Fuss over a religious marriage of minors

15 May 2013 Posted by Wibo van Rossum

A small but maybe evolving to a large stir in the polder of Dutch legal culture and its relation to ethnic and religious minorities: The organization ‘Femmes for Freedom’ aired in a national newspaper that the Amsterdam police and the organization Fier Fryslan helped to arrange an Islamic religious marriage between a young Pakistani girl and boy. The case, as far as can be reconstructed from the newspaper article, was that the girl was promised to marry a cousin in Pakistan, but she fell in love with a local guy. This resulted in a clash with her parents, with (threats of?) violence toward the girl who was subsequently (with help of police) brought to a women’s shelter.

Negotiations then began, of which the result was that the parents agreed to a religious marriage with the local guy, so that they had a ‘valid argument’ for the cousin in Pakistan. During a workshop organized by the Ministry of Social Affairs on ‘Honour and Freedom’ the police and Fier Fryslan presented the case as a ‘success story’.

The newspaper cites one person, lawyer Ellie van den Brom who is experienced with ethnic minorities family legal issues, who agrees with the pragmatic solution for the dilemma of ‘either break with your family and get a new identity’ versus ‘negotiate for a pragmatic solution’. Others were ‘flabbergasted’ and ‘fell off their chair when they heard about it’. Their reactions are telling for the polarized discourse in this: ‘a woman in a religious marriage hardly has any rights’, there is a ‘danger of being locked up in the marriage because if a man does not agree with a divorce then you will never get rid of him’, and ‘a religious marriage leaves a woman without any rights’. The girl moreover – the tendency in the article is – probably did not know what she did.

Apart from this, the accusation was that the police broke the law because they aided in the religious marriage. In Dutch law however, only a person with a certain religious status who concludes the marriage, acts illegally (art 449 of the Criminal Law says “de bedienaar van de godsdienst” i.e. the servant of a religion).

And without being too cynical: Let us not forget the possibility that the girl will be killed anyway, married or not.

His name was Nadir …

10 January 2013 Posted by Wibo van Rossum

This is how far the Netherlands have drifted from what was once a relatively easy going, relaxed, tolerant society: a son of a Dutch-Turkish father and a Dutch mother was given a beautiful name at birth. I guess his name is Nadir, meaning ‘rare’. Born in 1995. At primary school however, he is reproached for his name by his peers. Called a foreigner and a Muslim. Same in high school. The guy in the mean time learned that having a name like ‘Nadir’ in Holland won’t get you into a job easily. So he wants to have his name changed.

His parents (because he is a minor) ask the court for a name change. They understand their son. They are realistic, and have to agree with him, regretfully. The court stresses the principle of equality of all citizens in the Netherlands and says that ‘names should not matter’ in a multicultural society. However, the court is realistic too, and is convinced by the stories of the parents and of Nadir himself. The judge allows for the change of name.

So now the guy is called … ? Jan? Koen? … What a pity.

See the court decision in Dutch.

Protesting Dutch judges

16 December 2012 Posted by Wibo van Rossum

This does not happen often in the Netherlands: judges protesting against their workload and the increasing urge for efficiency. According to NRC (in Dutch), judges from the court of appeal in Leeuwarden have written a manifesto that is discussed internally. The judges complain that the quality of their work hardly receives any attention, while there is an increasing tendency to just look at the number of cases processed. The need to do ‘production’ replaces the need for attention to individual cases and legal quality.

In a first reaction the Council for the Judiciary agreed. “We share the concern”, they said.

To be continued …

Prosecuting judges

9 November 2012 Posted by Wibo van Rossum

The Dutch media and legal profession has been filled and occupied for some years already with the info on two lying retired judges in the so-called Chipshol case about an area of land near Schiphol airport. Today the prosecution said they deemed ‘lying about their intimate friendship’ proven beyond doubt, and asked for a suspended sentence of four and two months respectively, plus a community work sentence for both.

As far as anyone knows, this is the first time ever that judges are prosecuted in the Netherlands.

See NRC (in Dutch only).

Alevi cemevi

8 November 2012 Posted by Wibo van Rossum

On 27 October the first privately owned cemevi of the Alevi community in ‘t Gooi in the Netherlands was officially opened. The mayor was there, members of the board of the Alevi Federation Hak.Der were there, and further lots of local people (and nice music and food).

See the coverage of the local newspaper (in Dutch).

‘Netherlands not a suitable country for orthodox Jews anymore’

18 October 2012 Posted by Wibo van Rossum

The Netherlands will cease to be a suitable country for orthodox Jews when current plans to check and control the process of ritual slaughter, says chief rabbi Aryeh Ralbag. Ralbag reacts to the new covenant between religious groups and the ministry. When this covenant is accepted is it is formulated right now, the civil servant who will check the process will be ‘above’ the rabbi, and this is unacceptable.

The ministry says it takes the complaints seriously. The rabbi will be invited for a talk.

See in Dutch the NRC.

Finally: Research on stereotypes in police practice

16 October 2012 Posted by Wibo van Rossum

Independent researcher Sinan Çankaya did participant observation among street worker policemen in Amsterdam and had interviews and talks with them while smoking and drinking coffee. He wanted to find out if the Dutch police is the same as police elsewhere, picking out the black guys walking hooded on the streets to ask for their ID’s, stopping the Surinam men who drive in fancy cars etcetera. And yes, Çankaya found they are exactly the same. Reassuring on the one hand (Dutch policemen act like police in other countries), painful on the other (Dutch policemen act like police in other countries!).

Police so far reacted okay. “This is painful, but we need the discussion. We have to learn to select criminals based on what they do, on their deviant behaviour, not on what they look like.”

Hmm. Gee.

The research will be published later this year. Unfortunately only in Dutch. But just check the foreign books on the topic and you will know how Dutch policemen act .. ;)

Vids of the Religare seminar

10 October 2012 Posted by Wibo van Rossum

Via this link you can watch the video’s recorded at the Religare Expert seminar on Unregistered Marriages and Alternative Dispute Resolution in European Legal Systems, held on 4 September 2012 in London. You can see the programme and then select the sessions and speakers you would like to hear.

NL in a state …

28 September 2012 Posted by Wibo van Rossum

Project X is all around and the Netherlands is in a state of shock. Last weekend there should have been a party in the small town of Haren in the province of Groningen. A small private party at first, posted on Facebook. Then because of publicity, the party was hijacked by project x. It then became large.

Last Friday, thousands of youth gathered in Haren to party. But there was no party … So then better start a riot, that is to say: start to destroy whatever it is you can get your hands on. Result is more than a million in € damages.

 

 

 

 

 

 

 

 

 

 

Foto ANP / Catrinus van der Veen

Soon the ‘explanation and understanding machine’ started running. ‘Bored youth’; ‘the continuation of violence like at fairs in the old days’; ‘criminals’; ‘unconnected mayor and police that did not know how to handle this facebook event’; ‘just like the Arab spring, but here the violence was just for fun’; ‘an effect of media attention’; ‘the youth knew what was expected from them, so they lived up to the image’; one small flock of snow that thanks to social media turned into an avalanche.

Social media: Alle Menschen werden Brüder. Let’s riot together.

new alevi cem evi

13 August 2012 Posted by Wibo van Rossum

On Friday I had a meeting in the city of Huizen. The alevi community has been able over the last years to gatber enough energy and money to build their own meeting house from scratch. The building really is nice and large. The official opening will be on 27 October, with the mayor holding the opening speech. Really a great accomplishment for the Dutch alevis and a gain for Dutch culture.

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