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Author: Velina Valcheva Publisher: GRIN Verlag ISBN: 3668555486 Category : Law Languages : en Pages : 78
Book Description
Master's Thesis from the year 2017 in the subject Law - Public Law / Miscellaneous, grade: 2.0-2.2, University of Groningen, course: International Human Rights Law, language: English, abstract: Child marriage is a global concern that is neither a new phenomenon nor a sporadic event. Notwithstanding their recognition by the International Community as a human rights violation, the large scale at which such practices are happening all over the world is more than merely disturbing. The issue is further complicated by the fact that child marriage is often justified by communities’ customs or religion. Thus, the cultural sensitiveness that is required when implementing human rights standards could be and has often been employed by states to circumvent their legal obligations related to eradication of the practice by interpreting and applying the laws in a manner which although being in synchrony with one’s traditions or religious peculiarities is contrary to such fundamental principles as is the one of the best interest of the child. This thesis analyses India’s compliance with international human rights standards on child marriage found in UN instruments and recommendations. It endeavours to evaluate how far the state has come in adopting relevant policies and legislation, are they efficient and to what degree are they being actually implemented. It further identifies relevant social patterns that may affect the efforts towards child marriage eradication and suggests possible paths for changing the status quo. The rationale behind selecting India as a focal point of the research was the contradictory reality of child marriage prevalence despite the evidence of a governmental commitment to its eradication made at a global, regional, and national level. The thesis concludes that although India has made a great progress in terms of adoption of legislative and other measures, due to the ineffectiveness and week enforcement of the latter, the State fails to comply fully with its commitments under the respective international human rights treaties it is a party to.
Author: Velina Valcheva Publisher: GRIN Verlag ISBN: 3668555486 Category : Law Languages : en Pages : 78
Book Description
Master's Thesis from the year 2017 in the subject Law - Public Law / Miscellaneous, grade: 2.0-2.2, University of Groningen, course: International Human Rights Law, language: English, abstract: Child marriage is a global concern that is neither a new phenomenon nor a sporadic event. Notwithstanding their recognition by the International Community as a human rights violation, the large scale at which such practices are happening all over the world is more than merely disturbing. The issue is further complicated by the fact that child marriage is often justified by communities’ customs or religion. Thus, the cultural sensitiveness that is required when implementing human rights standards could be and has often been employed by states to circumvent their legal obligations related to eradication of the practice by interpreting and applying the laws in a manner which although being in synchrony with one’s traditions or religious peculiarities is contrary to such fundamental principles as is the one of the best interest of the child. This thesis analyses India’s compliance with international human rights standards on child marriage found in UN instruments and recommendations. It endeavours to evaluate how far the state has come in adopting relevant policies and legislation, are they efficient and to what degree are they being actually implemented. It further identifies relevant social patterns that may affect the efforts towards child marriage eradication and suggests possible paths for changing the status quo. The rationale behind selecting India as a focal point of the research was the contradictory reality of child marriage prevalence despite the evidence of a governmental commitment to its eradication made at a global, regional, and national level. The thesis concludes that although India has made a great progress in terms of adoption of legislative and other measures, due to the ineffectiveness and week enforcement of the latter, the State fails to comply fully with its commitments under the respective international human rights treaties it is a party to.
Author: Christine Forster Publisher: Taylor & Francis ISBN: 1000228053 Category : Law Languages : en Pages : 240
Book Description
This book focuses on women’s human rights in India. Drawing on case studies, it provides a clear overview of the key sources on gender and rights in the country. Further, it contextualizes women’s rights at the critical intersection of caste, religion and class, and analyses barriers to the realization of women’s human rights in practice. It also develops strategies for moving forward towards greater recognition, protection, promotion and fulfilment of women’s human rights in India. Drawing on critical pedagogical tools to analyse groundbreaking court cases, this book will be a key text in human rights studies. It will be indispensable to students, scholars and researchers of gender studies, sociology, law and human rights.
Author: Jaya Sagade Publisher: Oxford University Press, USA ISBN: Category : Juvenile Nonfiction Languages : en Pages : 312
Book Description
This Book Analyses The Reasons Why Child Marriages, Banned Since 1929 And Which Deprive Especially The Girl Child Of Her Childhood, Are Allowed To Take Place. It Shows How This Custom Violates Avery Human Right To Which A Child Is Entitled.
Author: Mathew John Publisher: Springer Nature ISBN: 9819954673 Category : Law Languages : en Pages : 293
Book Description
This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the ’stranger’ in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.
Author: Geeta Chopra Publisher: Springer ISBN: 8132224469 Category : Social Science Languages : en Pages : 238
Book Description
The book is a comprehensive compendium on child rights in India from a child development perspective. It discusses the challenges that Indian children face for survival, development and education, especially if they are marginalized through disability, lack of care, and poverty. The major issues expounded by the author in relation to rights are infant and child survival, early child development, street and working children, children in conflict with law, children with disabilities, child trafficking and child sexual abuse. The author goes further to delve into the causes, among which are high population, poverty, migration, illiteracy, poor legislation and deep-rooted social norms and behaviour. The book presents the existing policy and legal framework in India for each of these issues. The broad purpose of the book is to comprehensively discuss the roadblocks that the marginalized child in India faces, to understand the causes of these roadblocks and to evaluate government and civil society action for children in India.
Author: Rachel B. Vogelstein Publisher: Council on Foreign Relations ISBN: 0876095635 Category : Political Science Languages : en Pages : 50
Book Description
Ending child marriage is not only a moral imperative—it is a strategic imperative that will further critical U.S. foreign policy interests in development, prosperity, stability, and the rule of law.
Author: Hoko Horii Publisher: Routledge ISBN: 1000469085 Category : Family & Relationships Languages : en Pages : 135
Book Description
This book addresses the issue of agency in relation to child marriage. In international campaigns against child marriage, there is a puzzle of agency: While international human rights institutions celebrate girls’ exercise of their agency not to marry, they do not recognize their agency to marry. Child marriage, usually defined as ‘any formal marriage or informal union where one or both of the parties are under 18 years of age’, is normally considered as forced – which is to say that it is assumed that are not capable of consenting to marriage. This book, however, re-examines this assumption, through a detailed socio-legal examination of child marriage in Indonesia. Eliciting the multiple competing frameworks according to which child marriage takes place, the book considers the complex reasons why children marry. Structural explanations such as lack of opportunities and oppressive social structures are important, but not exhaustive, explanations. Exploring the subjective reasons by listening to children’s perspectives, their stories show that many of them decide to marry for love, desire, to belong to the community, and for new opportunities and hopes. The book, then, demonstrates how the child marriage framework – and, indeed, the human rights framework in general – is constructed on too narrow a vision of human agency: One that cannot but fail to respect and promote the agency of all, regardless of gender, race, religion, and age. This book will be of interest to scholars, students, and practitioners in the areas of children’s rights, legal anthropology, and socio-legal studies.
Author: Gayle Tzemach Lemmon Publisher: Council on Foreign Relations ISBN: 0876095910 Category : Languages : en Pages : 58
Book Description
One-third of the world's girls are married before the age of eighteen, limiting both their educational and economic potential. Child marriage is damaging to global prosperity and stability, yet despite the urgency of the issue, there remains a significant lack of data on the subject. Senior Fellow Gayle Tzemach Lemmon discusses both the factors that contribute to and strategies that have proved effective against child marriage.
Author: Gordon Brown Publisher: Open Book Publishers ISBN: 1783742216 Category : Political Science Languages : en Pages : 146
Book Description
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Author: Joel A. Nichols Publisher: Cambridge University Press ISBN: 1139503979 Category : Law Languages : en Pages : 417
Book Description
American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
Author: Velina Valcheva
Author: Velina Valcheva
Author: Christine Forster
Author: Jaya Sagade
Author: Mathew John
Author: Geeta Chopra
Author: Rachel B. Vogelstein
Author: Hoko Horii
Author: Gayle Tzemach Lemmon
Author: Gordon Brown
Author: Joel A. Nichols