What is a forced marriage
A forced marriage is where one or both people do not (or in cases of people with learning disabilities or reduced capacity, cannot) consent to the marriage as they are pressurised, or abuse is used, to force them. It is recognised in the UK as a form of domestic or child abuse and a serious abuse of human rights.
Most cases of forced marriage involve girls and young women although victims can be of any age and be male. The legal minimum age for marriage is 18, however there is provision for marriage between the ages of 16 and 18 with parental consent. Child marriage is a formal marriage or informal union where one or both people are under the age of 18. Child marriage, is considered to be a form of forced marriage as one or both parties are not sufficiently mature to make an informed decision about a life partner and cannot give, free and full consent to marry. forced marriage is not the same as an ‘arranged marriage’. In an arranged marriage, the choice of whether or not to accept the arrangement ultimately is with those due to be married.
What does the law say about it
The
Anti-social Behaviour, Crime and Policing Act 2014, Section 121, made it a criminal offence in England, Wales and Scotland to force someone to marry. This includes: taking someone overseas to force them to marry (whether or not the forced marriage takes place); or marrying someone who lacks the mental capacity to consent to the marriage (whether they are pressured to or not). The offence carries a maximum penalty of seven years imprisonment.
The court can make a
Forced Marriage Protection Order (FMPO) under the Family Law Act 1996 (as amended by the forced marriage (Civil Protection) Act 2007). An FMPO protects a person from any attempt to be forced into marriage, being forced into a marriage and those who have been forced into a marriage. The order can also demand that perpetrators stop any intimidation, reveal the victim's location and hand over passports ,otherwise they could face imprisonment. Breach of a FMPO carries a maximum penalty of five years.
What are the key motives associated with forced marriage
The key motives associated with forced marriage include:
- controlling unwanted behaviour (from those being forced to marry) such as, alcohol and drug use, wearing make-up or behaving in, what is perceived to be, a westernised manner; unwanted sexuality (including perceived promiscuity, or being lesbian, gay, bisexual or transgender) - particularly the behaviour and sexuality of women
- preventing ‘unsuitable’ relationships, such as outside the ethnic, cultural, religious or ‘caste’ group
- protecting perceived cultural ideals. Protecting perceived religious ideals which are misguided protecting ‘family honour’ or ‘izzat’
- responding to peer group or family pressure, attempting to strengthen family links. Long-standing family commitments
- achieving financial gain, ensuring land, property and wealth remain within the family. Assisting claims for UK residence and citizenship
- ensuring care for a child or adult with special needs when parents or existing carers are unable to fulfil that role
What are potential warning signs or indicators of forced marriage
The potential warning signs or indicators of forced marriage include:
- Education: absence, request for extended leave, home education; failure to return from visit to country of origin; surveillance by family; deterioration in behaviour, achievement or punctuality.
- Health: self-harm; attempted suicide; eating disorders; depression; female genital mutilation; pregnancy, being accompanied to doctors appointments.
- Police involvement: other siblings reported missing; domestic violence; threats or attempts to kill or harm.
- Family history: siblings forced to marry or married young; self-harm or suicide of sibling(s); death of a parent; missing and running away from home; unreasonable restrictions (physical and financial).
- Employment – poor performance or attendance; inflexible working arrangements; not allowed to work, accompanied to and from work.
What should practitioners do
Practitioners should become familiar with the potential motives and warning signs and indicators associated with forced marriage. If there are risks associated with forced marriage, the practitioner should always take the issue seriously and recognise the potential risk of very significant harm to the victim.
Practitioners must not:
- send the victim away or dismiss the allegation of forced marriage; inform the victim’s family, friends or members of the community that they have sought help
- attempt to initiate, encourage or facilitate family counselling, mediation or reconciliation
- persuade or send the victim back to their family where the victim has expressly said thy cannot return
- assume there is someone in the family who will protect the victim, even if the victim has indicated there is such a person
- assume that it is a ‘cultural issue’
Where information suggests that a child or young person under the age of 18 is at risk of being forced to marry, practitioners must contact Duty and Advice Team immediately, who in partnership with the Police may undertake a Section 47 Enquiry (safeguarding).
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