FAMILY LAW
There is a significant lack of clarity regarding the applicability of Bangladesh’s
corpus of family law towards the Rohingya community. Applying this body of law
towards Rohingya claimants hinges on a range of factors, including their ability to
register marriages and divorces, and subsequent access to Family Courts. There are a
number of court judgments that provide further understanding of the rights afforded
to those with officially registered marriages.20 The vast majority of family disputes
are nonetheless resolved through alternative dispute resolution (ADR) processes,
widely practiced in Bangladesh, within communities and through more structured
initiatives by non-governmental organizations and within the Courts as part of pre-trial
processes. Although the use of ADR can be more efficient and effective than formal
justice processes, the limitations of ADR can be significant, particularly in contexts
of extreme power imbalances and in the absence of equal gender representation and
participation.
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH