LEGAL AND SOCIAL COMPLEXITIES RELATING TO PRACTICE OF ARRANGED AND FORCED MARRIAGES

Q2 Arts and Humanities
Ashraf Booley
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Abstract

The practice of forced and/or arranged marriages are reported to be taking place globally. These types of marriages have become gender neutral and can no longer be described only as an issue relating to women. However, what is portrayed is that women normally suffer as reported cases are evidence of that. First world countries where there is a large immigrant community, frown on the practice of forced marriages and arranged marriages. This is a complex issue, because on the one hand, one’s religious, cultural diversity is attacked and on the other hand forced and arranged marriages may violate various provisions of international, regional national human rights instruments. From an international law perspective, one could argue that there is a clear violation of international law. On the other hand, and argument relating to one’s cultural and religious beliefs could also be advanced. Concepts such as culture, religion and gender are deeply embedded in most known religions and communities, therefore, the practice of forced and arranged marriages may not be perceived as violation of any law/s whether international or national. Furthermore, forced and arranged marriages are at times so interrelated that it may be difficult to draw a clear distinction between the two. How do we protect women’s rights while at the same time respecting the cultural diversity of society? This article attempts to add to the existing debate surrounding the social and legal complexities of forced and arranged marriages.
与包办婚姻和强迫婚姻有关的法律和社会复杂性
据报道,强迫和/或包办婚姻的做法正在全球发生。这些类型的婚姻已经变得中性,不能再仅仅被描述为与妇女有关的问题。然而,所描绘的是妇女通常受苦,报告的案件就是证据。第一世界国家有一个庞大的移民社区,不赞成强迫婚姻和包办婚姻的做法。这是一个复杂的问题,因为一方面,一个人的宗教和文化多样性受到攻击,另一方面,强迫和包办婚姻可能违反国际、区域和国家人权文书的各项规定。从国际法的角度来看,有人可能会认为这明显违反了国际法。另一方面,也可以提出与个人文化和宗教信仰有关的论点。文化、宗教和性别等概念深深植根于大多数已知的宗教和社区,因此,强迫婚姻和包办婚姻的做法可能不会被视为违反任何国际或国家法律。此外,强迫婚姻和包办婚姻有时是如此相互关联,以至于很难将两者明确区分开来。我们如何在保护妇女权利的同时尊重社会的文化多样性?这篇文章试图增加围绕强迫婚姻和包办婚姻的社会和法律复杂性的现有辩论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
2.60
自引率
0.00%
发文量
13
审稿时长
8 weeks
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