Teleology Behind the Prohibition of Recognition of Polygamous Marriages Under the EU Family Reunification Directive: A Critique of Rule Effectiveness

Stybnarova, Nicole

doi:10.1080/13602004.2020.1741168

Cited by 3 publications

(3 citation statements)

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“…This application of the Directive does not verify whether the rights of the additional spouse were more effectively respected by rejection or approval of the application, for instance through providing the spouse with a procedural option to rebut the presumption of involuntary marriage. The rule thus most often harmfully impacts the women who are additional spouses (Stybnarova, 2020; Naqvi, 2017).…”

Section: Case Study 1: Equality Of the Sexes And The Protection Of Women As An Aim Of Current Migration Law-making In Eu And Denmarkmentioning

confidence: 99%

“…Limiting options for family reunification with the given measures in effect curtails the immigration of certain classes of migrants, particularly Muslims (Shah, 2003), but above all the women whose equality was of concern to the legislators (Case Study 1). Moreover, the measures adopted do not result in meaningful consent (Stybnarova, 2020; Naqvi, 2017).…”

Section: Introductionmentioning

confidence: 99%

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Tokenizing and Articulating Protection of Women in Migration Law: Strategies of Exclusion in Contemporary Europe and the Nineteenth-Century USA

Stybnarova

2021

Social & Legal Studies

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This article investigates continuities in migration law-making that claims to aim at protecting women but in effect is a tokenist strategy excluding non-Western female migrants. It shows that despite developments in the legal recognition of women’s equality, present restrictions on family reunification in Western Europe, illustrated through the EU and Danish migration laws, echo law-making in the late 19th-century US, exemplified in the process of adopting the Page Act, which also introduced stricter rules for female migrants under the stated objective of protecting women. Using the social theory of articulation, the article demonstrates how legislators continuously articulate and rearticulate the wellbeing of migrant women to legitimize discriminatory migration rules regardless of how highly women’s rights are respected in law and society. The article contributes to previous feminist scholarship in migration law by showing the continuity and intentionality of the articulative practices in law-making directed at migrant women.

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Section: Case Study 1: Equality Of the Sexes And The Protection Of Women As An Aim Of Current Migration Law-making In Eu And Denmarkmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Tokenizing and Articulating Protection of Women in Migration Law: Strategies of Exclusion in Contemporary Europe and the Nineteenth-Century USA

Stybnarova

2021

Social & Legal Studies

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“…Even though there has been no research in the last 5 years on legal issues arising from notai deed, the truth of the contents of which is not the focus of the Apsotille Convention, so that the legal force of the said deed is very weak in the process of resolving disputes in transnational activities. Therefore, this research is a continuation of previous research that specifically discusses the responsibility of the notary profession for apostille documents [7]. Another study was conducted by Margaret E. Swain and Colin James Rogerson, regarding the authentication of public documents of cross-border surrogate mothers in 2020 [8].…”

Section: Introductionmentioning

confidence: 98%

Apostille Convention: Notary Profession in Transnational Document Legalization

Rismawanti,

Luth,

Hamidah

et al. 2023

Advances in Economics, Business and Management Research

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Issuance of an apostille certificate is a convenience and shortens the bureaucratic path given to the public to legalize documents to be used in digital transnational activities. The problem is that the legalization of documents that are apostille does not cover the truth of the contents of the documents which can lead to weak legal strength of documents as evidence. This study aims to analyze the issuance of an apostille certificate for notary documents that will be used by the public for transnational activities, as well as its impact on notaries as public officials. Method: this research is qualitative legal research with an analytical descriptive design. The results of the study show that there is an impact on the truthfulness of the contents of the apostille documents on their legal strength as evidence and notaries as public officials.

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Biocriminals, Racism, and the Law: Friendship as Public Disorder

Navarro

2022

Citizenship, Gender and Diversity

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This essay offers a reading of the notion of public order from a biopolitical point of view. Departing from Giorgio Agamben’s reading of the state of exception, it will be argued that public order is the legal dispositive allowing for sovereign power to disseminate in a microphysical form throughout the judicial, administrative and securitarian institutions of the state. Moreover, in a similar vein that the state of exception constitutes, for Agamben, a threshold between the order of the law and the order of life, it will be shown that public order represents a fundamental core of Eurocentric regulations of the social life of kinship, gender, and reproduction. Finally, I will contrast the biopolitics of public order, understood as a preserving force for the status quo, with Foucault’s account of friendship, understood as an ever-emerging impulse for creative forms of radical cohabitation.

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Teleology Behind the Prohibition of Recognition of Polygamous Marriages Under the EU Family Reunification Directive: A Critique of Rule Effectiveness

Abstract: She is a specialist in Private International Law and Migration Law. She combines legal analysis with critical social theory.

Cited by 3 publications

References 4 publications

Tokenizing and Articulating Protection of Women in Migration Law: Strategies of Exclusion in Contemporary Europe and the Nineteenth-Century USA

Tokenizing and Articulating Protection of Women in Migration Law: Strategies of Exclusion in Contemporary Europe and the Nineteenth-Century USA

Apostille Convention: Notary Profession in Transnational Document Legalization

Biocriminals, Racism, and the Law: Friendship as Public Disorder

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