Netherlands Quarterly of Human Rights
Volume 30, Issue 4, 2012, Pages 446-471
Step forward, or forever hold your peace: Penalising forced marriages in the Netherlands (Article)
Kool R.*
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a
Willem Pompe Institute, University of Utrecht, Netherlands
Abstract
Being confronted with the import of formerly unknown cultural practices, the European public authorities are expected to set clear public standards regarding the alleged harmful nature of such practices. Th e adopted solutions are oft en of a legal nature, using the law as a vehicle to frame certain social behaviour as socially unacceptable. One of the practices that have been subject to framing in terms of law and gender are what is commonly referred to as forced marriages. Calling upon human rights law, Europe's policy is in favour of penalization of forced marriages. However, such an appeal holds the risk of strategically misuse of human rights law for political benefi t. Next to a clear risk penalisation being symbolic, diversity issues bear within a risk of xenophobia. Th us penalisation of diversity issues needs to be analysed scrupulously. Th is paper addresses the issue of the penalisation of forced marriages in Europe, with special attention paid to a draft law recently submitted by the Dutch government, addressing the issue which actors and factors have contributed forced marriages being put on the European and Dutch political agenda. © Netherlands Institute of Human Rights (SIM), Printed in the Netherlands.
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https://www.scopus.com/inward/record.uri?eid=2-s2.0-84876062207&partnerID=40&md5=04a172a3475b369b6f1e988097dd9661
ISSN: 01693441
Cited by: 1
Original Language: English