‘Moral Panics’ and ‘Social Evils’: Forced Marriage and Gender-Related Violence in Immigration Law and Policy in the UK

Author(s):  
Pragna Patel
2020 ◽  
pp. 1-20
Author(s):  
Sharon Cowan ◽  
Harry Josephine Giles ◽  
Rebecca Hewer ◽  
Becky Kaufmann ◽  
Meryl Kenny ◽  
...  

This article is a response to ‘Losing Sight of Women's Rights: The Unregulated Introduction of Gender Self-Identification as a Case Study of Policy Capture in Scotland’ by Kath Murray, Lucy Hunter Blackburn and Lisa MacKenzie, published in Scottish Affairs 28(3). Murray et al. sought to explore the legal status of women, particularly with regard to discrimination legislation, and concluded that the interests of trans women had begun to systematically erode the interests of non-trans women in Scotland. In this response, we aim to correct some of the erroneous statements made by Murray et al. about legal definitions of sex and gender, and about discrimination law. In critically engaging with Murray et al..’s argument we aim to build a much-needed clearer understanding of law and policy on sex and gender in Scotland, particularly as it relates to the application of the Equality Act 2010. We argue that, in that claiming that there has been policy capture in Scotland, Murray et al.. have neglected to contextualise ongoing debates about sex and gender in law against the backdrop of over two decades of clear legal and policy shifts across the UK. We call for researchers and others – in Scotland and elsewhere – to take care, particularly in interpreting and applying the law, especially as it applies to marginalised minority populations, so that we do not further obfuscate or mislead on important legal and social issues.


Author(s):  
Stefan Koehn ◽  
Farzad Amirabdollahian

The Exercise Benefits/Barriers Scale (EBBS) research instrument has been extensively used to investigate the perceived benefits and barriers of exercise in a range of settings. In order to examine theoretical contentions and translate the findings, it is imperative to implement measurement tools that operationalize the constructs in an accurate and reliable way. The original validation of the EBBS proposed a nine-factor structure for the research tool, examined the EBBS factor structure, and suggested that various factors are important for the testing of the perception of exercise benefits and barriers, whereas a few items and factors may not be vital. The current study conducted a confirmatory factor analysis (CFA) using hierarchical testing in 565 participants from the northwest region of the United Kingdom, the results of which provided evidence for a four-factor structure of the benefits measure, with the Comparative Fit Index (CFI) = 0.943, Tucker–Lewis Index (TLI) = 0.933, and root means square error of approximation (RMSEA) = 0.051, namely life enhancement, physical performance, psychological outlook, and social interaction, as well as a two-factor structure of the barrier measures, with the CFI = 0.953, TLI = 0.931, and RMSEA = 0.063, including exercise milieu and time expenditure. Our findings showed that for a six-factor correlated model, the CFI = 0.930, TLI = 0.919, and RMSEA = 0.046. The multi-group CFA provided support for gender invariance. The results indicated that after three decades of the original validation of the EBBS, many of the core factors and items are still relevant for the assessment of higher-order factors; however, the 26-item concise tool proposed in the current study displays a better parsimony in comparison with the original 43-item questionnaire. Overall, the current study provides support for a reliable, cross-culturally valid EBBS within the UK adult population, however, it proposes a shorter and more concise version compared with the original tool, and gives direction for future research to focus on the content validity for assessing the perception of the barriers to physical activity.


2017 ◽  
Vol 46 (4) ◽  
pp. 797-814 ◽  
Author(s):  
MAJELLA KILKEY

AbstractEuropean Freedom of Movement (EFM) was central to the referendum on the UK's membership of the EU. Under a ‘hard’ Brexit scenario, it is expected that EFM between the UK and the EU will cease, raising uncertainties about the rights of existing EU citizens in the UK and those of any future EU migrants. This article is concerned with the prospects for family rights linked to EFM which, I argue, impinge on a range of families – so-called ‘Brexit families’ (Kofman, 2017) – beyond those who are EU-national families living in the UK. The article draws on policy analysis of developments in the conditionality attached to the family rights of non-EU migrants, EU migrants and UK citizens at the intersection of migration and welfare systems since 2010, to identify the potential trajectory of rights post-Brexit. While the findings highlight stratification in family rights between and within those three groups, the pattern is one in which class and gender divisions are prominent and have become more so over time as a result of the particular types of conditionality introduced. I conclude by arguing that, with the cessation of EFM, those axes will also be central in the re-ordering of the rights of ‘Brexit families’.


2006 ◽  
Vol 11 (2) ◽  
pp. 94-106 ◽  
Author(s):  
Jo Armstrong

This paper proposes that there is a need to push beyond the popular discourses of ‘flexibility’ and ‘work-life balance’. Developing a feminist-Bourdieuian approach and drawing on three illustrative case studies from my interview research with 27 mothers in the UK, I show the importance of maintaining a focus on class and gender inequalities. In the first part of the paper the concepts of capitals, dependencies and habitus which shaped, and were shaped by, this interview research are discussed. An analysis of three women's accounts of their experiences across work and family life is then used to illustrate that although these women all used terms such as ‘flexibility’ and ‘juggling’ in describing their work, the experience of that work was crucially influenced by their histories and current positioning. Tracing each of these women's trajectories from school, attention is focused on the influence of differential access to capitals and relations of dependency in the emergence of their dispositions toward work. Overall, the paper points to the significance of examining the classed and gendered dimensions of women's experiences of employment and motherhood.


2018 ◽  
Vol 13 (3) ◽  
pp. 274-286 ◽  
Author(s):  
Samuel Paul Louis Veissière

Purpose This paper aims to take the “toxic masculinity” (TM) trope as a starting point to examine recent cultural shifts in common assumptions about gender, morality and relations between the sexes. TM is a transculturally widespread archetype or moral trope about the kind of man one should not be. Design/methodology/approach The author revisits his earlier fieldwork on transnational sexualities against a broader analysis of the historical, ethnographic and evolutionary record. The author describes the broad cross-cultural recurrence of similar ideal types of men and women (good and bad) and the rituals through which they are culturally encouraged and avoided. Findings The author argues that the TM trope is normatively useful if and only if it is presented alongside a nuanced spectrum of other gender archetypes (positive and negative) and discussed in the context of human universality and evolved complementariness between the sexes. Social implications The author concludes by discussing stoic virtue models for the initiation of boys and argues that they are compatible with the normative commitments of inclusive societies that recognize gender fluidity along the biological sex spectrum. Originality/value The author makes a case for the importance of strong gender roles and the rites and rituals through which they are cultivated as an antidote to current moral panics about oppression and victimhood.


2007 ◽  
Vol 12 (1) ◽  
pp. 75-89 ◽  
Author(s):  
Stephen Whittle ◽  
Lewis Turner

Gender transformations are normatively understood as somatic, based on surgical reassignment, where the sexed body is aligned with the gender identity of the individual through genital surgery – hence the common lexicon ‘sex change surgery’. We suggest that the UK Gender Recognition Act 2004 challenges what constitutes a ‘sex change’ through the Act's definitions and also the conditions within which legal ‘recognition’ is permitted. The sex/gender distinction, (where sex normatively refers to the sexed body, and gender, to social identity) is demobilised both literally and legally. This paper discusses the history of medico-socio-legal definitions of sex have been developed through decision making processes when courts have been faced with people with gender variance and, in particular, the implications of the Gender Recognition Act for our contemporary legal understanding of sex. We ask, and attempt to answer, has ‘sex’ changed?


2017 ◽  
Vol 51 (2) ◽  
pp. 258-274 ◽  
Author(s):  
Helen Sowey

Forced marriage was criminalised in Australia in March 2013, putting the issue on the agenda of policy-makers and social service providers. Increasingly, however, it is being recognised that criminal laws alone cannot address the practice; protective and preventative strategies are also needed. This paper argues that strategies to address forced marriage will be most effective if they are informed by contextualised and emic understandings of the phenomenon, that is, by the perspectives of individuals, families and communities who are directly affected by forced marriage. Primary research is required to obtain such perspectives. Research into forced marriage in Australia is still in its infancy, and primary research is almost non-existent. This paper, then, looks to primary research from the UK and other comparable Western multicultural nations, offering a critique of this body of literature before drawing out what is revealed about why marriages are forced, how marriages are forced, and what people in forced marriage situations want. The implications of criminal prosecution are then considered in light of this emic understanding. The legal definition of forced marriage hinges on the concept of consent: it is consent that distinguishes an arranged marriage from a forced one. In the UK, the notion of consent has been robustly problematised. However this is not the case in Australia at present, and this paper critiques the value of the concept of consent given the social contexts of forced marriage described above. The implications of this critique for the application of Australia’s forced marriage law are then considered. Finally, from a place of contextualised and emic understanding of forced marriage, this paper considers how protective and preventative strategies might be enhanced.


2018 ◽  
Vol 24 (2) ◽  
pp. 291-303 ◽  
Author(s):  
Nastasja M de Graaf ◽  
Ilham I Manjra ◽  
Anna Hames ◽  
Claudia Zitz

Background: Little is known about how social and cultural variants interact with gender identity development. This article aims to identify the ethnicities of children and young people referred to the United Kingdom’s national Gender Identity Development Service (GIDS), and compare the ethnicity data with the UK child population and referrals to Child and Adolescent Mental Health Services (CAMHS). Methods: GIDS referrals made between April 2012 and April 2015 for children and young people were retrieved. Ethnicity data were obtained by the ‘16 + 1’ ethnicity list. Chi-square and t-tests were performed on the demographics. Results: Less than 10% of the 995 referrals at GIDS were from Black and minority ethnic (BME) groups – an underrepresentation as compared with both the national population and CAMHS figures. No significant differences in ethnic representation were found between the demographic birth-assigned sexes, across age groups, or year of referral. Conclusions: Hypotheses proposed for this underrepresentation take into account both the potential barriers to accessing services and the possibility of cross-cultural variations in the conceptualisations of gender, gender roles and gender diversity. Ethnicity, culture and religion, and their overlapping relationship with gender need further exploration.


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