Women’s forum: “The Netherlands, 1st country to recognize marital captivity”

HomepoliticsWomen's forum: "The Netherlands, 1st country to recognize marital captivity"

Kenya Nicol

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At the Women’s Forum in Paris, Alyse Nelson, President of Vital Voices, moderated a discussion on the importance of women in politics. She was accompanied by Shirin Musa, Director of Femmes for Freedom, and Mandana Dayani, founder of I am a Voter. Together, they stressed the importance of fighting for women’s rights, including the recognition of marital captivity, and encouraging women to vote and stand for election.

Shirin Musa, Director of Femmes for Freedom, shared her experience as a Muslim woman. Her former husband refused to grant her a religious divorce, which deprived Shirin Musa of her freedom. “I received the civil divorce verdict from the judge within a year. But my husband continued to refuse to give me my Islamic divorce. This meant that if I went to Pakistan, he would lodge a complaint against me and say ‘This woman has committed adultery or bigamy, and you must imprison her'” she explains.

Recognition of marital captivity

After a long legal battle in which the lawyers’ advice had done nothing. Shirin Musa, studied cases similar to hers in other religions. “I discovered that this situation also exists in the Jewish community, what we call “aguna”, so I went to see the Jews. I said my situation is the same.”

During her investigation, Shirin Musa discovered that in 1982, a Jewish woman in the Netherlands succeeded in having her situation recognized by the Supreme Court as marital captivity. In turn, she took steps to obtain the same recognition: “We went to the second court and asked the judge for sanctions for every day my husband refused to grant me a religious divorce.”

Refusal to divorce: recognized as a “violation of human rights”

Shirin Musa won her case on December 9, 2010, a date she describes as “the happiest day of her life”. Her ex-husband was ordered to pay penalties for refusing Islamic divorce, and this marital captivity is recognized as “a violation of human rights”.

Encouraged by her father, Shirin Musa subsequently decided to help other women in similar difficulties. “We went to the Dutch Parliament, proposed amendments and many other legislative measures and political proposals”. Thanks to her efforts, the Netherlands became the first country to recognize “marital captivity as a human rights violation.”

“I am a voter”: persuading people to vote

Mandana Dayani, is the founder of an American organization called “I am a voter”, which aims to encourage people to vote. “I’ve lived under an authoritarian regime and I’ve lived under a democracy, and I can tell you that a democracy is worth defending,” she explains.

Her organization understands the importance of reaching out to people, where they are: “People watch sports, we’re going to partner with the NBA and be present at their finals. People go shopping, we’re going to turn stores into polling stations.”

Inclure beaucoup plus de femmes en politiqueย 

Selon Mandana Dayani, “les femmes ne se prรฉsentent pas autant aux รฉlections qu’elles le devraient”. Au travers de cette constatation, elle souhaite “faire comprendre aux gens quelle est l’opportunitรฉ pour eux d’avoir un impact” en allant voter et en se prรฉsentant aux รฉlections. Elle cite la Pologne, oรน les femmes ont pu “rรฉรฉcrire les rรจgles en รฉcartant les leaders conservateurs en se mobilisant en masse.”

Aux ร‰tats-Unis, les femmes ne reprรฉsentent que 28% des reprรฉsentants du Congrรจs. ร€ l’รฉchelle mondiale “c’est environ 26%” selon Mandana Dayani, qui dรฉnonce quelque chose “qui doit changer aussi rapidement que possible”. Mandana Dayani conlcut en disant que la dรฉmocratie “ne fonctionnera pas si la moitiรฉ de ses habitants ne sont pas considรฉrรฉs ou inclus.”

The Women’s Voice est fier d’รชtre partenaire de cette 18รจme รฉdition du โ€œWomenโ€™s Forumโ€ de Paris. Comme chaque annรฉe, lโ€™รฉvรฉnement a pour but de renforcer la prรฉsence des femmes ainsi que la mixitรฉ dans tous les organes de pouvoir de la sociรฉtรฉ.

Include many more women in politics

According to Mandana Dayani, “women don’t stand for election as much as they should”. With this in mind, she wants to “make people realize what the opportunity is for them to have an impact” by voting and running for office. She cites Poland, where women were able to “rewrite the rules by ousting conservative leaders by mobilizing en masse.”

In the United States, women account for just 28% of Congressional representatives. Worldwide “it’s around 26%” according to Mandana Dayani, who denounces something “that needs to change as quickly as possible.” Mandana Dayani conludes by saying that democracy “won’t work if half its people aren’t considered or included.”

The Women’s Voice is proud to be a partner of this 18th edition of the “Women’s Forum” in Paris. As it does every year, the event aims to strengthen the presence of women and gender diversity in all bodies of power in society.

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