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This electronic thesis or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ The Polygamy Paradox A Feminist Re-Understanding of Polygamy, Human Movement and Human Rights Holden, Sasha Marie Awarding institution: King's College London The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENCE AGREEMENT Unless another licence is stated on the immediately following page this work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence. https://creativecommons.org/licenses/by-nc-nd/4.0/ You are free to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 29. Sep. 2021 The Polygamy Paradox: A Feminist Re-Understanding of Polygamy, Human Movement and Human Rights Sasha Holden 0933507 PhD Candidate King’s College School of Law 1 June 2017 Abstract This thesis is about the boundaries of domestic immigration law and international human rights regarding polygamy. It considers how polygamous wives are treated, and why. Polygamy has traditionally been viewed in the West as ‘harmful’, both to women and society. Western legal systems do not allow domestic plural marriage, and international human rights institutions recommend the prohibition of polygamy. Despite that, valid foreign polygamous marriages are recognised in the United Kingdom, particularly where it would be more harmful to do otherwise—except in immigration. The Immigration Act 1988 and Immigration Rules exclude additional polygamous wives from reuniting with their families. No exception is made and any harm that women are likely to suffer as a result is irrelevant. This thesis argues that the treatment of additional polygamous wives, particularly in the refugee context where women are more likely to be exposed to insecurity and harm, presents a ‘polygamy paradox’. While formal objections to polygamy are apparently based on harm, they are likely to cause more harm than good. This work interrogates the stance on polygamy to consider not only its paradoxical effect, but what informs this outcome. Applying a critical legal understanding, this thesis exposes not only the unintended consequences of the law. It also highlights what has shaped legal boundaries, historically and more recently, revealing a hidden bias that undermines the legitimacy and efficacy of laws and rights. This work concludes by offering a renewed feminist framework for the consideration of polygamy; one which takes account of gender, history and power. Ordinary epistemological foundations for the treatment of polygamy are disturbed, so the voices of women who have occupied a neglected space at the centre of laws, rights and reality as a relentlessly excluded ‘other’ are heard, and the content of laws and rights may be improved. 2 Acknowledgements My acknowledgements here are much more than the performance of a required ritual, and represent my heartfelt and genuine gratitude to all of those who are mentioned, who have supported me through to the completion of this research. I have written this thesis during a period of both profound grief and ineffable happiness, latterly experienced in isolated surroundings. It is the support and encouragement of those people mentioned here that have made getting to this point possible. My principal thanks go to my primary supervisor, Dr. Prabha Kotiswaran whose intellectual rigour and on-going commitment to this work have added so much to the final product. I am immensely grateful to you for your willingness to support me following my return, for your extraordinary critical insight and for holding me to account, right to the very end. I have learned so much from you and I am in no doubt that this work is immeasurably improved as a result of your discernment and dedication. It has been an enormous privilege to work with you, and one I have enjoyed very much. I wish also to thank from the bottom of my heart my second supervisor, Professor Aileen McColgan. Having your academic contribution has been a fantastic privilege from the start of this project and the intellectual guidance you have provided has been invaluable. The gratitude I feel at the kindness and patience you’ve shown in supporting me through some terribly tough experiences, from start to finish, is also immense. I will always owe you an enormous debt of heartfelt thanks. I am also grateful to other colleagues at King’s College London for their support over the course of completing this work. To Dr. Lorenzo Zucca and Professor Penny Green for their initial confidence in me and this project, as well as their kindness and patience when Lola was born. Also, to Professor Ann Mumford and Lindsey McBrane for their help and encouragement following my return to King’s, after parental leave with Indie. On each of these occasions, I was so grateful to benefit from practical assistance, with a welcome dose of kindness and understanding. To other academic and administrative staff at King’s, including Professor Maleiha Malik, Professor Rob Wintemute and Dr. Vanja Hamzic, who I enjoyed teaching with very much, and others who have provided much needed help along the way, my thanks. I am also grateful for the full-time studentship provided by King’s as well as the generous scholarship from the New Zealand Vice Chancellor’s Committee. Outside of the institutional support I have received, my thanks must go to my dear colleagues and friends who spent time and energy encouraging me and commenting on this project. Foremost thanks go to my dearly loved friend, Dr. Ned Djordjevic, for his incredible generosity and insightful feedback, and to his wonderful husband, Dimitar Panov, for his incredible technical expertise and help, despite his despair with my rubbish formatting; I owe you both so much. To Professor Shaunnagh Dorsett for your inspiration and your on-going faith, kindness and friendship, which I treasure. To Gerrit Pulles, Claire Mullord, Dr. Dean Knight, Catherine Callaghan, Professor Claudia Geiringer and Dr. Laura Lo Coco; you are all adored in equal measure and your support, at various points along the way, have been so very much appreciated by me. To the very lovely Dr. Claire Charters, thank you for being there in the days of those early losses, to encourage me. To my second favourite black letter, doctrinal 3 lawyer, Chris Hare, thank you for taking the time to listen to someone speak ‘at’ you about all of this stuff, for listening with such good grace and for giving me such sound advice. And last but not least, to Dr. Dr. (I still can’t believe you have two) Lucy Cutler for some of the best practical advice and the warmest emotional support I could wish for. Special thanks must also go to those friends we consider Godparents to our girls, and our own guardian angels. Our dearest friends who supported us through our grief after Lola’s loss and shared our joy following India’s safe arrival; Mark and Rach, Heather and Hayds, Amanda and Chris, Claire and Sally, and to Lucy and Tom, and Dr. Sinead Agnew and Kathryn Purkis, who also provided such a warm and welcoming homes for me in England to finish things off. You are all very dear and cherished friends. And so to other friends. Far, far too many kind souls to mention all of you separately, so forgive me for expressing my thanks, mostly, in small groups so that I have some hope of including everyone who is dear to us, and who has been a great support. Thanks to the Kennington crew, the warm-hearted Grouville Gang, the delightfully mad St George’s Mamas, new and no-less cherished Helvetia chums, other dear chums in Blighty and Jersey and my precious people and extended whanau back home, in Aotearoa, New Zealand. Each one of you is loved and appreciated, and those who are not here to see this day are sorely missed. And to those who have provided love and support to Indie, when I could not: most especially, our dear Torie, KB and the lovely Clearys, Sof and Ange and Nina, but also Maia, Olivia, Kylie and others, thank you so very much. Thanks also to those who helped to keep me physically and mentally functioning, including Alex Jones, Martin and Mandy Bonhomme, Janicke Michael, Laura Storey, Tom Faulkner and Adrienne. Many thanks also to the various organisations and people who assisted with enquiries for information or feedback, including Anna Musgrave (Refugee Council), Tirana Hassan (Amnesty International), Danielle Bell (United Nations Assistance Mission in Afghanistan), Adrienne Davis, Pascale Fournier, Melanie Raymond, Werner Menski, Katharine Charsley, Jeremy Bierbach, Ian Sumner, Jacob Beswick, David Ryken, Sameena Dalwai and the Women’s Refugee Commission. Thanks also to the Maughan Library for their willingness to help with the desperate requests of an isolated academic stranded on a small island, the Jersey Law Institute for providing such a welcoming space for me to work at and retreat to on island, and to Marco at Jersey Public Library for the warm local welcome.
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