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  • 1
    UID:
    kobvindex_HPB989551283
    Format: 1 online resource
    Edition: Edition 2017.
    ISBN: 9783845282527 , 3845282525
    Series Statement: Oslo Legal Studies ; volume 2
    Note: Cover; Part I Background and context; 1 Introduction; 1.1 Aim and research question; 1.2 Relevance, identifying and contributing to closing the knowledge gap; 1.3 Scope and limitations; 1.4 Language, terminology and concepts; 1.5 Parts and chapters; 2 Materials, methodology and methods; 2.1 General features of the methodology; 2.2 Approaching the study of religious laws in Norway through theories of legal pluralism; 2.3 A feminist ethnographic approach; 2.3.1 Introduction; 2.3.2 The research design: frame, access and consent, ethics. , 2.3.3 Bringing forth the voice and visibility of women 2.3.4 Limitations and significance; 2.4 Methodology in international human rights law; 2.4.1 Introduction; 2.4.2 Interpretation of international human rights; 2.4.3 The international human rights conventions' monitoring mechanisms; 2.4.4 The legal value of treaty bodies' interpretations; 2.4.5 A process oriented approach to international law; 2.4.6 The legal relationship between the constitution, ordinary law and international human rights when deciding on protection against discrimination. , 3 Exploring Muslim family laws and practices and their reception in the Norwegian society and legal system from a legal human rights perspective 3.1 Introduction: Relevance and challenges in researching Muslim family laws and traditions in relation to women's protection against discrimination at the dissolution of marriage; 3.2 Presentation of Muslim legal sources and principles for interpretation; 3.3 Feminist perspectives on Muslim family law; 3.4 Sources of Muslim law in this project; 3.5 The different modalities of divorce in Muslim laws and traditions. , 3.6 Muslim divorce laws, customs and women's lived realities 3.7 Summary; 4 The structuring /legal design of the discrimination concept; 4.1 Introduction; 4.2 The legal design of discrimination; 4.3 Structural discrimination; 4.3.1 Introduction; 4.3.2 Definition of structural discrimination; 4.3.3 The importance of the concept of structural discrimination; 4.3.4 The concept of structural discrimination when deciding upon the range of the protection against discrimination; 4.3.5 How is the concept of structural discrimination relevant for the themes analysed in the thesis? , 4.3.5.1 Introduction 4.3.5.2 Balancing the right to protection against discrimination against the right to cultural and religious freedom; 4.3.5.3 The private/public distinction; 4.3.6 Summary; 4.4 Multiple discrimination and intersectionality; 4.4.1 Introduction; 4.4.2 Addressing intersectional discrimination in domestic and international law; 4.4.3 Methodological implications from applying an intersectional perspective; 4.5 Central questions regarding the protection against discrimination in this project; 4.5.1 Introduction; 4.5.2 The structure of duties under the CEDAW convention.
    Additional Edition: Print version: ISBN 9783848739271
    Additional Edition: ISBN 3848739275
    Language: English
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