Do Practices Such As Dowry and Bride Prices Relate to Violence Among Migrants in OECD Countries? a Mixed Methods Systematic Review Protocol
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Structural Violence Against Children in South Asia © Unicef Rosa 2018
STRUCTURAL VIOLENCE AGAINST CHILDREN IN SOUTH ASIA © UNICEF ROSA 2018 Cover Photo: Bangladesh, Jamalpur: Children and other community members watching an anti-child marriage drama performed by members of an Adolescent Club. © UNICEF/South Asia 2016/Bronstein The material in this report has been commissioned by the United Nations Children’s Fund (UNICEF) regional office in South Asia. UNICEF accepts no responsibility for errors. The designations in this work do not imply an opinion on the legal status of any country or territory, or of its authorities, or the delimitation of frontiers. Permission to copy, disseminate or otherwise use information from this publication is granted so long as appropriate acknowledgement is given. The suggested citation is: United Nations Children’s Fund, Structural Violence against Children in South Asia, UNICEF, Kathmandu, 2018. STRUCTURAL VIOLENCE AGAINST CHILDREN IN SOUTH ASIA ACKNOWLEDGEMENTS UNICEF would like to acknowledge Parveen from the University of Sheffield, Drs. Taveeshi Gupta with Fiona Samuels Ramya Subrahmanian of Know Violence in for their work in developing this report. The Childhood, and Enakshi Ganguly Thukral report was prepared under the guidance of of HAQ (Centre for Child Rights India). Kendra Gregson with Sheeba Harma of the From UNICEF, staff members representing United Nations Children's Fund Regional the fields of child protection, gender Office in South Asia. and research, provided important inputs informed by specific South Asia country This report benefited from the contribution contexts, programming and current violence of a distinguished reference group: research. In particular, from UNICEF we Susan Bissell of the Global Partnership would like to thank: Ann Rosemary Arnott, to End Violence against Children, Ingrid Roshni Basu, Ramiz Behbudov, Sarah Fitzgerald of United Nations Population Coleman, Shreyasi Jha, Aniruddha Kulkarni, Fund Asia and the Pacific region, Shireen Mary Catherine Maternowska and Eri Jejeebhoy of the Population Council, Ali Mathers Suzuki. -
Report: the Practice of Dowry and the Incidence of Dowry Abuse in Australia
The Senate Legal and Constitutional Affairs References Committee Practice of dowry and the incidence of dowry abuse in Australia February 2019 Commonwealth of Australia 2019 ISBN 978-1-76010-898-4 This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Australia License. The details of this licence are available on the Creative Commons website: http://creativecommons.org/licenses/by-nc-nd/3.0/au/. This document was produced by the Senate Legal and Constitutional Affairs Committee secretariat and printed by the Senate Printing Unit, Department of the Senate, Parliament House, Canberra. ii Members of the committee Members Senator Louise Pratt (ALP, WA) (Chair) Senator the Hon Ian Macdonald (LNP, QLD) (Deputy Chair) Senator Kimberley Kitching (ALP, VIC) Senator Nick McKim (AG, TAS) Senator Jim Molan AO, DSC (LP, NSW) Senator Murray Watt (ALP, QLD) Participating Members Senator Larissa Waters (AG, QLD) Secretariat Dr Sean Turner, Acting Committee Secretary Ms Nicola Knackstredt, Acting Principal Research Officer Ms Brooke Gay, Administrative Officer Suite S1.61 Telephone: (02) 6277 3560 Parliament House Fax: (02) 6277 5794 CANBERRA ACT 2600 Email: [email protected] iii Table of contents Members of the committee ............................................................................... iii Recommendations .............................................................................................vii Chapter 1............................................................................................................. -
Women's Rights in Islam Regarding Marriage and Divorce Imani Jaafar-Mohammad
Journal of Law and Practice Volume 4 Article 3 2011 Women's Rights in Islam Regarding Marriage and Divorce Imani Jaafar-Mohammad Charlie Lehmann Follow this and additional works at: http://open.mitchellhamline.edu/lawandpractice Part of the Family Law Commons Recommended Citation Jaafar-Mohammad, Imani and Lehmann, Charlie (2011) "Women's Rights in Islam Regarding Marriage and Divorce," Journal of Law and Practice: Vol. 4, Article 3. Available at: http://open.mitchellhamline.edu/lawandpractice/vol4/iss1/3 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in Journal of Law and Practice by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Women's Rights in Islam Regarding Marriage and Divorce Keywords Muslim women--Legal status laws etc., Women's rights--Religious aspects--Islam, Marriage (Islamic law) This article is available in Journal of Law and Practice: http://open.mitchellhamline.edu/lawandpractice/vol4/iss1/3 Jaafar-Mohammad and Lehmann: Women's Rights in Islam Regarding Marriage and Divorce WOMEN’S RIGHTS IN ISLAM REGARDING MARRIAGE AND DIVORCE 4 Wm. Mitchell J. L. & P. 3* By: Imani Jaafar-Mohammad, Esq. and Charlie Lehmann+ I. INTRODUCTION There are many misconceptions surrounding women’s rights in Islam. The purpose of this article is to shed some light on the basic rights of women in Islam in the context of marriage and divorce. This article is only to be viewed as a basic outline of women’s rights in Islam regarding marriage and divorce. -
Strategies for Combating the Culture of Dowry and Domestic Violence in India
pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com "Violence against women: Good practices in combating and eliminating violence against women" Expert Group Meeting Organized by: UN Division for the Advancement of Women in collaboration with: UN Office on Drugs and Crime 17 to 20 May 2005 Vienna, Austria Strategies for Combating the Culture of Dowry and Domestic Violence in India Expert paper prepared by: Madhu Purnima Kishwar Manushi, India 1 This paper deals with the varied strategies used by Manushi and other women’s organizations to deal with issues of domestic violence, the strengths and limitations of approaches followed hitherto and strategies I think might work far better than those tried so far. However, at the very outset I would like to clarify that even though Manushi played a leading role in bringing national attention to domestic violence and the role dowry has come to play in making women’s lives vulnerable, after nearly 28 years of dealing with these issues, I have come to the firm conclusion that terms “dowry death” and “dowry violence” are misleading. They contribute towards making domestic violence in India appear as unique, exotic phenomenon. They give the impression that Indian men are perhaps the only one to use violence out of astute and rational calculations. They alone beat up women because they get rewarded with monetary benefits, whereas men in all other parts of the world beat their wives without rhyme or reason, without any benefits accruing to them. Domestic violence is about using brute force to establish power relations in the family whereby women are taught and conditioned to accepting a subservient status for themselves. -
Women Who Kill Women
University of Denver Digital Commons @ DU Sturm College of Law: Faculty Scholarship University of Denver Sturm College of Law 2016 Women Who Kill Women Rashmi Goel Follow this and additional works at: https://digitalcommons.du.edu/law_facpub Part of the Human Rights Law Commons Recommended Citation 22 Wm & Mary J. Women & L. 549 (2015-2016) This work is licensed under a Creative Commons Attribution 4.0 License. This Paper is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Sturm College of Law: Faculty Scholarship by an authorized administrator of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. Women Who Kill Women Publication Statement Copyright held by the author. User is responsible for all copyright compliance. This paper is available at Digital Commons @ DU: https://digitalcommons.du.edu/law_facpub/40 WOMEN WHO KILL WOMEN RASHMI GOEL* INTRODUCTION I. THE CURIOUS CASES OF WOMEN WHO KILL WOMEN II. THE PROBLEM OF DOWRY DEATHS III. THE INDIAN LEGISLATIVE RESPONSE-PUNISHING PRACTICE WHILE PRESERVING CULTURE A. The Dowry ProhibitionAct of 1961 B. Dowry Harassment and Cruelty: Section 498A C. The Offense of Dowry Death: Section 304B IV. ANSWERING WHY A. The Hurdle of Section 304B B. Beyond Greed 1. Internalized Patriarchy 2. PatriarchalBargain 3. Limited Opportunities to Exercise Power 4. Individual Agency and Autonomy V. GOING FORWARD-DON'T COUNT ON THE COURTS CONCLUSION INTRODUCTION Every hour of every day,1 a woman in India dies over someone's dissatisfaction with her dowry.2 Sometimes she is killed outright, other times the new bride is driven to suicide.3 They call these dowry * Associate Professor of Law, University of Denver, Sturm College of Law. -
Opinion, Ross Stanley V. Carolyn Haynes Stanley, No. 13-0960
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2014 Term _______________ FILED May 27, 2014 No. 13-0960 released at 3:00 p.m. RORY L. PERRY II, CLERK _______________ SUPREME COURT OF APPEALS OF WEST VIRGINIA ROSS STANLEY, Petitioner Below, Petitioner v. CAROLYN HAYNES STANLEY, Respondent Below, Respondent ____________________________________________________________ Appeal from the Circuit Court of Greenbrier County The Honorable Joseph C. Pomponio, Jr., Judge Civil Action No. 12-D-65 REVERSED ____________________________________________________________ Submitted: May 6, 2014 Filed: May 27, 2014 Martha J. Fleshman, Esq. J. Michael Anderson, Esq. Fleshman Law Office Rainelle, West Virginia Lewisburg, West Virginia Counsel for the Respondent Counsel for the Petitioner JUSTICE KETCHUM delivered the Opinion of the Court. SYLLABUS BY THE COURT 1. W.Va. Code § 43-1-2(b) [1992] requires any married person who conveys an interest in real estate to notify his or her spouse within thirty days of the time of the conveyance if the conveyance involves an interest in real estate to which dower would have attached if the conveyance had been made before dower was abolished in 1992. 2. Under W.Va. Code § 43-1-2(d) [1992], when a married person fails to comply with the notice requirement contained in W.Va. Code § 43-1-2(b) [1992], then in the event of a subsequent divorce within five years of the conveyance, the value of the real estate conveyed, as determined at the time of the conveyance, shall be deemed a part of the conveyancer’s marital property for purposes of determining equitable distribution. i Justice Ketchum: Petitioner Ross Stanley (“petitioner husband”) appeals the July 30, 2013, order of the Circuit Court of Greenbrier County that reversed the April 19, 2013, order of the Family Court of Greenbrier County. -
Hidden Risks in Real Estate Title Transactions
Cleveland State Law Review Volume 19 Issue 1 Article 14 1970 Hidden Risks in Real Estate Title Transactions Sherman Hollander Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Housing Law Commons, and the Property Law and Real Estate Commons How does access to this work benefit ou?y Let us know! Recommended Citation Sherman Hollander, Hidden Risks in Real Estate Title Transactions, 19 Clev. St. L. Rev. 111 (1970) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol19/iss1/14 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. Hidden Risks in Real Estate Title Transactions Sherman Hollander* N o AMOUNT OF CARE can avoid certain of the title hazards which a real estate transaction may encounter. The most careful attorney can do little or nothing, in such situations, to sidestep the pitfalls. In at least some such cases the legislature could provide relief by reducing the risk to innocent parties. To do so requires perceptive review of some time- honored concepts. A number of types of other problems exist where a careful attorney may reduce the risk faced by his client. Even here perhaps the legis- lature could consider statutory improvements. It would be more fair and equitable if extraordinary care were not required to prevent an un- just result. Dower Interest One vestige of English Common Law which still operates in Ohio and may be the source of increasing losses to innocent parties in the future is dower. -
Civil Union and Domestic Partmerships
Civil Union and Domestic Partmerships January 2014 In 2000, Vermont became the first state to recognize same-sex civil unions following the 1999 decision of Vermont’s Supreme Court in Baker v. Vermont, 744 A.2d 864 (Vt. 1999), holding that the state’s prohibition on same-sex marriage violated the Vermont Constitution. The court ordered the Vermont legislature either to allow same-sex marriages or to implement an alternative legal mechanism according similar rights to same-sex couples. As of November, 2013, these jurisdictions have laws providing for the issuance of marriage licenses to same-sex couples: California. Connecticut. Delaware. District of Columbia. Hawaii Illinois Iowa. Maine. Maryland. Massachusetts. Minnesota. New Hampshire. New Mexico New York. Rhode Island. Vermont. Washington. The following jurisdictions provide the equivalent of state-level spousal rights to same- sex couples within the state: Colorado. District of Columbia. Nevada. New Jersey. Oregon. Wisconsin. If a state does not appear on the following chart, it is because we have not found a state statute on the topic. In some cases provisions only exist for public employees. To check whether there is pending or recently enacted legislation, please click here. Click the letter corresponding to the state name below. Please note: This material is for personal use only and is protected by U.S. Copyright Law (Title 17 USC). It is provided as general information only and does not constitute and is not a substitute for legal or other professional advice. Reliance upon this material is solely at your own risk. | C | D | H | I | M | N | O | R | V | W State Statute California 297. -
The Economics of Dowry and Brideprice
Journal of Economic Perspectives—Volume 21, Number 4—Fall 2007—Pages 151–174 The Economics of Dowry and Brideprice Siwan Anderson ayments between families at the time of marriage existed during the history of most developed countries and are currently pervasive in many areas of P the developing world. These payments can be substantial enough to affect the welfare of women and a society’s distribution of wealth. Recent estimates document transfers per marriage amounting to six times the annual household income in South Asia (Rao, 1993), and four times in sub-Saharan Africa (Dekker and Hoogeveen, 2002). This paper first establishes some basic facts about the prevalence and magni- tude of marriage payments. It then discusses how such patterns vary across coun- tries depending upon economic conditions, societal structures, institutions, and family characteristics. Such payments have also evolved within societies over time. For example, in some periods such payments have risen sharply. In some cases, payments have shifted from the grooms’ sides to the brides’, and vice versa. Also, property rights over such payments have sometimes shifted between marrying partners and parental generations. Economists, who have only recently begun to work on the topic, have focused on explaining these facts. The second part of the paper addresses this economic literature. Though considerable insight into many of the facts has been gained, many of the existing economic explanations are weakly convincing, and many puzzles remain. One crucial difficulty is that solid data in this field have been extremely rare. The descriptions of marriage payments in this paper are synthe- sized from a patchwork of studies across periods, places, and even epochs, and there are doubtless numerous cases which remain undocumented. -
The Practice of Dowry and the Incidence of Dowry Abuse in Australia
The practice of dowry and the incidence of dowry abuse in Australia Submission to the Senate Legal and Constitutional Affairs References Committee August 2018 Anti-Slavery Australia Faculty of Law University of Technology Sydney PO Box 123, Broadway NSW 2007 www.antislavery.org.au Anti-Slavery Australia: Submission to the Senate Legal and Constitutional Affairs References Committee Inquiry into the practice and incidence of dowry abuse in Australia. August 2018 Contents RECOMMENDATIONS ......................................................................................................... 4 1. DOWRY ABUSE ............................................................................................................ 6 1.1. What is dowry? ...................................................................................................... 6 1.2. What is dowry abuse? .......................................................................................... 7 1.3. Prevalence and incidence of dowry abuse internationally ................................. 8 1.4. Prevalence and incidence of dowry abuse in Australia ...................................... 9 1.5. Nexus between dowry abuse and family violence, forced marriage, modern slavery and domestic servitude ................................................................................... 12 1.5.1. Human trafficking, slavery and family violence ............................................. 12 1.5.2. Forced marriage and family violence ............................................................ -
Dowry and Bride Price: the Role of Network Benefits
Dowry and Bride Price: The Role of Network bene…ts April 2010 Abstract Marriage payments are broadly de…ned by which side pays as well as by recipient. Payments from the bride’s side to the couple via the bride are classi…ed as dowry and payments from the groom’s parents to the bride’s parents are classi…ed as bride price. The research question for this paper is: what are the determinants of direction and recipient of marriage payments? A child’s marriage bene…ts the parents in three possible ways. Both sets of parents obtain network bene…ts from being connected by marriage to the spouse’s extended family and to the newly formed couple with their conjugal fund. In addition the parents that the couple lives with get location speci…c bene…ts from the couple’s labor. The predictions of the model are as follows. To obtain both dowry and bride price, location bene…ts should be an important source of bene…ts. The di¤erence between bride price and dowry societies in this paper is the composition of network bene…ts. Speci…cally the relative importance of the couple versus the spouse’s extended family. If the value of the couple’s conjugal fund is outweighed by the network bene…ts from the extended family, bride price is the resulting payment. If network bene…ts from the couple are important, dowry, broadly de…ned, is the result. The speci…c form of dowry systems depends on the impact of parental characteristics. Evidence for the model’spredictions are provided from speci…c studies as well as empirical analysis using data from Murdock’sEthnographic Atlas. -
Married in Kentucky: a Surviving Spouse's Dower Right in Personalty Elizabeth S
Kentucky Law Journal Volume 96 | Issue 1 Article 4 2007 Married in Kentucky: A Surviving Spouse's Dower Right in Personalty Elizabeth S. Muyskens University of Kentucky Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Estates and Trusts Commons, and the Family Law Commons Click here to let us know how access to this document benefits oy u. Recommended Citation Muyskens, Elizabeth S. (2007) "Married in Kentucky: A Surviving Spouse's Dower Right in Personalty," Kentucky Law Journal: Vol. 96 : Iss. 1 , Article 4. Available at: https://uknowledge.uky.edu/klj/vol96/iss1/4 This Note is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. NOTES Married in Kentucky: A Surviving Spouse's Dower Right in Personalty Elizabeth S. Muyskensl K ENTUCKY is not only unusual for retaining some form of the common law rule of dower through statute,' but also for including personal property in its dower statute. Common law limited dower to real estate3 and, in most states, the right to dower has been replaced with elective share statutes.4 In Kentucky, if an individual dies intestate, their surviving spouse is entitled to an estate in fee of one-half of the real estate the other spouse owned in fee simple at death, a life estate in one-third of the real estate the other spouse owned in fee simple during his or her marriage but not at the time of death,