DOCSLIB.ORG

Gender Equality and Cultural Claims: Testing Incompatibility Through Analysis of UK Policies on Minority 'Cultural Practices M

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Gender Equality and Cultural Claims: Testing Incompatibility Through Analysis of UK Policies on Minority 'Cultural Practices M Gender equality and cultural claims: testing incompatibility through analysis of UK policies on minority ‘cultural practices’ 1997-2007 Moira Dustin Gender Institute, London School of Economics and Political Science Degree of PhD UMI Number: U615669 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U615669 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 2 8% of chapter 3 and 25% of chapter 4 appeared in a previously published paper I co­ authored with my supervisor: ‘UK Initiatives on Forced Marriage: Regulation, Dialogue and Exit’ by Anne Phillips and Moira Dustin, Political Studies, October 2004, vol 52, pp531-551.1 was responsible for most of the empirical research in the paper. Apart from this, I confirm that the work presented in the thesis is my own. Moira Dustin i/la ^SL. 3 Many thanks to Anne Phillips, and also to family, friends and colleagues for their support and advice. ' h e $ £ Snlisl'i ibraryo* Political mo Economic Soenoe 4 Abstract Debates about multiculturalism attempt to resolve the tension that has been identified in Western societies between the cultural claims of minorities and the liberal values of democracy and individual choice. Earlier writing on multiculturalism was criticised for a failure to recognise the centrality of gender and women’s symbolic role in debates about culture; more recent feminist analysis has placed gender at the centre of multicultural debate. The risk is that cultural minorities are now characterised and problematised almost entirely through the unacceptable attitudes to women held by some of their members. From this perspective, gender equality and cultural rights are irreconcilable. While earlier writing on multiculturalism did indeed fail to address the experiences of minoritized women, approaches that take gender as their starting point can be criticised for - at times - resulting in a discourse that feeds cultural stereotypes and serves reactionary agendas. This alienates the very women it is intended to empower, forcing them to make an unreasonable and impossible choice between their cultural identity and their gender rights. I argue that the assumption of a necessary conflict between gender equality and cultural rights is based on a false and simplistic conception of ‘culture’. A more sophisticated analysis is provided by writers, including Uma Narayan, Avtah Brah, Leti Volpp and Madhavi Sunder, who challenge the assumption that cultures (and religions) are homogenous and stable units. This thesis takes their work forward by locating it in a UK context and asking to what extent it is practical or possible for policy makers, activists and service- providers to deploy this more satisfactory approach when working for and with vulnerable minoritized women. It does this through an analysis of three ‘cultural practices’ identified as problematic and addressed in public policy between 1997 and 2007: forced marriage, female genital mutilation or cutting, and ‘honour’ crimes. 5 Contents Page number Chapter 1. Early multiculturalism 8 1.1 Introduction 8 1.2 T erminology 13 1.3 Multiculturalism 15 1.4 Will Kymlicka’s theory of multicultural citizenship 18 1.5 Chandran Kukathas * benign neglect 21 1.6 Conclusion 24 1.7 Thesis outline 25 Chapter 2. Multiculturalism and feminism 29 2.1 Introduction 29 2.2 Liberal feminist perspectives 29 2.3 The rights of minorities within minorities 34 2.4 Alternative approaches 40 2.5 Conclusion 46 Chapter 3. Multiculturalism in the UK 48 3.1 Introduction 48 3.2 Immigration and race relations 49 3.2.1 Immigration policies 49 3.2.2 Assimilation 51 3.2.3 Integration 52 3.2.4 Multiculturalism 52 3.2.5 Community cohesion 55 3.2.6 From race to culture 59 3.3 Gendered policy before 1997 65 3.4 Conclusion 73 Chapter 4. Forced marriage 75 4.1 Introduction 75 4.2 Policy initiatives after 1997 75 4.3 Immigration measures 87 6 4.4 Analysis of measures 92 4.5 Conclusion 98 Chapter 5. Female genital cutting 101 5.1 Introduction 101 5.2 Terminology 101 5.3 Definitions 103 5.4 The diversity of genital cutting 105 5.5 Historical and global developments 106 5.6 Debates about female genital cutting 107 5.6.1 Necessity 107 5.6.2 Health 109 5.6.3 Sexuality 110 5.6.4 Human rights 112 5.7 Inconsistency and the ‘arrogant perception’ 113 5.8 Strategies for ‘eradication’ 124 5.9 Female genital cutting in the UK 128 5.10 Conclusion 145 Chapter 6. ‘Honour’ based violence 147 6.1 Introduction 147 6.2 Analysis o f‘honour’ violence 148 6.3 Strategies in the UK 158 6.4 Criminal cases 166 6.4.1 Shabir Hussain 170 6.4.2 Shazad Ali Naz, Shakeela Naz, Iftikhar Ali Naz 171 6.4.3 Faqir Mohammed 172 6.5 Conclusion 177 Chapter 7. Culture, ethnicity or religion? 179 7.1 Introduction 179 7 7.2 Religion and culture in multicultural theory 182 7.3 Theoretical models: Bhikhu Parekh 189 7.4 Theoretical models: Martha Nussbaum 192 7.5 The public/private dichotomy 196 7.6 Alternative models 198 7.7 Experiences in the UK 203 7.8 Conclusion 216 Chapter 8. Conclusion 221 8.1 Introduction 221 8.2 Discourses 222 8.3 Policies 227 8.4 Strategic concerns 230 8.5 Positive developments 236 8.5.1 Working in partnership and consultation 236 8.5.2 An integrated equality agenda 241 8.5.3 Developing a human rights ‘culture’ 243 8.6 Conclusion 246 Bibliography 248 Appendix: UK legislation relating to gender, race and religion 270 Chapter 1. Early multiculturalism 1.1 Introduction What should a liberal democratic government do when the traditions and practices of a cultural minority within the society violate the rights of female members of that minority, in particular, such rights as would warrant protection by the government of the larger liberal society?1 Debates about multiculturalism seek to resolve the tension that has been identified in Western societies between the cultural claims of minorities and the liberal values of democracy and individual choice. The assumption is that new minority groups do not share the values and lifestyles of the majority society and that this causes conflict and a lack of social cohesion. Multicultural theory often addresses specific dilemmas, such as a minority community’s claim to practice polygamy in a state that outlaws the practice, and asks what is a just basis for reconciling these different positions. Possible approaches have included Chandran Kukathas’ theory of benign neglect and Will Kymlicka’s theory of multicultural citizenship. But multicultural theory has been heavily criticised for an early failure to address gender concerns. Feminist writers have argued that the early literatures fail to identify the central role of gender in debates about culture. Women have a symbolic role in cultural identity, and it is typically practices that affect women and girls that are asserted as emblematic of minority cultures. It is these practices - for example, forced marriage, female genital mutilation or cutting, and so-called ‘honour’ crimes - that have therefore become emblematic of the tension between majority and minorities. While multiculturalist writing in its early days failed adequately to address gender concerns, today this is no longer the case. In fact, the danger is that cultural minorities are problematised almost entirely through the unacceptable attitudes to women (as well as homosexuals) that they are assumed to hold. Gender has now taken a central position in debates about multiculturalism. Feminists and human rights activists see women’s rights undermined by conservative cultural and religious minorities around the world. Some fear that what 1 Friedman, 2003, p!79. 9 are known as ‘cultural relativist’ arguments will lead to the view that only ‘insiders’ can condemn a country’s or culture’s practices, while ‘outsiders’ must withhold judgement to avoid charges of cultural imperialism. Many argue instead for a universal human rights framework within which practices oppressive to women are treated as illegitimate regardless of who perpetrates them, and national governments and the international community taking action to eliminate such practices wherever they take place and whoever the perpetrator. This thesis does not favour a position of cultural relativism, but argues that in some of its manifestations, a gender-focused discourse does indeed have overtones of cultural imperialism and alienates the very women it is intended to empower. To avoid this, it is necessary to consider who is speaking and on behalf of whom. It is also necessary to consider the context in which judgements about cultural practices are made: in Western democracies where immigration is a permanent subject of media polemic and racism remains prevalent, there is a danger of reinforcing ethnocentric stereotypes of ‘backward’ cultures, while treating the persistence of gender inequality and oppressive practices within the majority as atypical of ‘white’ society. Conceptualisations of culture are crucial here: those who identify an inevitable conflict between gender equality and culture claims often imply that minority cultures in Western societies are clearly defined groups of people who share the same language, values, beliefs and behaviours and have done for centuries. There is a tendency to credit culture with defining, even controlling, the behaviour of members of minority ethnic or religious groups.
Load more

Recommended publications
  • Principles of U.S. Family Law Vivian E
    College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2006 Principles of U.S. Family Law Vivian E. Hamilton William & Mary Law School, [email protected] Repository Citation Hamilton, Vivian E., "Principles of U.S. Family Law" (2006). Faculty Publications. 184. https://scholarship.law.wm.edu/facpubs/184 Copyright c 2006 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs ARTICLE PRINCIPLES OF U.S. FAMILY LAW Vivian Hamilton* What explains US. family law? What are the orzgms of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis ofthe legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes US. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it demonstrates that these rules reflect or embody four important concepts­ conjugality, privacy (familial as well as individual), contract, and parens patriae. Third, it shows that the concepts offamily law in turn embody two distinct underlying principles-Biblical traditionalism and liberal individualism. From these powerful principles, we can derive modern U.S. family law: They explain what our family law is. With this deepened understanding offamily law's structure, the Article next evaluates these principles, and family law as the expression ofthem.
    [Show full text]
  • Matrimonial Property Regimes and the Use of Applicable Law in Family Matters: an English Perspective
    Bar Council of England and Ave des Nerviens 85 Wales B-1040 Brussels Brussels Office Belgium QuickTime™ and a TIFF (LZW) decompressor Tel: 02/230 48 10 are needed to see this picture. Fax: 02/230 45 96 e-mail: evanna.fruithof@ barcouncil.be FORUM ON JUDICIAL COOPERATION IN CIVIL MATTERS Brussels, 2 December 2008 Session IV Family Law and the Law of Succession The Bar Council of England and Wales welcomes the excellent initiative of the French Presidency of the Council of the EU and the European Parliament to hold this timely, high-level Workshop on Judicial Cooperation in Civil Matters. We are delighted to be given this opportunity to contribute to the debate, and have chosen to focus this paper on certain matters arising in Session IV of the agenda, namely matrimonial property regimes (Part I of this paper) and succession (Part II). The Bar Council is committed to an active contribution to the full range of important topics covered by this ambitious programme. Part I MATRIMONIAL PROPERTY REGIMES AND THE USE OF APPLICABLE LAW IN FAMILY MATTERS: AN ENGLISH PERSPECTIVE Introduction 1. In July 2006 the European Commission promulgated two documents:- a. The Proposal for a Council Regulation amending Regulation (EC) No 2201/2003 as Regards Jurisdiction and Introducing Rules Concerning Applicable Law in Matrimonial Matters (“the Rome III proposal”); and b. A Green Paper on Conflict of Laws in Matters Concerning Matrimonial Property Regimes Including the Question of Jurisdiction and Mutual Recognition (“the Green Paper”). 2. The Bar Council of England and Wales responded negatively to both.
    [Show full text]
  • Civil Partnership in Scotland 2004 – 2014, and Beyond
    1 Civil Partnership in Scotland 2004 – 2014, and Beyond Kenneth McK. Norrie, Professor of Law, University of Strathclyde Introduction Exactly ten years separates the passing by the UK Parliament of the Civil Partnership Act 2004, which brought civil partnership to Scotland, and the passing by the Scottish Parliament of the Marriage and Civil Partnership (Scotland) Act 2014, which opened marriage to same-sex couples in Scotland; exactly fifteen years separates the (re)establishment of the Scottish Parliament in 1999 and the Independence Referendum in 2014. The political judgment made in 1999 that devolution would kill the aspiration to independence stone dead has proved as misconceived as the political judgment in 2004 that civil partnership would satisfy any demand for same-sex marriage. The new political structures within the United Kingdom established by devolution rendered it inevitable that the development of civil partnership would play out very differently in Scotland and in England, but the existence of two distinct legal systems, on separate developmental paths, long pre- dates devolution. Scottish family law has always been based on very different perceptions of family life from English family law and these differences reflect profound historical, social and (particularly) religious dissimilarities between the two nations. We in Scotland have no concept, for example, of parental consent to marriage, revealing a different view of both the nature of the parent-child relationship and of marriage (and avoiding the difficulties English law will face when parents refuse consent due to non-acceptance of their child’s sexual orientation). That marriage is a more secular contractual relationship in Scotland than it is in England is shown by the facts (i) that marriage contracts have always been enforceable in Scotland but are (generally speaking) unenforceable in England (Scherpe, 2012), and (ii) that divorce has been available in Scotland for three hundred years longer than in England.
    [Show full text]
  • The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England Liz Trinder
    Louisiana Law Review Volume 65 | Number 4 Divorce and Child Custody Symposium Summer 2005 Measuring Up? The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England Liz Trinder Michael E. Lamb Repository Citation Liz Trinder and Michael E. Lamb, Measuring Up? The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England, 65 La. L. Rev. (2005) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol65/iss4/9 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Measuring Up? The Relationship Between Correlates of Children's Adjustment and Both Family Law and Policy in England Liz Trinder* Michael E. Lamb** Over the last two decades, an impressive, albeit incomplete, body of evidence has been built identifying the factors associated with children's adjustment following parental separation. At the same time, English family law and policy have changed and developed considerably for a variety of reasons. In this paper, we explore the linkages between these two developments. We consider, first, the body of evidence documenting the factors associated with adjustment and maladjustment on the part of children whose parents have separated or divorced, and second, the extent to which changing laws and policies in the United Kingdom have been guided by this literature and have helped achieve the desired outcomes for children.
    [Show full text]
  • Untying the Knot: an Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C
    University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2004 Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866 Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, Untying the Knot: An Analysis of the English Divorce and Matrimonial Causes Court Records, 1858-1866, 38 U. Rich. L. Rev. 903 (2004), available at http://scholarship.law.ufl.edu/facultypub/205 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. UNTYING THE KNOT: AN ANALYSIS OF THE ENGLISH DIVORCE AND MATRIMONIAL CAUSES COURT RECORDS, 1858-1866 Danaya C. Wright * I. INTRODUCTION Historians of Anglo-American family law consider 1857 as a turning point in the development of modern family law and the first big step in the breakdown of coverture' and the recognition of women's legal rights.2 In 1857, The United Kingdom Parlia- * Associate Professor of Law, University of Florida, Levin College of Law. This arti- cle is a continuation of my research into nineteenth-century English family law reform. My research at the Public Record Office was made possible by generous grants from the University of Florida, Levin College of Law.
    [Show full text]
  • The Crisis of Child Custody: a History of the Birth of Family Law in England, 11 Colum
    University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 1-1-2002 The rC isis of Child Custody: A History of the Birth of Family Law in England Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Common Law Commons, Family Law Commons, and the Women Commons Recommended Citation Danaya C. Wright, The Crisis of Child Custody: A History of the Birth of Family Law in England, 11 Colum. J. Gender & L. 175 (2002), available at http://scholarship.law.ufl.edu/facultypub/219 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. THE CRISIS OF CHILD CUSTODY: A HISTORY OF THE BIRTH OF FAMILY LAW IN ENGLAND DANAYA C. WRIGHr Ask-may the victim of a hasty vow Ne'er seek release nor remedy? Ah no! A maiden once enclosed in nuptial ties Must wear herfetters till she sins or dies; And suffer as she may, within these bounds, No curefor sorrows and no balm for wounds. Such finished torture England'scode can boast; A formalframework, which at woman's cost, Flings a disguise o'er ruthless tyranny, And drugs men 's conscience with a special tie. 1 -Harriet Grote (1853) Associate Professor of Law at the University of Florida's Levin College of Law.
    [Show full text]
  • Features of Family Dispute Resolutionunder English Law
    166 ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª Випуск 19 УДК 347.62(410) Hlyniana Kateryna Mykhailivna, PhD in Law,Associate Professorof Civil Law of National university «Odessa academy of Law» FEATURES OF FAMILY DISPUTE RESOLUTIONUNDER ENGLISH LAW The right for the family is both enshrined by the to the Ukrainian legislation, the English one focuses national regulations and recognized internationally. on judicial divorce, division of marital property and The area of human rights recognizes the right of affairs that affect the direct interest of a child. Along every person to respect for his/her family life. A state with the precedents and the national legislation, should implement protection of family, childhood, practice of the international community is widely maternity, paternity,implement policies in creating used. Englandis a party to a number of international conditions for strengthening a family. Ukraine conventions, treaties and organizations that regulate continuesto establish democratic and social future family law and protection of family interests. for the citizens. Therefore, we will apply more than Nowadays the judiciary of England and Wales once to the practice of international experience. One consists of several legal units, which address family of the striking examples thereof is certainly the legal disputes. There are special public institutions, whose system of England. competence is regulation of disputes between parties Should one consider English law, firstly attention to family relations. This is due to the high level of is paid to the rules of English Common Law, which judiciary workloadin family proceedings.
    [Show full text]
  • The Family Law Review an Interim Report
    Breakthrough Britain The Family Law Review An Interim Report Working Group Chaired by Dr Samantha Callan November 2008 About the Centre for Social Justice The Centre for Social Justice aims to put social justice at the heart of British politics. Our policy development is rooted in the wisdom of those working to tackle Britain’s deepest social problems and the experience of those whose lives have been affected by poverty. Our working groups are non-partisan, comprising prominent academics, practitioners and policy makers who have expertise in the relevant fields. We consult nationally and internationally, especially with charities and social enterprises, who are the the champions of the welfare society. In addition to policy development, the CSJ has built an alliance of poverty fighting organisations that reverse social breakdown and transform communities. We believe that the surest way the Government can reverse social breakdown and poverty is to enable such individuals, communities and voluntary groups to help themselves. The CSJ was founded by Iain Duncan Smith in 2004, as the fulfilment of a promise made to Janice Dobbie, whose son had recently died from a drug overdose just after he was released from prison. Chairman: Rt Hon Iain Duncan Smith MP Executive Director: Philippa Stroud The Family Law Review: Interim Report © The Centre for Social Justice, 2008 Published by the Centre for Social Justice, 9 Westminster Palace Gardens, Artillery Row, SW1P 1RL www.centreforsocialjustice.org.uk Designed by SoapBox, www.soapboxcommunications.co.uk 2 Contents Members of the Family Law Review 5 Executive Summary 6 Introduction 11 Section 1: Family Law in the UK today 14 1.1.
    [Show full text]
  • Rozdział V Obrona Przez Kulturę
    ! THÈSE EN COTUTELLE PRÉSENTÉE POUR OBTENIR LE GRADE DE DOCTEUR DE L’UNIVERSITÉ DE BORDEAUX ET DE L’UNIVERSITÉ JAGELLONNE ÉCOLE DOCTORALE UBX ÉCOLE DOCTORALE DU PARTENAIRE SPÉCIALITÉ SCIENCES PENALES ET CRIMINOLOGIE Par Magdalena GRZYB LES ASPECTS CRIMINOLOGIQUES ET PENAUX DES DELITS CULTURELLEMENT MOTIVES Sous la direction de Janina B ŁACHUT et de Jean-Christophe SAINT-PAU Soutenue le 27 mai 2015 Membres du jury : M. SAINT-PAU, Jean-Christophe, professeur a l’Université de Bordeaux codirecteur Mme B ŁACHUT, Janina, professeur a l’Université Jagellonne codirecteur Mme PŁATEK, Monika, professeur a l’Université de Varsovie rapporteur Mme ROBERT, Marie-Pierre, professeur a l’Université de Sherbrooke Président, rapporteur ! Titre : Les aspects criminologiques et pénaux des délits culturellement motivés Résumé : Le problème de ma recherche se pose ainsi : comment le droit pénal et la politique criminelle dans les sociétés multiculturelles et démocratiques doivent-ils réagir face aux délits culturellement motivés, commis par les immigrés -ou de leurs descendants? La dissertation analyse des réponses de la justice pénale des pays occidentaux déterminés face aux trois tipes soi-disant pratiques culturelles néfastes aux femmes qui constituent les exemples des conflits des cultures. Tout d’abord j’analyse comment les pays européens ont réagi aux suivantes pratiques controverses : la violence liée a l’honneur, les mutilations sexuelles féminines et mariages forcés. Ensuite, je présente le concept de la défense par la culture, caractéristique pour le système common law . C’est une stratégie de la défense pour les accusés des délits culturellement motivés. Enfin, j’étudie les contextes et réponses différentes aux délits culturellement motivés en l’Europe et aux Etats Unis et aussi la dimension internationale du problème.
    [Show full text]
  • 'Honour' Killings in the Uk
    ‘HONOUR’ KILLINGS IN THE UK By Emily Dyer Published in January 2015 by The Henry Jackson Society The Henry Jackson Society Millbank Tower 21-24 Millbank London SW1P 4QP Registered charity no. 1140489 Tel: +44 (0)20 7340 4520 www.henryjacksonsociety.org © The Henry Jackson Society 2015 The Henry Jackson Society All rights reserved The views expressed in this publication are those of the author and are not necessarily indicative of those of The Henry Jackson Society or its Trustees. ‘Honour’ Killings In The UK By Emily Dyer ISBN 978-1-909035-17-1 £10.00 where sold Front Cover Images: Sabeen Thandi Banaz Mahmod Handprint © Creature London ‘HONOUR’ KILLINGS IN THE UK By Emily Dyer With research assistance by Plamena Solakova www.henryjacksonsociety.org ‘HONOUR’ KILLINGS IN THE UK About the Author Emily Dyer is a Research Fellow at The Henry Jackson Society. She specialises in women’s rights, as well as Islamism and terrorism. She authored Marginalising Egyptian Women, having spent time in Cairo interviewing leading members of the Muslim Brotherhood and Egypt’s women’s rights movement. Emily has presented her research on a range of platforms, including the British Parliament, the White House, and the Parliament of Bosnia and Herzegovina. She has written about women’s rights and human rights issues for publications including World Affairs, CTC Sentinel and Standpoint magazine. She has travelled widely in Syria, Egypt, Morocco and Turkey. Acknowledgements I would like to give special thanks to Jasvinder Sanghera and the staff at Karma Nirvana, Diana Nammi and the staff at IKWRO, Raheel Raza, Zainab Khan and Paula Kweskin, who gave up their time to share their expertise with me.
    [Show full text]
  • The Criminal Justice Response to Women Who Kill an Interview with Helena Kennedy Sheila Quaid and Catherine Itzin Introduction
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Sunderland University Institutional Repository The criminal justice response to women who kill An interview with Helena Kennedy Sheila Quaid and Catherine Itzin Introduction This chapter is based on an interview with Helena Kennedy QC by Catherine Itzin. It has been edited into the form of a narrative, covering a range of issues relating to women and the criminal justice system, and in particular explores the question of 'Why do women kill?'. In Helena Kennedy's experience of defending women, she asserts that most women kill in desperation, in self... defence or in the defence of their children. Women's experience of violence and escape from violence has received much critical comment and campaigning for law reform over the past few years and some cases such as Sara Thornton, Kiranjit Ahluwalia and Emma Humphreys have achieved a high public profile as campaigners have fought for their release from life sentences. All three women had sustained years of violence and abuse from their partners and had killed in their attempts to stop the violence. Who women kill Women are rarely involved in serial killing and they almost never go out and plan the anonymous killing of a victim with whom who they have no connection at all. For the most part women kill people they know and primarily these people are men. They kill within the domestic arena: they kill their husbands, their lovers, their boyfriends and sometimes they kill their children. Occasion... ally it might stretch beyond the domestic parameter, but the numbers are incredibly small, and when women kill it is when something is going very wrong with their domestic environment.
    [Show full text]
  • PROVOCATION’: READRESSING the LANDMARK THAT OUTFLANKED the LAW of MURDER – a COMMENT on ‘REGINA V
    Indian Journal of Legal Research & Advancements Volume 1 Issue 1, October 2020 EXPATIATION OF ‘PROVOCATION’: READRESSING THE LANDMARK THAT OUTFLANKED THE LAW OF MURDER – A COMMENT ON ‘REGINA v. Kiranjit Ahluwalia’ Ritik Gupta* ABSTRACT Metaphorically, understanding with practicality makes the concept more explicable, and the same did the case of Regina v. Kiranjit Ahluwalia (“Ahluwalia”) on which the author will be commenting in this piece. Firstly, he will expound that how this judgment broadened the compass of ‘provocation’ and influenced the whole world through a new facet respecting domestic violence and then how the three appeals performed the interrogator, that grilled the legitimacy of directions placed in the precedents in conformance with the contemporary law. Secondly, he will scrutinise the fluctuations escorted due to the inducement of this watershed moment to statues and acts and why those became desiderata to bring into effect. Thirdly, he will draw a distinction in the context of ‘provocation’ and ‘diminished responsibility’ amongst English and Indian law, and discourse that why the latter needs an overhaul. Further, he will tag the tribulations which women have to bear when the law does not perceive the circumstance in all facets. Lastly, he will conclude in a concise way and portray the remainder. TABLE OF CONTENTS * The author is a student of B.A. LL.B. (Hons.) at Fairfield Institute of Management and Technology, GGSIP University, New Delhi. He may be reached at [email protected]. The views expressed in this article are solely those of the author and do not necessarily reflect the institution’s with which the author is affiliated.
    [Show full text]