Forced Marriage
Forced Marriage Unit
Forced Marriage – what are we talking about?
A marriage conducted without the valid consent of
both parties where duress is a factor.
A person knows when they are being forced into a
marriage against their will – that must be the starting
point.
A Choice by Right (June 2000)
Who is affected?
• 1735 instances where the FMU have given advice or support related to a
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possible forced marriage in 2010
86% involved female victims and 14% involved male victims
Countries of origin: Pakistan (52%), Bangladesh (10.3%), India (8.6%),
Turkey (1.7%), Iran (1.3%), Iraq (1.2%), Afghanistan (1%), other known
countries (9.3%). 14.6% of cases solely linked to the UK or of unknown origin
70 instances (4%) involving those with disabilities (50 with learning
disabilities, 17 with physical disabilities and 3 with both) were brought to the
FMU’s attention.
36 instances (2%) involved victims who identified as LGBT.
469 cases of forced marriage, including both assistance and immigration
cases, where active assistance was given by the FMU (240 assistance,
229 reluctant sponsors).
• This is not fully representative of the problem.
Forced marriage exists in
other communities (e.g. Eastern European, Iranian, Afghani) and we will
continue to work to raise awareness.
Why do forced marriages happen?
Why do forced marriages happen?
•
Controlling unwanted behaviour and sexuality, particularly
that of women, and preventing ‘unsuitable’ relationships.
• Peer group or family pressure.
• Protecting perceived cultural or religious ideals.
• Attempting to strengthen family links.
• Family honour or long-standing family commitments.
• Ensuring land remains within the family.
• Assisting claims for residence and citizenship.
• Providing a carer for a disabled family member / reducing
the ‘stigma’ of disability.
Scale of the problem: 2010 Figures
3%
3%
9%
14%
5%
1%
4%
2%
9%
14%
21%
Who are we?
• FCO offering consular assistance since 1999.
• Home Office Working Group set up in 2000 - “Multi-cultural
sensitivity is no excuse for moral blindness” (Home Office Minister)
• Forced Marriage Unit established in 2005.
• FMU is now the Government’s one-stop shop for:
• Developing effective Government policy
• Awareness raising
• Casework
– Domestic
– Consular
– Reluctant Sponsors
How can we help?
How do we learn of a case?
• An individual contacts us in UK or at Post overseas fearing or fleeing a forced
marriage
• A third party contacts us on behalf of an individual at risk
• An individual has already been forced into a marriage and wishes to prevent
the spouse coming to the UK
What do we do in the UK?
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Reassure confidentiality
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Provide support, information and contacts (lawyers, social services, refuges,
counsellors, voluntary organisations)
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Arrange safe accommodation in UK
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Work with UK Border Agency to prevent entry clearance or have
individuals removed from the UK.
•
Work with police, social workers, teachers, welfare officers, health
professionals and others in UK to protect people at risk
How can we help?
What do we do overseas?
• Liaise with posts and NGOs overseas
• Speak to individuals alone
• Help them to get to High Commission/Embassy
• Arrange safe accommodation overseas
• Organise repatriation - and rescues in extreme cases
• Organise emergency flights and travel documents with safe pick-up
and transport from airport
Some general principles
•Confidentiality
•“One chance rule” – take it seriously, make it your
problem
•Existing duties and responsibilities
•Capacity
•Risk Assessment
•Activate multi-agency procedures
•Preventative information if victim travelling overseas
•Consult with Forced Marriage Unit
Challenges for practitioners
• Concern around cultural sensitivity
• Lack of understanding and awareness of issue and risk
• Underground issue - reluctance of victims to come forward
• Confidentiality & resourcefulness of perpetrators
• Complexity - requires a multi-agency response
• International dimension - unsure how to react
• The Children’s Act 1989 - required to fix problems through
family, leads to mediation
• Risks to victims does not end.
Indicators of forced marriage
Mediation
• Mediation, reconciliation, and family counselling as a response
to forced marriage can be extremely dangerous.
• There have been cases of people being murdered by their
families whilst mediation was being undertaken.
• Never allow the victim to have unsupervised contact with their
family – even if they request it.
• If the victim wishes to go home or talk to their family, explain all
the risks of this course of action and put in place a strategy to
monitor their ongoing safety.
Criminalising forced marriage
In 2005, the Government carried out a national consultation on whether
or not to introduce a specific criminal offence for forced marriage.
• The majority of respondents felt that the disadvantages of new legislation
outweighed the advantages.
• Many worried that criminalising forced marriage would force the issue
underground.
• Victims of forced marriage are often unwilling to take action against their
parents, and many respondents felt that the legislation would not be
used.
• Many of the actions taken to force someone into marriage already include
criminal offences
The Government decided not to introduce specific legislation in June
2006.
Forced Marriage (Civil Protection) Act
• In effect from 25 November 2008.
• Courts have power to make Forced Marriage Civil Protection Orders
– 293 orders taken out between Nov 2008 and Feb 2011.
• Breach of an order would not itself be a criminal offence, but would
be a contempt of court. Courts would have the full range of
sanctions available to them, including imprisonment.
• Enables people to apply for an injunction at the county courts, rather
than just the high courts.
• Enables third parties to apply for an injunction on behalf of
somebody else .
• Prohibit, or restrict behaviour or conduct; surrender travel
documents; relate to conduct inside or outside of England and Wales
• Allowed Statutory Guidance on FM to be issued to agencies.
HM Government Multi-Agency Practice Guidelines
• Police, Social Care, Health, Education and
Housing Professionals
• Best practice guidance – covers UK &
overseas
• Detailed step by step guidance for each
practitioner field
• Published as single volume on 2 July –
Updated to complement statutory guidance
and replaces previous single agency
guidelines
Finally…when working with victims of forced marriage
Remind them that they have rights:
Right only to enter into marriage with their full and free consent
Right to make decisions about their life and their own bodies
Right to education, freedom of movement, freedom of thought
Remind them that they have choices:
To go through with the marriage
To avoid the marriage by fleeing their family
To remain with the family and try to resolve the situation (this does not
usually work and can place them in danger)
To seek legal protection
Refer to FMU and support agencies
Further information
• Please contact:
– [email protected]
– 020 7008 0151
• www.fco.gov.uk/forcedmarriage
• E learning: Online resource to give frontline professionals as
basic understanding of forced marriage, how cases present and
appropriate responses - www.fmelearning.co.uk