Forced Marriage
Scottish Government commissioned Hemat Gryffe, Shakti and Scottish Women’s
Aid, services that support abused women and children, to deliver training to key
professionals on the complex issue of forced marriage and its links to honour based
violence.
The key points for practice are set out below:
What is forced marriage?
A forced marriage is a marriage in which 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. Duress can include physical, psychological, financial, sexual and emotional
pressure, threatening conduct, harassment, threat of blackmail, use of deception and
other means..
It is different from an arranged marriage.
What is an arranged marriage?
o An arranged marriage is an ancient, alive and evolving tradition in many
societies.
o Family, friends and community play a role in bringing two suitable partners
together.
o The prospective bride and groom will determine when they are ready for
marriage and reject and accept presented proposals.
o The prospective bride and groom will have free choice and be the final
decision makers in the marriage.
Legislation
A forced marriage is against the law- The Forced Marriage etc (Protection and
Jurisdiction) (Scotland) Act 2011. Main provisions of the Act:o
o
To protect people from being forced to marry without their free and full
consent
To introduce Forced Marriage Protection Orders (FMPO) to protect people
from being forced to marry, or who have already been so forced, without their
free and full consent.
o
To make it a criminal offence to breach a FMPO.
Written by Eleanor Kerr, Senior Nurse – Child Protection, NHS Borders &
Anne Mitchell, Strategic Development Officer for Child Protection, ELBEG, Public Protection
Partnership Office (PPPO)
o
To enable Scottish Ministers to apply the provisions of part one of the Act to
civil partnerships.
o
To require statutory agencies to respond appropriately.
o
To clarify the authority of the sheriff court for annulling such marriages.
Why do Forced Marriages happen?
o To uphold perceived cultural or religious ideals
o To control unwanted behaviour such as alcohol and drug abuse
o To control sexuality particularly those who identify as LGBT
o Prevent unsuitable relationships before marriage.
o Strengthen family links and keep wealth in the family
o Assists in claims for residence and citizenship
o Provide spouse as a carer
o Fulfils longstanding family commitments
o Peer group or family pressure
Key Themes and Messages for Practice
o A forced marriage is a form of gender-based violence and is associated with
other forms of gender-based violence, including ‘Honour-based’ violence.
o Usually women and young girls are the victims of forced marriage but men
can be victims too. People with physical and learning disabilities may be
forced into marriage by families wanting to ensure their long term care.
Lesbian, gay, bisexual and transgender (LGBT) people are also affected.
o Faith and race should not be used as an excuse for non-intervention by
professionals.
o Practitioners may have only one opportunity to speak to a potential victim and
therefore, one chance to save a life (one chance rule).
What is Honour
o An ancient yet “fluid” concept.
Written by Eleanor Kerr, Senior Nurse – Child Protection, NHS Borders &
Anne Mitchell, Strategic Development Officer for Child Protection, ELBEG, Public Protection
Partnership Office (PPPO)
o An effective patriarchal tool: applying to men and women, but applied
differently, with penalties with breach of ‘honour’ (‘shame’) varying.
o Links the behaviour of women to the welfare of the community.
o Used to control sexuality.
o A family’s relationship to honour is defined by the (male) head of that family.
o Concept changes slower in migrant communities and is hard to challenge.
Hurdles in the name of ‘Honour’
o Victims do not realise that what they are subject to is unethical or unlawful.
o Fleeing from abuse is seen as an irresponsible act which jeopardises the
“Izzat” or “family/community Honour”.
o Women carry with them the guilt of betraying the family honour, culture and
tradition.
o Fear of isolation and ostracised from community.
o Women must obey their men including their own sons and believe in religious
leader, trust their judgement
o Victims of honour-based violence see themselves as perpetrators of wrong
doing against their families.
Key Practice Messages
o Culture, faith and tradition are not the cause of forced marriages. They are the
excuse.
o While forced marriages are arranged not all arranged marriages are forced.
o Warning Signs of Forced marriage can be subtle and invisible.
o Organisations and staff need to ask questions and investigate despite fears of
racism, cultural ignorance.
One Chance Rule
Written by Eleanor Kerr, Senior Nurse – Child Protection, NHS Borders &
Anne Mitchell, Strategic Development Officer for Child Protection, ELBEG, Public Protection
Partnership Office (PPPO)
You may only have one chance to speak to a potential victim of forced marriage
and, therefore, only one chance to save a life.
Do’s
Do not
• See the victim on her own - even if
she is accompanied by others
•
•
•
See her immediately in a secure
and private place where you will not
be overheard
Reassure her about
confidentiality (in line with your
organisation's policy) and explain that
you will not give information to her
family/friends or community
Accept what she says
•
Explain all the options to her and
their possible outcomes
•
Recognise and respect her
wishes
• 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
• Attempt to mediate with the family
• 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)
• Assess the risk she faces by
conducting an appropriate and
thorough risk assessment
• Agree a way to contact her safely (for
example agree a code word)
• Consider the need for immediate
police involvement, protection and
placement away from the family and
arrange this if necessary; this includes
any action to stop her from being
removed from the UK
• Do everything you can to keep her
safe
Written by Eleanor Kerr, Senior Nurse – Child Protection, NHS Borders &
Anne Mitchell, Strategic Development Officer for Child Protection, ELBEG, Public Protection
Partnership Office (PPPO)
• Get immediate advice from agencies
such as Shakti, Hemat Gryff , Scottish
Women’s Aid, if you are not sure what
to do
Key Practice Messages
o
Victim’s safety and confidentiality is paramount.
o
Victim’s choice is also central to providing support.
o
Victims of Forced Marriage require long term support.
o
All interventions should be risk assessed for their immediate and long term
consequences on victims safety and future life chances.
Written by Eleanor Kerr, Senior Nurse – Child Protection, NHS Borders &
Anne Mitchell, Strategic Development Officer for Child Protection, ELBEG, Public Protection
Partnership Office (PPPO)