Teleology behind the Prohibition of Recognition of Polygamous Marriages under the EU Family Reunification Directive – a Critique of Rule Effectiveness

Show full item record



Permalink

http://hdl.handle.net/10138/334598

Citation

Stybnarova , N 2020 , ' Teleology behind the Prohibition of Recognition of Polygamous Marriages under the EU Family Reunification Directive – a Critique of Rule Effectiveness ' , Journal of Muslim Minority Affairs , vol. 40 , no. 1 , pp. 104-116 . https://doi.org/10.1080/13602004.2020.1741168

Title: Teleology behind the Prohibition of Recognition of Polygamous Marriages under the EU Family Reunification Directive – a Critique of Rule Effectiveness
Author: Stybnarova, Nicole
Contributor organization: Faculty of Law
Helsinki Inequality Initiative (INEQ)
Helsinki Institute of Sustainability Science (HELSUS)
Doctoral Programme in Law
Date: 2020-03
Language: eng
Number of pages: 13
Belongs to series: Journal of Muslim Minority Affairs
ISSN: 1360-2004
DOI: https://doi.org/10.1080/13602004.2020.1741168
URI: http://hdl.handle.net/10138/334598
Abstract: This article focuses on the recognition of foreign marriages and personal statuses as part of family reunification proceedings under EU Family Reunification Directive. The central focus of the article is the principle of not recognising polygamous mar-riages as grounds for the right to family reunification. The article briefly examines the historical negative approaches to recognising polygamous marriages in the Western Migration Law as well as Private International Law and accordingly, the interconnection between the present rule under EU Migration Law and the previous case-law of the European Court of Human Rights. The author then introduces the EU policy reasons for taking a stand against these marriages. The perspective of the policy aim is then critically evaluated. The critical part methodologically employs a critical feminist exchange for approach, focusing on the structure of the present rule and the power-relations it presupposes and re-creates in the relationships subject to it. The article concludes that, albeit it is claimed that the present European policy of non-recognition of polygamous marriages as grounds for family reunification is aimed at the protection of women’s rights and equality between sexes, the consequences of the rule application support the paradigm of taking all the decisive power over the relationship away from women and granting it to men.
Subject: 513 Law
Migration Law
Private International Law
Muslim marriages
polygamous marriages
feminist critique
rule teleology
Peer reviewed: Yes
Rights: unspecified
Usage restriction: openAccess
Self-archived version: acceptedVersion


Files in this item

Total number of downloads: Loading...

Files Size Format View
Nicole_Stybnaro ... n_Directive_T_F_200303.pdf 423.5Kb PDF View/Open

This item appears in the following Collection(s)

Show full item record