Forced Marriage – Safeguarding Children & Young People

Last updated: December 9, 2008

1. Introduction

1.i Definition of Forced Marriage

Forced marriage is an abuse of human rights.

” Marriage shall be entered into only with the free and full consent of the intending spouses.”
(Universal Declaration of Human Rights, Article 16 (2))

Forced marriage is a marriage conducted without the valid consent of one or both parties, where some element of duress is a factor.

In 2004, the Government’s definition of domestic violence was extended to include acts perpetrated by extended family members as well as intimate partners. Consequently, acts such as forced marriage and ‘honour crimes’ (which can include abduction and homicide) now come under the definition of domestic violence.

The United Nations considers forced marriage as a form of trafficking, sexual slavery, and exploitation and is essentially an abuse of human rights.

A child who is being forced into marriage is at risk of significant harm through physical, sexual and emotional abuse. Children and young people who are the victims or potential victims of a forced marriage, whether male or female, must be safeguarded. The multi-agency focus must be prevention, protection and provision.

Forced marriage is primarily, but not exclusively, an issue of violence against females. Most cases involve young women and girls aged between 13 and 30, although there is evidence to suggest that as many as 15 per cent of victims are male. These procedures are aimed at dealing with forced marriage for a child/young person under 18 years of age.

Every major faith condemns forced marriage and freely given consent is a prerequisite of Christian, Jewish, Hindu, Muslim and Sikh marriages. Such a marriage, whether it takes place through a religious or civil ceremony, cannot be justified on religious or cultural grounds. Some parents believe that they are upholding the cultural traditions of their home country when in fact practices and values have changed.

A clear distinction must be made between a forced marriage and an arranged marriage. The tradition of arranged marriages has operated successfully within many communities and many countries for a very long time. In arranged marriages, the families of both spouses take a leading role in arranging the marriage but the choice of whether or not to accept the arrangement remains with the child/ young person. The marriage is solemnised with the freely given consent of both parties.

A marriage becomes ‘forced’ when an individual’s right to refuse a partner is disregarded, and, can be in the form of emotional pressure exerted by close family members and the extended family, or may be by threatening behaviour, abduction, imprisonment, physical violence, rape and in some extreme cases may result in murder. Some forced marriages take place within the UK with no overseas element, whilst others involve a partner coming from overseas, or a British citizen being sent abroad, quite often under the false pretence of a holiday or other family event.

1.ii Incidence of forced marriage

Around 300 cases of forced marriage are reported to the Forced marriage Unit (Joint Home and Foreign & Commonwealth Office Unit) each year. Many more cases come to the attention of the Police, Children’s Social Care, Health, Education and Voluntary Organisations. Many others go unreported. With greater awareness, the number of cases reported is likely to increase.

The majority of cases of forced marriage encountered in the UK involve South Asian families. This is partly a reflection of the fact that there is a large, established South Asian population in the UK. However, it is clear that forced marriage is not solely a practice associated with families originating in South Asia and there have been cases involving families from East Asia, the Middle East, Europe and Africa.

1.iii Motives prompting forced marriage

Parents who force their children to marry often justify their behaviour as protecting their children, building families and preserving cultural or religious traditions. Some parents come under significant pressure from their extended families to get their children married. In some instances agreements have been made about marriage when the children were very young.

Some of the key motivators and reasons underpinning forced marriage have been identified as:-

controlling unwanted behaviour and sexuality (including perceived promiscuity, or being gay, lesbian, bisexual or transgender) – particularly the behaviour and sexuality of women
protecting ‘family honour’
responding to peer group or family pressure
attempting to strengthen family links
ensuring land, property and wealth remain within the family
protecting perceived cultural ideals
protecting perceived religious ideals (which are misguided)
preventing ‘unsuitable’ relationships, e.g. outside the ethnic, cultural, religious or caste group
assisting claims for residence and citizenship
fulfilling long-standing family commitments.

While it is important to have an understanding of the motives that drive parents to force their children to marry, these motives should not be accepted as justification for denying them the right to choose a marriage partner.

1.iv The legal position

The Marriage Act 1949 and the Matrimonial Causes Act 1973 govern the law on marriage in England and Wales. The minimum age at which a person is able to consent to marriage 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).
Section 12c of the Matrimonial Causes Act 1973 states that marriage shall be voidable if “either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise”. Voidable means the marriage is valid until it is challenged by one of the parties, at which time the court can award a decree of nullity invalidating the marriage.

There is no specific criminal offence of “forcing someone to marry” within England and Wales, the practice may nevertheless result in criminal offences being committed. Perpetrators – usually parents or family members – could be prosecuted for offences including threatening behaviour, assault, kidnap, abduction, imprisonment and murder. Sexual intercourse without consent is rape.

The Crown Prosecution Service defines domestic violence as “any criminal offence arising out of physical, sexual, psychological, emotional or financial abuse by one person against a current or former partner in a close relationship, or against a current or former family member”.