Forced Marriage Law and Practice

Forced Marriage Law and Practice
Author: Joshua Hitchens
Publisher: Bloomsbury Publishing
Total Pages: 380
Release: 2021-02-15
Genre: Law
ISBN: 1526515962

Longlisted for the 2022 Inner Temple New Authors Award “an impressive book... a pleasurable and, at times, compelling read... an ambitious project, but...skilfully realised” The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution. The book is divided into five parts which look at: - The definition of forced marriage, setting out the law and types of forced marriage in seven sections: prevention; punishment; remedies following a forced marriage; forced marriage and human rights; honour-based forced marriage; forced marriage involving vulnerable individuals and those lacking capacity; and organised exploitation and marriage for immigration purposes. - The law and procedure in the family jurisdiction, including both matrimonial and protective remedies - The procedure and relevant law for bringing and defending forced marriage related prosecutions in the criminal jurisdiction - The law, procedure and relevance of Court of Protection proceedings - Matters of best practice Forced Marriage Law and Practice helps the reader to access the relevant law, and includes summaries of applicable law (both international and domestic), all in one text, facilitating a holistic approach to cases of forced marriage. This is an essential title for family, crime and Court of Protection practitioners, as well as for other legal advisers and representatives, CPS lawyers, local authorities, human rights organisations, charities, students and academics.

Forced Marriage Law and Practice

Forced Marriage Law and Practice
Author: Joshua Hitchens
Publisher: Bloomsbury Publishing
Total Pages: 373
Release: 2021-02-15
Genre: Law
ISBN: 1526515970

Longlisted for the 2022 Inner Temple New Authors Award “an impressive book... a pleasurable and, at times, compelling read... an ambitious project, but...skilfully realised” The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution. The book is divided into five parts which look at: - The definition of forced marriage, setting out the law and types of forced marriage in seven sections: prevention; punishment; remedies following a forced marriage; forced marriage and human rights; honour-based forced marriage; forced marriage involving vulnerable individuals and those lacking capacity; and organised exploitation and marriage for immigration purposes. - The law and procedure in the family jurisdiction, including both matrimonial and protective remedies - The procedure and relevant law for bringing and defending forced marriage related prosecutions in the criminal jurisdiction - The law, procedure and relevance of Court of Protection proceedings - Matters of best practice Forced Marriage Law and Practice helps the reader to access the relevant law, and includes summaries of applicable law (both international and domestic), all in one text, facilitating a holistic approach to cases of forced marriage. This is an essential title for family, crime and Court of Protection practitioners, as well as for other legal advisers and representatives, CPS lawyers, local authorities, human rights organisations, charities, students and academics.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Forced Marriage

Forced Marriage
Author: Aisha Gill
Publisher: Zed Books Ltd.
Total Pages: 197
Release: 2012-09-13
Genre: Social Science
ISBN: 1780321392

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.

Ending Child Marriage

Ending Child Marriage
Author: Rachel B. Vogelstein
Publisher: Council on Foreign Relations
Total Pages: 52
Release: 2013-05-01
Genre: Law
ISBN: 0876095635

Ending child marriage is not only a moral imperative—it is a strategic imperative that will further critical U.S. foreign policy interests in development, prosperity, stability, and the rule of law.

The Legal Legacy of the Special Court for Sierra Leone

The Legal Legacy of the Special Court for Sierra Leone
Author: Charles Jalloh
Publisher: Cambridge University Press
Total Pages: 423
Release: 2020-07-16
Genre: Law
ISBN: 1107178312

Explores how the first treaty-based UN international tribunal's judges innovatively applied the law to perpetrators of international crimes in one of the worst conflicts in recent history.

Marriage and Modernity

Marriage and Modernity
Author: Rochona Majumdar
Publisher: Duke University Press
Total Pages: 357
Release: 2009-04-13
Genre: History
ISBN: 0822390809

An innovative cultural history of the evolution of modern marriage practices in Bengal, Marriage and Modernity challenges the assumption that arranged marriage is an antiquated practice. Rochona Majumdar demonstrates that in the late colonial period Bengali marriage practices underwent changes that led to a valorization of the larger, intergenerational family as a revered, “ancient” social institution, with arranged marriage as the apotheosis of an “Indian” tradition. She meticulously documents the ways that these newly embraced “traditions”—the extended family and arranged marriage—entered into competition and conversation with other emerging forms of kinship such as the modern unit of the couple, with both models participating promiscuously in the new “marketplace” for marriages, where matrimonial advertisements in the print media and the payment of dowry played central roles. Majumdar argues that together the kinship structures newly asserted as distinctively Indian and the emergence of the marriage market constituted what was and still is modern about marriages in India. Majumdar examines three broad developments related to the modernity of arranged marriage: the growth of a marriage market, concomitant debates about consumption and vulgarity in the conduct of weddings, and the legal regulation of family property and marriages. Drawing on matrimonial advertisements, wedding invitations, poems, photographs, legal debates, and a vast periodical literature, she shows that the modernization of families does not necessarily imply a transition from extended kinship to nuclear family structures, or from matrimonial agreements negotiated between families to marriage contracts between individuals. Colonial Bengal tells a very different story.

Child Brides, Global Consequences

Child Brides, Global Consequences
Author: Gayle Tzemach Lemmon
Publisher: Council on Foreign Relations
Total Pages: 59
Release: 2014-07-01
Genre: Political Science
ISBN: 0876095910

One-third of the world's girls are married before the age of eighteen, limiting both their educational and economic potential. Child marriage is damaging to global prosperity and stability, yet despite the urgency of the issue, there remains a significant lack of data on the subject. Senior Fellow Gayle Tzemach Lemmon discusses both the factors that contribute to and strategies that have proved effective against child marriage.

Marriage Trafficking

Marriage Trafficking
Author: Kaye Quek
Publisher: Routledge
Total Pages: 300
Release: 2018-03-09
Genre: Political Science
ISBN: 1317216024

This book examines the traffic in women for marriage, a phenomenon that has been largely overlooked in international efforts to address the problem of human trafficking. In contrast to current international and state-based approaches to trafficking, which tend to focus on sex trafficking and trafficking for forced labour, this book seeks to establish how marriage as an institution is often implicated in the occurrence of trafficking in women. The book aims firstly to establish why marriage has tended not to be included in dominant conceptions of trafficking in persons and secondly to determine whether certain types of marriage may constitute cases of human trafficking, in and of themselves. Through the use of case studies on forced marriage, mail-order bride (MOB) marriage and Fundamentalist Mormon polygamy, this book demonstrates that certain kinds of marriage may in fact constitute situations of trafficking in persons and together form the under-recognised phenomenon of ‘marriage trafficking’. In addition, the book offers a new perspective on the types of harm involved in trafficking in women by developing a framework for identifying the particular abuses characteristic to marriage trafficking. It argues that the traffic in women for marriage cannot be understood merely as a subset of sex trafficking or trafficking for forced labour, but rather constitutes a distinctive form of trafficking in its own right. This book will be of great interest to scholars and postgraduates working in the fields of human rights theory and institutions, political science, international law, transnational crime, trafficking in persons, and feminist political theory.