Insight
Forced Marriage
When Freedom is Denied and Consent is Silenced
Mussurut Zia
Issue 21, Spring/Summer 2009
At present it is not illegal to force someone to marry, however perpetrators may be charged for associated crimes of kidnapping, false imprisonment, physical abuse and rape. However, the Forced Marriage (Civil Protection) Act came into being on November 25th 2008, which allows individuals and/or relevant third parties to apply to the courts for a Forced Marriage Protection Order.This order contains legally binding conditions and directions that require a change in the behaviour of a person or persons trying to force another person into marriage. The main aim of the act is to protect those who are most vulnerable and likely to be forced into marriage, and orders can be obtained from the courts in emergency situations to protect the individual immediately. If someone disobeys the order they can be arrested and brought to courts where the judge has a whole range of sanctions available to them, including up to two years imprisonment if found in contempt of court.
Aside from this we all have a moral and ethical duty to help those in society who are in need. Prior to the new Act, the Universal Declaration of Human Rights could be cited to help and support those who are at risk.The Declaration states
- Article 3…
- Everyone has the right to life, liberty and security of person
- & Article 16…
-
- Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family.They are entitled to equal rights as to marriage, during marriage and at its dissolution
- Marriage shall be entered into only with the free and full consent of the intending spouses
There are many types of abuse in existence throughout the world, violence against women and children, assaults, abuse of the elderly and disabled, cruelty towards animals, and much more.There are many organisations that exist in the UK and throughout the world to challenge these abuses and support those who are vulnerable and victims of such atrocities. There is an understanding of these abuses amongst practitioners, and a great deal of work is carried out all around the globe to raise awareness, to provide support and also to help perpetrators of these crimes.
However, despite all this good work, there is one type of abuse that is occurring in many parts of the world, including the UK, which is little understood. It is difficult to believe that in today’s society some communities and societies are forcing their young people into marriage, yet this is happening on a daily basis.
For many people arranged and forced marriages are one and the same thing, but there is a clear distinction between the two. In an arranged marriage, the topic of marriage is freely discussed, and prospective partners are identified and introduced.The decision to accept or reject these proposals remains with the two intending spouses throughout. Only when they have agreed do the families take a leading role in making the arrangements. A forced marriage is very different, the topic of marriage is hardly discussed, there is often only one prospective partner, the opinion of the two intending spouses is rarely sought or considered, and there is usually an element of duress.
Incomprehensible it may be, but most of the families who subscribe to this practice believe they are only doing what is right for their child.The families have a vast array of reasons for forcing young people into marriage some of which are promises made in childhood, immigration, keeping land and property within the family, maintaining cultural traditions, controlling unwanted behaviours, preventing unsuitable relationships, reducing the likelihood of sexually transmitted infections, providing a carer for a disabled person, family honour and misplaced religious beliefs.
Religion and faith are often used to justify this type of abuse, however no world faith condones forcing someone into marriage, in fact, the main religions of the world such as Christianity, (all denominations), Hinduism, Sikhism, Judaism, and Islam all condemn this practice. Islam is the faith most commonly associated with forced marriage, but its perspective towards this subject is very clear. In Islam an arranged marriage is acceptable, the consent of the woman is essential and must be obtained and any marriage which is forced is considered to be null and void.
It may be asked why young people do not do more to challenge this practice, especially if they or someone they know is being forced into marriage. Young people generally believe in their families, and do not believe that they could be harmed by them in any way. They trust their families and expect them to support them; sadly this does not happen in a forced marriage situation. Some young people object strongly and repeatedly to the proposed marriage, and are carried along in a sense of disbelief and false security. They believe that because they have made their wishes known, someone in the family will put a stop to the marriage. Quite often, this false sense of security is encouraged to the point where young people are manoeuvred into a situation they are unable to get out of.
Many forced marriages take place overseas, and for some young people going through with the marriage is the only way to return home, to a place where they are familiar with the language, and support mechanisms, where they are able to access help. For others, the issue of family honour prevents them from taking any action to help themselves or others.
The consequences for victims and potential victims are many, ranging from poor academic performance, truancy, failing to attend appointments, eating disorders, rape, self-harm and suicide. They are often unaware of where to turn for help, and think long and hard before confiding in someone. The courage required for this first approach should never be underestimated, and the response could mean the difference between life and death. Sadly many professionals such as teachers, doctors, youth workers, social workers and police officers have little or no knowledge of forced marriage and are reluctant to get involved. Young people should not be turned away, instead efforts should be made to try and identify an individual or organisation that will be able help and support the victim.
All of this demonstrates that there are measures in place which can and must be utilised firstly to help those who are victims and potential victims of forced marriage, and secondly to bring about the reduction in the number of forced marriages in the UK. In addition to the Declaration of Human Rights and the Civil Protection Order, forced marriages very often contain elements of child abuse. Child Protection guidelines also offer support and guidance for organisations and professionals who may be a little unsure in how to deal with these issues.
A new and innovative method of support and guidance is being piloted by Practical Solutions, a community organisation that specialises in raising awareness of forced marriage and honour violence. Practical Solutions recently launched the Beyond Belief Community Surgeries, which provide a drop in facility for young people, community members and professionals. A 24 hour mobile number, 07791 904 975, is available for those seeking advice in an emergency, and queries can also be made on enquiries@practicalsolutions. info and beyondbelief@practical-solutions.info. Practical Solutions also provide training and awareness raising for statutory, community, faith, and voluntary organisations, and work nationally and internationally in challenging the practices of forced marriage and honour based violence, or honour killings as it is more commonly known.
Further help is available to both those at risk and those who work with young people from the Forced Marriage Unit, who have a confidential helpline 020 7008 0151.
Mussurut Zia is the Director and Founder of Practical Solutuions
Incomprehensible it may be, but most of the families who subscribe to this practice believe they are only doing what is right for their child.