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Posts Tagged ‘haloproject’

Afghan landmark law failing to protect women: UN

Kabul — The UN mission in Afghanistan on Sunday criticised authorities for poor implementation of a landmark law to protect women, 12 years after the repressive Taliban regime was ousted from power.

Donor nations, led by the US, point to the Elimination of Violence Against Women (EVAW) law as a prized symbol of the success of the international effort in Afghanistan since 2001. But a report released by the UN said that prosecutions and convictions remained low under the 2009 law, which criminalises child marriage, forced marriage, forced self-immolation, rape and other violence against women.

“Implementation has been slow and uneven, with police still reluctant to enforce the legal prohibition against violence,” Navi Pillay, the UN High Commissioner for Human Rights, said. “Afghan authorities need to do much more to build on the gains made so far in protecting women and girls.”

The report comes amid fears that as the NATO-led military mission prepares to withdraw by the end of next year, religious conservatives are seeking to increase their influence and undermine advances in women’s rights. The report said that of about 1,670 registered incidents of violence against women in 16 provinces, only 109 cases — seven percent — went through a judicial process using the EVAW law.

Many cases were resolved through informal mediation, which often fails to protect women from further violence, the United Nations Assistance Mission in Afghanistan (UNAMA) said.

Read More: http://www.google.com/hostednews/afp/article/ALeqM5joeWO95h8UycYSCaiGQR5jp6GL-g?docId=9fc8c97e-5e89-4b6d-b568-0b77cb6a9556

Watch: Islamic scholars say forced marriage claims ‘exaggerated’

Last week, Yle reported claims that some immigrant families in Western Finland were sending their underage daughters abroad for forced marriages. Islamic scholars say such cases are not about religion and girls should have more information about their rights.

 

Attendees at the weekend Islam Expo in Helsinki were clear about Islam forbidding forced marriages. None were aware of a single case in Finland. Many suspected reports to be merely rumours.

Faduma Mohammud of Helsinki speculated girls may have been sent abroad after straying from treligious strictures and misbehaving:

According to Islamic scholars – not even bad behaviour would justify a forced marriage.

Imam Annas Hajjar says forced marriages are not a part of Islam at all – when marrying both parties have to answer “yes”.

 

Read More: http://yle.fi/uutiset/watch_islamic_scholars_claim_forced_marriage_claims_exaggerated/6953103

Honour-based family violence often unreported, say experts

Calgary police and educators are learning about how to recognize and deal with honour-based violence.

Social agencies say such violence is prevalent in the city and often involves child and spousal abuse.

“What we see, what makes it into the news, is simply the tip of the iceberg when it comes to these types of issues,” says John Winterdyk, president of the Alberta Community Crime Prevention Association.

The two-day conference is sponsored by Alberta Community Crime Prevention Association and includes police, teachers, lawyers, health-care workers and judges. Aruna Papp, the keynote speaker on Monday, agrees that most honour-based crimes still go unreported. “How do we prevent it? We are not training the professionals. There always seems to be less funding,” she said.

Papp is a victim of honour-based violence, which is defined by organizers in a press release as violence that “stems from a matrix of cultural values premised on women’s inferiority.” Papp says it happens when girls and women who are new to the country embrace Canadian values. “They go to school and they are taught that you can think for yourself, you can make decisions for yourself, you can choose your spouse, you can choose your career,” she said.

 

Read More: http://www.cbc.ca/news/canada/calgary/honour-based-family-violence-often-unreported-say-experts-1.2424041

Schools need to do more over forced marriage dangers

Schools must do more to warn children about the dangers of forced marriage, the Lords was told today.

Labour spokeswoman Baroness Thornton said there was evidence that schools were doing “very little to ensure pupils are informed about forced marriage and offer them necessary support if they need it”.

She added: “In fact there is some evidence that some schools are putting students at risk by contacting family members when children had consulted teachers in confidence.” Lady Thornton was speaking during committee stage debate on the Anti-Social Behaviour, Crime and Policing Bill, which makes forcing someone into a marriage a criminal offence.

The Opposition was calling for front line staff to be given better guidance on how to deal with the problem. Lady Thornton said the Department for Education did not treat forced marriage as a “child protection issue” in many schools and criminalisation was not enough to tackle forced marriage on its own.

Schools, colleges, police, doctors, social services and airport staff must be aware of what to look for and the appropriate action that needed to be taken. Action taken was not “uniform or adequate” at present, she said.

Read More: http://www.asianimage.co.uk/news/10802967.Schools_need_to_do_more_over_forced_marriage_dangers/

Judge admits he is powerless to quash marriage of British Muslim girl who was taken to Pakistan and forced to wed at gunpoint aged 14

A judge says he cannot nullify the marriage of a teenage mother who says she was forced at ‘gunpoint’ into becoming a bride when she was just 14.

Instead the girl, now 17 and a mother of a one-year-old, must defy her family if she wants the union formally annulled, said Mr Justice Holman at the High Court.

The teenager, who was born in Britain and whose family has lived here for 40 years, says she was shipped out to Pakistan to contract a forced marriage with a 24-year-old man two years ago.

She told how she was subjected to ‘harrowing’ violence and menaced with a gun to go through with the ceremony – and was two weeks later forced to have sex with her ‘husband’, giving birth to his baby who is now aged just over one.

After she came forward with her account, her local authority took both her and her baby into care and asked Mr Justice Holman to formally declare that her marriage – which effectively made her a rape victim – could never have been recognised under English law.

However, in a unique decision, the judge ruled that – although the girl was under extreme duress and aged under 16 at the time – he was barred by statute from granting a declaration that her marriage was ‘at its inception, void’.

Expressing sympathy for the girl and the ‘real stigma’ she faced, the judge said his hands were tied and he simply had no power to make a formal ruling that ‘there never was a marriage’ capable of recognition in England and Wales.

Read More: http://www.dailymail.co.uk/news/article-2487658/Judge-powerless-quash-forced-marriage-British-Muslim-girl-14-taken-Pakistan.html

Court refuses declaration of non-recognition of forced marriage of 14 year old girl

Declaration barred by section 58(5) of Family Law Act 1986

Mr Justice Holman has dismissed an application, brought by a local authority in the course of care proceedings, for a declaration of non-recognition of the marriage of a British girl, then 14, conducted in Pakistan under circumstances of extreme duress.

In A Local Authority v X & Anor [2013] EWHC 3274 (Fam) the court heard that X, the girl, was born in England in 1997. Her parents had immigrated to England from Pakistan some 40 years earlier. In 2011, aged 14, X travelled with her father and brother to Pakistan where, under considerable duress involving the production of a gun and physical violence upon her, she underwent a ceremony of marriage to a 24 year old man. The marriage was consummated two weeks later and X became pregnant. She returned to England and the baby was born in the autumn of 2012. The local authority commenced care proceedings in relation to X and the baby.
Within the care proceedings the local authority, with the support of X through her Guardian, sought a declaration of non-recognition of the marriage in Pakistan.

The court found that X was domiciled in England at the time of the marriage and the validity of the marriage was therefore governed by the Marriage Act 1949. Pursuant to that Act which stipulates that a marriage between persons either of whom is under 16 shall be void, the marriage was found to be void.  The case of Pugh v Pugh [1951] P 482 establishing that the statutory provisions as to minimum age are extra-territorial in effect was approved.

Holman J said:

“On the facts as I have recounted them, there is no question but that X herself, who is now approaching the age of seventeen, could present a petition for nullity on the ground that her marriage is void on the ground that at the date of the marriage she was under the age of sixteen.”  However, Vanessa Meachin, counsel for X, said that it was too much to expect X, at any rate at her present age and stage in life, herself to take an active step that would be so defiant of her parents and family as herself to petition for a decree that the marriage that they forced her to enter into was void.

 

Read More: http://www.familylawweek.co.uk/site.aspx?i=ed120722

Determinants of child and forced marriage in Morocco: stakeholder perspectives on health, policies and human rights

In Morocco, the social and legal framework surrounding sexual and reproductive health has transformed greatly in the past decade, especially with the introduction of the new Family Law or Moudawana. Yet, despite raising the minimum age of marriage for girls and stipulating equal rights in the family, child and forced marriage is widespread.

The objective of this research study was to explore perspectives of a broad range of professionals on factors that contribute to the occurrence of child and forced marriage in Morocco.  Methods: A qualitative approach was used to generate both primary and secondary data for the analysis. Primary data consist of individual semi-structured interviews that were conducted with 22 professionals from various sectors: health, legal, education, NGO’s and government.

Sources of secondary data include academic papers, government and NGO reports, various legal documents and media reports. Data were analyzed using thematic qualitative analysis.  Results: Four major themes arose from the data, indicating that the following elements contribute to child and forced marriage: (1) the legal and social divergence in conceptualizing forced and child marriage; (2) the impact of legislation; (3) the role of education; and (4) the economic factor.

Emphasis was especially placed on the new Family Code or Moudawana as having the greatest influence on advancement of women’s rights in the sphere of marriage. However, participants pointed out that embedded patriarchal attitudes and behaviours limit its effectiveness.

Read More: http://7thspace.com/headlines/445657/determinants_of_child_and_forced_marriage_in_morocco_stakeholder_perspectives_on_health_policies_and_human_rights.html

‘I was forced into marrying my relative … and there was nowhere to go, no way out’

A Scots woman forced into marrying a relative in Pakistan against her will while still a teenager has spoken for the first time of the abuse she has suffered.

Sara, who still fears for her life if her true identity or whereabouts are revealed, was beaten, threatened and coerced until she agreed to leave university and travel to Pakistan with her parents. She made her decision to speak out as support agencies revealed a surge in the reported numbers of women fleeing forced marriage.

According to a new report, women’s support agencies in Scotland have seen a surge in the numbers of cases reported since new legislation to deal with forced marriage was introduced in 2011 by the Scottish Parliament. Since the new law was introduced some support agencies have seen their referrals double. Under the legislation courts in Scotland can issue protection orders specifically tailored to a victim’s needs, for example by ensuring they are taken to a place of safety or by helping those in danger of being taken abroad for marriage. Breaching such an order is a criminal offence, punishable by a fine, a two-year prison sentence or both. Mridul Wadhwa, information and education officer at Shakti Women’s Aid, said: “The numbers of reports of forced marriage in Scotland have gone up significantly.

“The referrals from people who suspect forced marriage has also increased, but we still need more agencies – particularly schools and universities – to pick up on the warning signs and notify the authorities earlier.” Despite the constant threat of violence hanging over her, Sara has taken the decision to speak out because she wants other young people to know it is possible to escape such situations.

Read More: http://www.heraldscotland.com/news/home-news/i-was-forced-into-marrying-my-relative-and-there-was-nowhere-to-go-no-way-out.22454532

Putting an end to forced marriage in Australia

According to Human Rights Watch, 14 million girls are married, worldwide, each year – with some as young as eight or nine. While early and forced marriage appears most prevalent in countries of Africa, Asia and the Middle East, several recent cases have shown Australia is not immune to the practise.

If the global trend continues, Human Rights Watch estimates that 142 million children will be married by 2020.

Snapshot of Australia

There is no Australian research on the prevalence of forced marriage but the issue was brought to the fore following several recent high-profile family court cases. A 2010 case involving a 13 year-old Victorian girl began when her school alerted the state’s child protection service that she was not attending school. The school suggested the girl’s absence may be due to her parents preparing her for marriage to a fiance they had chosen for her – a 17 year-old living overseas.

Consequently, the Department of Human Services initiated proceedings in the Family Court that eventually resulted in the court ordering the girl not be removed from Australia before she turned 18. The court also ordered that her passport be surrendered, that her parents be restrained from applying for another passport on her behalf and that her name be placed on the Australian Federal Police watchlist until her 18th birthday. The next year, another prominent case came before the family court. The girl (known as Ms Kreet) had just finished year 12 and had a boyfriend (known as “Mr U”) who lived in Australia. Ms Kreet’s parents told her she was to travel to their home country to marry Mr U there. But they deceived her and had another man in mind.

Read More: http://theconversation.com/putting-an-end-to-forced-marriage-in-australia-17827

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