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) consentto the marriage and duress is involved. Duress can include physical,psychological, financial, sexual and emotional pressure, threateningconduct, harassment, threat of blackmail, use of deception and othermeans. It is also ‘force’ to knowingly take advantage of a person’sincapacity to consent to, or understand the nature of, the marriage.Duress may be from parents, other family members and the widerCommunity.

Forced marriage is a form of violence against women/gender-basedviolence and, when children are involved, child abuse. It is associatedwith 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.

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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 OrganisationsShakti Women’s Aidwww.shaktiedinburgh.co.uk/Helpline: 0131 475 2399

Hemat Gryffe Women’s Aidwww.hematgryffe.org.uk/Helpline: 0141 353 0859

Scottish Women’s Aidwww.scottishwomensaid.org.uk/Business line: 0131 226 6606

Amina Muslim Women’s Resource Centrewww.mwrc.org.ukHelpline: 0808 801 0301

Saheliyawww.saheliya.org.uk

Government AgenciesForced Marriage UnitJoint Foreign & Commonwealth Office/Home Office servicewww.fco.gov.uk/forcedmarriageHelpline: 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 Officewww.fco.gov.ukBritish High Commissions and Embassieswww.fco.gov.uk/en/travel-and-living-abroad/find-an-embassy/Office of the Immigration Services CommissionerResponsible for regulating immigration advisershttp://oisc.homeoffice.gov.uk/UK Border AgencyEnforces immigration and customs regulations and considers applications for permission

to enter or stay in the UK, and for citizenship and asylumwww.ukba.homeoffice.gov.uk

Eileen Flanagan

Scottish Government

2011