Amy Rowe and Samuel Isaac discuss forced marriage in The Times
Amy and Samuel’s article was published in The Times, 5 December 2024, and can be seen here.
Changes to international laws on travelling 'child brides' have consequences for UK nationals and residents
The news of a bill submitted to the Iraqi parliament that, if passed, would reduce the marriageable age for females from 18 to nine can only be a retrograde step for female rights. This would be a tragic development and there’s widespread concern that it would inevitably lead to an increase in forced marriage, child rape and exploitation. However, it would be wrong to think that individuals at risk are limited to females or those in Iraq.
In recent years, a number of countries have banned marriages between those under the age of 18, including in England and Wales. Before our law changed in 2023, it was possible to marry/enter a civil partnership at the age of 16 with parental consent.
However, this problem persists because forced marriages are often arranged by families and victims are ofttimes forced to marry abroad, including in countries where children can legally be married. According to their own statistics, there were 283 referrals to the UK’s Forced Marriage Unit last year. Forced marriage is a criminal offence and is when a person is married against their will, taken overseas to force them to marry, or married under the age of 18. In this jurisdiction, any marriage with a minor will be a forced marriage, irrespective of whether the child believed they were coerced or not.
In England and Wales, robust measures can be put in place to prevent forced marriage or to help those who have already been forced into marriage, including Forced Marriage Protection Orders (FMPO). FMPOs can include orders to prevent a forced marriage from occurring, orders prohibiting intimidation and violence, requirements for named individuals to hand over passports and/or disclose the whereabouts of a person at risk, and orders to prevent travel abroad or to require the return of someone who has been taken abroad.
Nevertheless, it is striking that conviction rates for this crime are concerningly low. In the first quarter of 2024, the CPS convicted only 53% of those charged with forced marriage, and cases are higher than reported - either because survivors don't realise they have been forced to marry, are scared to report, do not want to get family members in trouble and/or risk being ostracised.
It is important to understand that forced marriage is not the same as an arranged marriage – the former takes place without the full and free consent of one or both parties. As a society, we need to ensure that people of all ages understand what constitutes a forced marriage and what protections are available because, although we can’t change the laws in Iraq, we can do much more to ensure persons in this country are protected to marry whomever they choose.
Read the full article here [subscription required]: There is still work to do in tackling forced marriage (The Times)
