Practice Guidance
Forced Marriages
Contents
- Introduction
- Legal Position
- The Impact on Children and Young People
- Motives
- General Guidelines for all Cases
- Contacts
1. Introduction
1.1 Forced marriage is an issue that is often misunderstood and misrepresented. It is often confused with arranged marriages. Forced marriage is an abuse of human rights. A clear distinction should be made between forced and arranged marriages.
1.2 Forced marriages cannot be justified on religious or cultural grounds. Every faith condemns it and freely given consent is a prerequisite of Christian, Jewish, Hindu, Muslim and Sikh marriages.
1.3 The difference between forced and arranged marriages. In the tradition of arranged marriages, the family of both spouses take a leading role in arranging the marriage, but the choice whether or not to accept the arrangement remains with the young people and can be exercised at any time. In forced marriages, one or both spouses do not consent to the marriage and some element of duress is involved. Duress can range from physical, emotional and psychological pressure to threatening behavior, abduction and imprisonment, physical violence and murder. Forced marriage is primarily, but not exclusively, an issue of violence against women. Most cases involve young women and girls but there is evidence to suggest this can also happen to young men and boys.
1.4 Some young British Nationals have travelled abroad either to visit families and for a specific event where they have found themselves in completely different, unexpected and unacceptable circumstances, including being forced into marriage under duress. Violence and confiscation of passport and air tickets have all been used to force the compliance of reluctant ‘spouses to be’.
1.5 Loving manipulation is common in many cases, where parents genuinely feel that they are acting in the best interest of child and family. They believe that they are protecting their children, building stronger families, and preserving cultural or religious traditions. This is not justified on religious or cultural grounds.
2. Legal Position
2.1 The minimum age of consent to marriage is sixteen. A person between sixteen and eighteen years of age cannot marry without the consent of their parents unless they are a widow or widower. Although there isn't a criminal offence of 'forcing someone to marry' within England and Wales a number of criminal offences may be committed including:
- Threatening behaviour
- Assault
- Kidnap, abduction and/or imprisonment
- Sexual intercourse without consent is rape
2.2 The existing legal framework offers a great deal of protection to children at risk of being forced into marriage, for example through the Children Act or the court's inherent wardship jurisdiction.
2.3 We need to tackle this problem in a wider partnership, not just with communities, but with every relevant agency. It is an issue of immense complexity that needs to be addressed from every angle
3. The Impact on Children and Young People
3.1
The implications of a forced marriage for the young person are often extreme. Isolation is a major problem. They may feel they have no-one to talk to about their situation and fear being ostracised by their community if they complain. A young person who faces a forced marriage may be withdrawn from school and may not be allowed to go out with friends or to social activities. They may feel they cannot tell anyone or seek help to escape a forced marriage, consequently they may suffer emotionally, leading to depression and self harm. In some reported cases where young people have tried to escape a forced marriage by running away, the families have solicited hired help 'bounty hunters' to find them and in a number of tragic cases the young person has been murdered.3.2 Young people forced into marriage often become estranged from their families. Sometimes they become trapped in the cycle of abuse with serious long-term consequences. Many women forced into a marriage suffer for many years from domestic violence and feel unable to leave because of their children, lack of family support, economic pressures and other social circumstances. Some victims may be vulnerable adults. They may have a disability or learning difficulty and be unable to challenge the situation.
3.3 School based staff need to be aware that a young person facing a forced marriage may face significant harm if their families become aware that they have sought assistance from school or another agency. Confidentiality must be considered paramount.
4. Motives
4.1 The following are some possible motives:
- Controlling unwanted behaviour and sexuality (including perceived promiscuity, or being gay, lesbian, bisexual or transgender) - particularly the sexuality and behaviour of women
- Protecting the family honour
- Responding to peer group or family pressure
- Attempting to strengthen family links
- Ensuring land, property and wealth remain within the family
- Debt repayment
- Alleviation of poverty
- Protecting perceived cultural ideals
- Protecting perceived religious ideals
- Preventing unsuitable relationships, e.g. outside the ethnic, cultural, religious or caste group
- Assisting claims for residence and citizenship
- Fulfilling long-standing family commitments
- Appease/placate an aggrieved family
4.2 Cases of forced marriage can involve complex and sensitive issues that should receive the attention of a worker's first-line manager and be reported to the police child abuse investigation unit (CAIU).
5. General Guidelines for all Cases
5.1 Do not:
- Treat such allegations merely as a domestic issue and send the young person back to the family home as part of routine child protection procedures
- Ignore what the young person has told you or dismiss out of hand the need for immediate protection
- Approach the young person's family, friends or those people with influence within the community, without the express consent of the young person, as this will alert them to your enquiries
- Contact the family in advance of any enquiries, either by telephone or letter
- Share information outside child protection information-sharing protocols, except in consultation with the line manager and the Child Abuse Investigation Unit. The reason should be recorded and signed
- Breach confidentiality except where necessary in order to ensure the young person's safety
- Attempt to be a mediator
Government guidance on Forced Marriages, (PDF document, 630 kb)
6. Contacts
Foreign and Commonwealth Office, Tel: 0207 008 8706
Police Child Abuse Investigation Unit, Tel: 0116 222 2222