This article is a response to the Lancet Commission on the Legal Determinants of Health from gendered perspectives and focusing on gender-based violence and abuse. The Lancet Commission sees the role of law as positive, indeed central in providing justice in global contexts, and this contribution explores and unpacks this assertion, drawing on some examples from India and elsewhere. Some feminists have argued that law and justice are incompatible for women, and this is sometimes borne out when we look at (...) legal reforms and interventions in the field of gender-based violence. However, we also explore the ways in which some women have used legal reforms in creative ways to destabilize patriarchal norms, and more broadly, how absence of legal protection can undermine access to rights. We conclude that law can have a symbolic relationship with justice. (shrink)

This paper explores the UK’s legal interventions in the arena of forced marriage. Three key initiatives have been considered in the last 5 years: creating a specific crime of forced marriage; civil rather than criminal protection for victims; and an increase in the age of entry for non-EU spouses, with a corresponding increase in age for sponsoring such spouses. Our key focus is on the last of these interventions and we draw upon a research study conducted in the UK in (...) 2006/2007 exploring the risks and benefits associated with increasing the age of sponsorship and entry. The UK government’s argument is that the increased maturity which comes from being older acts as a protective factor, thus making it easier to resist forced marriage. This view of maturity gains its saliency from developmental psychology. Here, we critically analyse the construct of age and the link between age and ability to resist forced marriage. We illustrate through the accounts of victims of forced marriage and of stakeholders the difficulties of adopting age as a central organising feature of protection for potential victims of forced marriage. (shrink)