lot-pri-concluding_statements.pdf
(317.24 kB, PDF)
… against his or her will. This situation may, for example, arise because the religious doctrine does not acknowledge divorce or because the co-operation of the other spouse is lacking. Marital captivity is prevalent on different social levels and within different religions, including Islam, Judaism, Catholicism and Hinduism. It is a global issue that primarily and disproportionately affects women. With creative interpretation of human rights instruments to current times, a right to divorce, … systems, religious people in fact do resort to their religious authorities (imams, rabbi, priests, mufti’s, religious councils etc.) for family dispute settlement and advice. The rights women have under civil law should never be taken away, rather, they should be strengthened where needed. Sharia councils, for example, can be complementary to state courts, not just an alternative. In this regard, culture and religion are not (just) obstacles, but can function as resources for women, as tools that … A holistic approach requires that the implications of marital captivity in other than legal domains (e.g. socio-economic, health etc.) are taken into account. This also requires reflection of the interdependence of human rights and social rights when framing marital captivity in the human rights discourse, as well as taking into account the intersectional differences between the (trapped) spouses and how these shape their lived experiences in situations of marital captivity. Adequate …