Honour-Based Violence and Forced Marriages: Community and Restorative Practices in Europe (Law, Crime and Culture)

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. "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"-- Provided by publisher This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. It proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capab Cover 1 Half Title 2 Series Page 3 Title Page 4 Copyright Page 5 Dedication 6 Table of Contents 8 Acknowledgements 9 Part I Theoretical and Conceptual Framework 10 Chapter 1 Introduction 12 Chapter 2 Honour-Based Violence and Forced Marriages 26 Chapter 3 The Accommodation of Normative Plurality within European Legal Systems 53 Chapter 4 The Accommodation of Normative Plurality through Extra-Legal Instruments: Alternative Dispute Resolution Mechanisms and Restorative Justice 79 Part II Case Studies 112 Chapter 5 Methodology 114 Chapter 6 The United Kingdom 120 Chapter 7 Norway 170 Part III Findings and Conclusions 210 Chapter 8 Comparative Overview of the Findings 212 Chapter 9 Discussion of Findings and Conclusions 247 Index 276 Honor-Based,Violence;,Forced,Marriage;,Alternative,Dispute,Resolution,Mechanism;,Restorative,Justice;,Informal,Justice;,Violence,against,Women;,Intersectionality;,Multiculturalism;,Legal,Pluralism;,Cultural,Defence;,Istanbul,Convention Honor-Based Violence,Forced Marriage,Alternative Dispute Resolution Mechanism,Restorative Justice,Informal Justice,Violence against Women,Intersectionality,Multiculturalism,Legal Pluralism,Cultural Defence,Istanbul Convention "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"--Publisher's description