Forced Marriage
Also see
What is forced marriage?
There is a clear distinction between a forced and an arranged marriage. In arranged marriages the families of both parties take a leading role in arranging the marriage but the choice of whether or not to accept the arrangement remains with the young person.
In forced marriages one or both spouses do not consent to the marriage and some element of duress is involved. Demands to accept a marriage proposal can be accompanied by physical, mental or emotional pressure and violence.
Forced marriage is a form of domestic violence and abuse of human rights. Refusing to marry can place a young person at risk of murder known as “honour killing”, in which predominantly women
are killed for actual or perceived immoral behaviour, which is deemed to have breached the honour
code of a family or community.
Who is affected?
Forced marriages affect children, teenagers and adults both male and female from all races and religions. In some cases an agreement may have been made about marriage when a child is in their infancy. The majority of cases in the UK involve South Asian families. However a number of cases have arisen in Middle Eastern, Eastern Europe and African communities. Forced marriage is generally a hidden problem.
Young people may find it extremely difficult to speak out about their family members. Parent who force their children to marry often justify their behaviour as protecting their children, building stronger families and preserving cultural or religious traditions. They do not see anything wrong in their actions. Forced Marriage cannot be justified on religious grounds. Some parents come under significant pressure from their extended family to get their children married. Other justifications include:
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Controlling unwanted behaviour e.g. promiscuity or being gay or lesbian
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Protecting family honour
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Attempting to strengthen family ties
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Ensuring land, property and wealth remain within the family
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Preventing “unsuitable” relationships e.g. outside the ethnic, cultural, religious or caste group.
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Assisting claims for residence and citizenship
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Providing a carer for someone with a disability
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Legal Position
The minimum age at which a person is able to give consent to marriage in England and Wales is 16; a person between the ages of 16 and 18 may not marry without parental consent (unless the young person is a widow/widower) or consent from guardian.
Section 12(C) of the Matrimonial Causes Act 1973 states that a marriage is voidable if 'either party to the marriage did not validly consent to it, whether in consequences or duress, mistake, unsoundness of mind or otherwise'.
Currentl, there is no specific criminal offence of 'forcing someone to marry' in England and Wales.
However, perpetrators usually parents or family members, could be prosecuted for offences
including threatening behaviour, assault, kidnap, abduction, false imprisonment, harassment, child
cruelty, trafficking and, in worst cases murder. Sexual intercourse without consent is rape,
regardless of whether this occurs within the confines of a marriage.
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Risk Factors / warning signs
The factors below collectively or individually maybe an indication that a young person fears they may be forced into marriage, or that a forced marriage has taken place. Do not assume a young person is facing forced marriage simply on the basis that they present with one or more of these risk factors.
The factors below collectively or individually maybe an indication that a young person fears they may be forced into marriage, or that a forced marriage has taken place. Do not assume a young person is facing forced marriage simply on the basis that they present with one or more of these risk factors.
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It is important to build a relationship with the young person in order to assess the young person's situation and understand what action should be taken.
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What you should do?
It is important that staff of all organisations understand the difficulties that young people face in challenging a forced marriage. They are likely to have no experience of living outside the family.
They may also face rejection and harassment by the family and by the community. If you suspect a young person is going to be forced into marriage or has undergone a forced marriage you must make a referral to children's social care. It is imperative that you do not inform family members about your concerns, as there will be on going safety issues for the young person. This could put the young person in further danger of possibly being taken abroad and/or being harmed.
It is important to get as much information as possible when the case is first reported to you, as there may not be another opportunity. Information such as passport details, a confidential phone number you can reach them on, an address of where the victim will be staying (particularly if being taken abroad). Give the victim the contact details of the British Embassy in the country they will be going to.
For more information on what to do if you suspect a forced marriage is taking place please phone:
Safeguarding Children Service Tel: 024 76833443.
For schools seeking advice contact:
The PSHE & Equality Team Tel: 024 76228258.
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