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Frame Analysis of Early and Forced Marriage: a Belgium Case What’s the Problem? Frame Analysis of Early and Forced Marriage: a Belgium Case By Tessy Vanderhaeghe Submitted to Central European University Department of Gender Studies In partial fulfillment of the requirements for the Erasmus Mundus Master’s Degree in Women’s and Gender Studies Main supervisor: Dr. Andrea Krizsán Support supervisor: Dr. Rachel Alsop Budapest, Hungary CEU eTD Collection 2015 What’s the Problem? Frame Analysis of Early and Forced Marriage: a Belgium Case By Tessy Vanderhaeghe Submitted to Central European University Department of Gender Studies In partial fulfillment of the requirements for the Erasmus Mundus Master’s Degree in Women’s and Gender Studies Main supervisor: Dr. Andrea Krizsán Support supervisor: Dr. Rachel Alsop Approved by: ___________________ CEU eTD Collection Budapest, Hungary, 2015 Abstract Only limited research and little information is currently available concerning the practice of early and forced marriage. Yet, this issue represents a global problem and measures intending to combat the practice of early and forced marriage entirely rely on the way the issue is framed. This thesis will offer to consider early and forced marriage through a human right frame defining the practice as a violation of human rights and a form of gender-based violence rooted in social norms. However, there exist a variety of other frames considering early and forced marriage for instance through culture relativism, immigration problem or as a public health matter. The research question will therefore aim to interrogate the consideration of the Belgian government over the issue of early and forced marriage by examining the responses given by three sectors implicated in the issue: internal affairs, asylum seekers and refugees and the development sectors. Each of these sectors are defining and addressing the issue though different frameworks and methods. The comparison of these sectors will enable to bring up the inconsistencies that can be found between the way each approach have been defining the problematic. Moreover, the research will hope to demonstrate that despite the variety of measures undertaken to combat early and forced marriage, none of the sector has truly framed the issue through a human right perspective. CEU eTD Collection i . CEU eTD Collection ii Acknowledgments I would like to thank my research supervisors, Andrea Kriszan, for her valuable input during the development of my thesis. I would also like to show my appreciation to Rachel Aslop, my second reader who offered me support and regular feedback. I will be eternally grateful for the constant love and academic support provided by my two dearest GEMMA friends, Juliette Sanchez-Lambert and Athena-Maria Enderstein. With love. CEU eTD Collection iii List of Abbreviations BTC Belgian Technical Cooperation CCE Council for alien law litigation (Conseil du Contentieux des Etrangers) CEDAW Convention on the Elimination of all Forms of Discrimination Against Women CGRS Commissioner General for the Refugees and Stateless Persons CII Council of Islamic Ideology CRC Convention on the Rights of the Child DGDC Directorate-General for Development Cooperation ECHR European Court of Human Rights EU European Union FGM Female Genital Mutilations FMU Forced Marriage Unit ICRW International Center for Research on Women IEFH Institute for the equality of women and men KUL Katholieke Universiteit of Leuven NAP National Action Plan NGO Non-governmental organization OE Immigration Department (Office des Etrangers) PIC Indicative Cooperation Program (Programmes Indicatif de Coopéeration) Plan BE Plan Belgium PSG Particular Social Group SCSL Sierra Leone Conflict by the Appeals Chamber of the Special Court for Sierra Leone STDs Sexual Transmitted Diseases UN United Nations UNDH Universal Declaration of Human Rights UNHCR United Nations Human Rights Council CEU eTD Collection UNICEF United Nations Children's Fund WHO World Health Organizations WID Women In Development iv Table of Contents Abstract .......................................................................................................................................................... i Acknowledgments ......................................................................................................................................... iii List of Abbreviations ...................................................................................................................................... iv Table of Contents ........................................................................................................................................... v Introduction ....................................................................................................................................... 1 Methodology ..................................................................................................................................... 5 Terminology ....................................................................................................................................... 7 Research and interviews ..................................................................................................................... 7 Structure of the thesis ........................................................................................................................ 9 1. Forced Marriage’s definition and the Human Rights Frame ............................................................ 12 Introduction ............................................................................................................................................. 12 1.1. The Human Rights Frame ................................................................................................................. 13 1.1.1. Forced marriage as a violation of human rights ........................................................................ 13 1.1.2. Forced marriage as gender-based violence .............................................................................. 15 1.1.3. Forced marriages a cultural practice ......................................................................................... 17 1.2. Successful interventions: Domestic Violence and Violence Against Women .................................. 20 1.2.1. Prevention ................................................................................................................................. 20 1.2.2. Protection and support ............................................................................................................. 23 1.2.3. Prosecution ................................................................................................................................ 25 1.3. Early and forced marriage and best practices .................................................................................. 26 Conclusion ............................................................................................................................................... 28 2. Current frameworks and policies relating to forced marriage ......................................................... 29 2.1. The arranged marriage frame: the debate over consent and coercion ........................................... 30 2.2. The Cultural frame: Culturalization of forced marriage ................................................................... 32 2.3. The Public Health frame ................................................................................................................... 35 2.4. The Immigration frame: forced marriage policy as border control ................................................. 36 2.5. The Criminal Frame: forced marriage and the Criminal Code.......................................................... 37 Conclusion ............................................................................................................................................... 39 CEU eTD Collection 3. Analysis ........................................................................................................................................ 41 3.1. Belgian Citizens ................................................................................................................................. 41 Introduction ......................................................................................................................................... 41 3.1.2. Belgian political context ............................................................................................................ 42 v 3.1.3. Forced Marriage Act .................................................................................................................. 47 3.1.4. Forced marriage and gender-based violence: The National Action Plan .................................. 50 3.1.5. Interventions against early and forced marriage ...................................................................... 52 Analysis ................................................................................................................................................ 68 3.2. Refugees and asylum seekers .......................................................................................................... 71 3.2.1. Gender in asylum seeking ......................................................................................................... 71 3.2.2. Belgium, refugee and the gender perspective .......................................................................... 72 3.2.3 Asylum
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