Honour-Based Violence and Forced Marriages: Community and Restorative Practices in Europe PDF
Preview Honour-Based Violence and Forced Marriages: Community and Restorative Practices in Europe
Honour-Based Violence and Forced Marriages In the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture, and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it presents new empirical data. Introducing a case study from the United Kingdom, the book recalls the debate on Sharia Councils and the Muslim Arbitration Tribunal, but examines instead other community-based secular programmes. By comparison, a study from Norway on the work of the National Mediation Agency and the so-called Cross-Cultural Transformative Mediation model is investigated as part of a larger multi-agency approach. Ultimately, in an attempt to reconcile pluralism and the rule of law, the book proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capable of improving women’s access to justice and reducing secondary victimisation. The book will be essential reading for researchers and academics in Law, Criminology, Sociology, and Anthropology and for policy-makers and practitioners working with honour-based violence cases. Clara Rigoni is a Senior Researcher at the Max Planck Institute for the Study of Crime, Security and Law, in Freiburg, Germany. Law, Crime and Culture Series editors: Professor Susanne Karstedt, University of Leeds, UK; Professor Ralf Rogowski, University of Warwick, Coventry, UK; Professor Dirk Tänzler, University of Konstanz, Germany The Law, Crime and Culture series explores an increasingly important and topical area of interdisciplinary research, covering a broad range of themes from understandings of social and legal order in individual cultures to intersections of criminological, legal and cultural inquiry. The series promotes cross-disciplinary and comparative research and the series editors actively welcome submissions on the many and varied topics related to crime, social control, and legal culture across the world. Available titles in this series include: The Social Construction of Corruption in Europe Dirk Tänzler, Konstadinos Maras and Angelos Giannakopoulos The EU Anti-Corruption Report A Reflexive Governance Approach Andi Hoxhaj Honour-Based Violence and Forced Marriages Community and Restorative Practices in Europe Clara Rigoni Honour-Based Violence and Forced Marriages Community and Restorative Practices in Europe Clara Rigoni First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 Clara Rigoni The right of Clara Rigoni to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 978-0-367-50597-4 (hbk) ISBN: 978-0-367-50598-1 (pbk) ISBN: 978-1-003-05045-2 (ebk) DOI: 10.4324/9781003050452 Typeset in Galliard by Deanta Global Publishing Services, Chennai, India To my Grandfather Andrea, for the love that will always bind us Contents Acknowledgements viii PART I Theoretical and Conceptual Framework 1 1 Introduction 3 2 Honour-Based Violence and Forced Marriages 17 3 The Accommodation of Normative Plurality within European Legal Systems 44 4 The Accommodation of Normative Plurality through Extra- Legal Instruments: Alternative Dispute Resolution Mechanisms and Restorative Justice 70 PART II Case Studies 103 5 Methodology 105 6 The United Kingdom 111 7 Norway 161 PART III Findings and Conclusions 201 8 Comparative Overview of the Findings 203 9 Discussion of Findings and Conclusions 238 Index 267 Acknowledgements This book is the result of a long journey during which I was accompanied and supported by several friends and colleagues. My gratitude goes first and foremost to my supervisors Prof. Dr Dr h.c. mult. Hans-Jörg Albrecht, Prof. Dr Dr h.c. Marie-Claire Foblets, and Dr Dr h.c. Michael Kilchling. Without their precious advice, encouragement, and criticism this work would not have been possible. Warm thanks go also to Prof. Dr Dirk Tänzler for his valuable help in the reviewing process and to Prof. Dr Tatjana Hörnle for the support shown since the first time we met. Special thanks also to Ms Kathleen Straka and Ms Gabi Scherer for the constant assistance provided during these past years. My deepest appreciation goes to Bente Krogstad, Dr Latif Tas, and to the interview partners that generously shared with me their stories, struggles, and precious expertise. Thank you for the important work you do every day. I am truly grateful also to Dr Carolin Hillemanns and all other friends and colleagues within the International Max Planck Research School on Retaliation, Mediation and Punishment. You were the best travel companions I could have ever wished for. Thank you also to my old and new colleagues in Freiburg and Halle and to the numerous friends I made there, for the discussions, feedback, and support provided. My deepest gratitude goes to my family. To my mother Letizia, for teaching me generosity; to my father Matteo, for the way he confronts life and for always making me laugh; to Grazia, for helping me get to know my family better; and to my grandparents Rosina and Andrea, for all their love and teachings. A big thank you also goes to Piero, for being a mentor, a friend, and a brother to me; to Carlotta, for her daily support and her patience; to Martha, for the strength and empathy she teaches me every day; to Dorothee Bister, for the diffi- cult work done together in the past years; to my volleyball team, for all the fun we have and for having moved my furniture quite a few times; and to all my friends, in every corner of the world, for making me feel at home wherever I go. Part I Theoretical and Conceptual Framework
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