Protecting Muslim minority women's human rights at divorce : application of the protection against discrimination guarantee in Norwegian domestic law, private international law and human rights law /
Tone Linn Wærstad.
1. edition.
Baden-Baden, Germany : Nomos, 2017.
383 pages ; 23 cm.
3848739275, 9783845282527 (ePDF), 9783848739271
More Details
Baden-Baden, Germany : Nomos, 2017.
9783845282527 (ePDF)
contents note
Introduction -- Materials, methodology and methods -- Exploring Muslim family laws and practices and their reception in the Norwegian society and legal system from a legal human rights perspective -- The structuring/legal design of the discrimination concept -- Overview of the regulation of divorce in CEDAW -- Introduction to women's equal right to access of divorce -- Traditional Muslim practices of mediation and reconciliation in maritial disputes and divorce proceedings -- Delegation of the talaq divorce -- Recognition of divorces based upon Muslim laws in Norway -- Administrative practice concerning the acknowledgment of foreign divorces : legal challenges with women being left in Pakistan against will -- Traditional Muslim practices of partition of assets at the dissolution of marriage -- Arbitration based upon Muslim laws in a Norwegian context : lessons from Canada seen in light of the protection against discrimination -- Conclusion.
The study indicates that there is a need for developments to fulfil Muslim minority women's right to protection against discrimination at the dissolution of marriage, in a variety of arenas that range from informal dispute resolution mechanisms, via public administrative practice, to theoretical developments within both national and private international law. The starting point for the legal analysis is data from 13 interviews with divorced, Muslim immigrant women in Norway. There is also a comparative law component to the project as it looks at experiences of the discourse and application of faith-based dispute resolution in the UK (Sharia Councils) and Canada. Tone Linn WAerstad works as a Postdoctor at the Department of Private Law at the University of Oslo, Norway. Her research lies within the fields of family law, transnational family relations, private international law, women's law and human rights.
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