Feminist Legal Studies
Volume 17, Issue 2, 2009, Pages 165-184
Coercion, consent and the forced marriage debate in the UK (Article)
Anitha S. ,
Gill A.*
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a
School of Politics and International Studies, University of Leeds, Leeds LS2 9JT, United Kingdom
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b
School of Social Sciences, Roehampton University, Roehampton Lane, London SW15 5SL, United Kingdom
Abstract
An examination of case law on forced marriage reveals that in addition to physical force, the role of emotional pressure is now taken into consideration. However, in both legal and policy discourse, the difference between arranged and forced marriage continues to be framed in binary terms and hinges on the concept of consent: the context in which consent is constructed largely remains unexplored. By examining the socio-cultural construction of personhood, especially womanhood, and the intersecting structural inequalities that constrain particular groups of South Asian women in the UK, we argue that consent and coercion in relation to marriage can be better understood as two ends of a continuum, between which lie degrees of socio-cultural expectation, control, persuasion, pressure, threat and force. Women who face these constraints exercise their agency in complex and contradictory ways that are not always recognised by the existing exit-centred state initiatives designed to tackle this problem. © Springer Science+Business Media B.V. 2009.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-70350035694&doi=10.1007%2fs10691-009-9119-4&partnerID=40&md5=214e1c2fc568dc0f4cb6a6476182d383
DOI: 10.1007/s10691-009-9119-4
ISSN: 09663622
Cited by: 59
Original Language: English