immigrant status, and both Anglo and Latino orientation on psychological distress in a national sample of Latino women. Results indicate that along with the total count of victimization experiences, Anglo and/or Latino orientation were strong predictors of all forms of psychological distress. Anglo orientation also functioned as a moderator between victimization and psychological distress measures for anger, dissociation, and anxiety. The results suggest a more nuanced and complex interaction between cultural factors, victimization, and psychological distress.     

Regional standardization in the age at marriage

Age at marriage is an important issue in family, population, and socioeconomic history as well as in cultural anthropology. In preindustrial Japan, regional differences in inheritance customs determined the regional diversity of marriage patterns. The age at marriage in preindustrial Germany also showed a regional diversity, but compared to Japan, it was standardized within the European marriage pattern. The author contends that there were two different patterns of standardization in marriage behavior in Germany, one being the historical consequence of official institutionalization and the other occurring as a process on a macroeconomic level and resulting in a concentration of age at marriage around a mean age. The distribution of the ages at marriage and its historical change in this context is an important variable for the analysis of marriage behavior.