Forced Marriage
What is a Forced Marriage?
A forced marriage is a marriage in which one or both spouses do not
(or, in the case of children/young people/adults at risk, cannot) consent
to the marriage and duress is involved. Duress can include physical,
psychological, financial, sexual and emotional pressure, threatening
conduct, harassment, threat of blackmail, use of deception and other
means. It is also ‘force’ to knowingly take advantage of a person’s
incapacity to consent to, or understand the nature of, the marriage.
Duress may be from parents, other family members and the wider
Community.
Forced marriage is a form of violence against women/gender-based
violence and, when children are involved, child abuse. It is associated
with other forms of domestic abuse and ‘honour-based’ violence.
What is the Difference Between Forced
and Arranged Marriage?
• Forced marriage is different from arranged marriage. In
an arranged marriage, the families of both spouses
take a leading role in arranging the marriage but the
choice whether or not to accept the arrangement
remains with the prospective spouses.
• In forced marriage, one or both spouses do not (or, in
the case of children and some adults at risk, cannot)
consent to the marriage and duress is involved.
• If families have to resort to violence or emotional
pressure to make someone marry, that person’s
consent has not been given freely and, therefore, it is a
forced marriage.
Who Might be Affected by Forced
Marriage?
• Both women and men are forced into marriage although
most cases involve young women and girls aged
between the ages of 13 and 30. However there is no
“typical” victim of forced marriage.
• Of 1,735 contacts to the Forced Marriage Unit in 2010,
14 per cent involved a male victim and 86 per cent a
female victim.
• There were 36 instances which involved victims who
identified themselves as lesbian, gay, bisexual or
transgender.
• There were 70 instances which involved people with
disabilities (50 with learning disabilities, 17 with physical
disabilities and 3 with both).
What is the prevalence of Forced
Marriage in Scotland?
•
Many cases of forced marriage, as with domestic abuse generally, go unreported.
Many of the families involved do not see the marriage as 'forced' and many victims
are unwilling to speak out. With greater awareness of the help available, the number
of cases reported is likely to increase.
•
The Forced Marriage Unit deals with approximately 300 to 400 cases of forced
marriage a year (469 cases in 2010). Until 2009, approximately ten per cent involved
people from Scotland. In 2010, this percentage was significantly less at 2.7%. The
likely reason for this is that Scottish victims are seeking advice and support from
organisations closer to home, rather than contacting the London-based Forced
Marriage Unit.
•
There is no reliable source of information which captures the 14% of cases involving
male victims of forced marriage. However, since we know that 25 cases involving
female victims make up 86% of all cases, we can estimate that in 2010-11 there were
at least four male victims.
•
Evidence suggests that for people with learning disabilities, forced marriage may
occur at a similar rate for men and women. Research also indicates that the forced
marriage of people with learning disabilities is likely to be significantly under-reported
and can differ from the way in which forced marriage presents generally.
The consequences of
Forced Marriage
• Women trapped in a forced marriage often
experience physical abuse, rape, and forced
pregnancy/childbearing.
• Many young women are withdrawn from
education. Some are taken and left abroad for
extended periods, isolating them from support.
This limits their choices which means they go
through with the marriage as the only option.
Motives behind Forced Marriage
•
Perpetrators of forced marriage often justify the practice as protecting their
children, building stronger families and preserving cultural or religious
traditions.
•
Forced marriage cannot be justified on religious grounds: every major faith
condemns it and freely given consent is a prerequisite of all religions.
•
They may believe that they are upholding the cultural traditions of their
home country when, in fact, practices and values there may have changed.
•
For adults with special needs, families may believe it is the right or only
option and may be very open about their intentions.
•
Assisting claims for UK residence and citizenship
•
Preventing “unsuitable” relationships, e.g., outside an ethnic, cultural,
religious or caste group
•
Protecting “family honour” or “izzat”
Background to Scotland’s Response to
the Issue of Forced Marriage
• The Scottish Government believes that all people in Scotland
who are eligible to marry or enter into a civil partnership have a
right to do so freely and without coercion.
• In 2009 the Scottish Government launched a consultation Forced
marriage a Civil Remedy which asked whether we should have our
own legislation to protect victims of forced marriage. That
consultation was overwhelmingly in favour of legislation and that led
in turn, in 2010, to the introduction of the Forced Marriage etc
(Protection and Jurisdiction) (Scotland) Bill.
• This Bill was passed by the Scottish Parliament on 22 March 2011
and became the Forced Marriage etc. (Protection and Jurisdiction)
(Scotland) Act 2011. This Act will provide a specific civil remedy for
those threatened with forced marriage and those already in such a
marriage. The Act received Royal Assent on 27 April 2011 and
came into force on 28 November 2011.
The Forced Marriage Act
• The Forced Marriage etc (Protection and
Jurisdiction) (Scotland) Act came into
force on 28 November 2011.
• It is supported by both statutory and
practitioner guidance. Publication of the
guidance has been aligned with
commencement and both will be available
on line.
The main provisions of the
legislation
• To protect people from being forced to marry without
their free and full consent
• To protect those who have already been forced into
marriage without consent.
• To clarify the authority of the sheriff court for annulling
such marriages
• To introduce Forced Marriage Protection Orders (FMPO)
to protect people from being forced to marry or who have
already been so
• To make it a criminal offence to breach a FMPO
• To enable Scottish Ministers to apply the provisions of
part one of the Act to civil partnerships
• To require statutory agencies to respond appropriately
Existing legislation that can be used to
protect victims of Forced Marriage
•
•
•
•
•
•
Although there is no specific criminal offence of “forcing someone
to marry” within Scotland, criminal offences may nevertheless be
committed. Perpetrators –could be prosecuted under Scottish
Common Law for offences including:
assault
unlawful imprisonment
theft (of passport)
threats to kill, abduction and murder.
Aiding and abetting a criminal offence is also prosecutable.
There are specific legislative offences in place to protect children
and deal with criminal behaviour such as child abduction, cruelty
to persons under 16 (including neglect and abandonment), failure
to secure regular attendance at school of a registered pupil and
physical punishment of children.
[
Who can apply for an FMPO
•
Courts: the court itself is able to make a FMPO on its own initiative if a
person at risk is involved in other proceedings and the court thinks that an
order should be made to protect them.
•
A victim or a “relevant third party” such as: a local authority, the Lord
Advocate and any other person specified by Scottish Ministers, may apply
without leave.
•
Section 3 of the 2011 Act enables any person, with leave of the court,
to apply for a FMPO. Section 3(3) of the 2011 Act sets out the criteria that
the court must consider in deciding whether to grant permission for such an
application.
•
However, the victim, or a “relevant third party” (RTP), namely a local
authority, the Lord Advocate and any other person specified by Scottish
Ministers, may apply without leave.
•
Local authorities will decide how best to act as a relevant third party
applying for a FMPO under this provision as with orders under other
legislation including for example, antisocial behaviour orders.
What will a Forced Marriage Protection
Order do?
• The Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act
2011 introduces a civil Forced Marriage Protection Order ( FMPO)
which can protect adults, young people and children at risk of being
forced into marriage and can offer protection for those who already
have been forced into marriage.
• Clarify the extension to sheriff courts of the existing jurisdiction of
the Court of Session in relation to the granting of declarators of
nullity, both freestanding and those linked to or associated with
FMPO applications;
• Confer on the Scottish Ministers a power, by order, to apply the
forced marriage protection order regime to forced civil partnerships;
and:
• Allow third parties to make an application for a Forced Marriage
Protection Order (FMPO) on behalf of a victim. This recognises that
victims in many cases of forced marriage feel unwilling or unable to
take action against perpetrators who may be members of their
family.
How Long will a Forced Marriage
Protection Order Last?
• An FMPO will last as long as required.
The court can order that the FMPO
remains in force for a specified period of
time, or no time can be set. If the FMPO is
not time-limited, it will remain in force until
the court recalls it.
How breach of a FMPO is dealt
with in Scotland
• In Scotland, a decision was made to make
breach of a Forced Marriage Protection Order
an automatic criminal offence, to ensure that
victims, who could be in very serious danger,
can get help from the police immediately without
having to go back to the court. This approach is
consistent with the approach taken in the
Domestic Abuse (Scotland) Act 2011 which
made breach of a domestic abuse interdict a
criminal offence.
How breach of a Forced Marriage
Protection Order is dealt with in the UK
legislation
• Currently in England and Wales breach of a Forced
Marriage Protection Order (FMPO) is not a criminal
offence. If an English FMPO was issued by the court
with an attached power of arrest, a police officer could
arrest a person who they suspect is in breach of any
provisions of the order. If the FMPO was issued without
a power or arrest the victim would have to apply to the
court for a warrant for arrest and for the person to be
brought back to court for committal where the court will
decide whether or not there was a breach, and if so,
what punishment to administer for disobeying the order
of the court.
What do staff need to do?
• Refer to the key practice messages within the
Practitioner Guidance
• Be aware of the hidden nature of forced
marriage
• Remember the “One Chance Rule”
• Ensure that whatever you do and whoever you
speak to that safety planning is paramount.
Real danger exists around forced marriage.
Good Practice - Dos
• You may only have one chance to speak to a potential victim of
forced marriage and, therefore, only one chance to save a life
• See the victim on her own
• Reassure her about confidentiality
• Accept what she says
• Explain all the options to her and their possible outcomes
• Recognise and respect her wishes
• Assess the risk she faces by conducting a thorough risk assessment
• Contact, as soon as possible, the lead responsible for forced
marriage
• Obtain full details to pass on to the lead worker and record these
safely
• Give her your contact details and/or those of a support agency such
as Women’s Aid
• Consider the need for immediate police involvement, protection and
placement away from the family and arrange this if necessary
• Do everything you can to keep her safe
• Get immediate advice if you are not sure what to do
Donts
• Send her away or let her leave without a safety
plan and follow up arrangements
• Approach her friends/family or community
unless she asks you to do so
• Approach community leaders for advice
• Share information with anyone without her
express consent (unless there is a risk of
immediate harm to her or any children or she
lacks capacity to give consent or she is unable
to give informed consent)
• Attempt to mediate with the family
Forced Marriage Guidance
• The Scottish Government has developed
Statutory and Practitioner guidance that
will support organisations to formalise their
response to cases of forced marriage and
advise them of their obligations under the
legislation.
Forced Marriage Guidance cont.
• Statutory Guidance – Chief Executives, Directors and
senior managers of persons and bodies persons and
bodies in Scotland who exercise public functions for
protecting and promoting the welfare of those at risk of
forced marriage – will be available online at:
www.scotland.gov.uk/ForcedMarriageStatutory
• Practitioner Guidance – to inform frontline practitioners
who are responsible for protecting children and adults
from the abuse associated with forced marriage – will be
available on at: www.scotland.gov.uk/ForcedMarriagePractice
• Summary Information – Summary Guidelines will be
made available in hard copy and online at:
www.scotland.gov.uk/ForcedMarriagePractice
Awareness Raising work
• Commencement of the legislation will be
supported through a programme of awareness
raising for young people, their parents, families
and the wider communities to understand a
person's right, religious or legal, to choose their
marriage partner.
• Developing public education posters and leaflets
that will raise awareness of the legislation and
the support that is available for victims.
Evaluation of the legislation
• A full evaluation of the effect of the
legislation will be carried out after it has
been in effect for at least a year to ensure
that it is providing protection to those who
need it.
• Data from that evaluation will inform any
further policy work around forced marriage
and ways in which to tackle it.
Useful Contacts Voluntary Organisations
Shakti Women’s Aid
www.shaktiedinburgh.co.uk/
Helpline: 0131 475 2399
Hemat Gryffe Women’s Aid
www.hematgryffe.org.uk/
Helpline: 0141 353 0859
Scottish Women’s Aid
www.scottishwomensaid.org.uk/
Business line: 0131 226 6606
Amina Muslim Women’s Resource Centre
www.mwrc.org.uk
Helpline: 0808 801 0301
Saheliya
www.saheliya.org.uk
Government Agencies
Forced Marriage Unit
Joint Foreign & Commonwealth Office/Home Office service
www.fco.gov.uk/forcedmarriage
Helpline: 020 7008 0151 (Mon-Fri: 9am–5pm)
Email: fmu@fco.gov.uk
For emergencies out of hours, phone 020 7008 1500 and ask for the
Global Response Centre
Foreign and Commonwealth Office
www.fco.gov.uk
British High Commissions and Embassies
www.fco.gov.uk/en/travel-and-living-abroad/find-an-embassy/
Office of the Immigration Services Commissioner
Responsible for regulating immigration advisers
http://oisc.homeoffice.gov.uk/
UK Border Agency
Enforces immigration and customs regulations and considers
applications for permission to enter or stay in the UK, and for
citizenship and asylum
www.ukba.homeoffice.gov.uk
Eileen Flanagan
Scottish Government
2011