Council backs action against forced marriage

Date published: 18/02/2005

Help and advice is on offer for anyone who faces being forced to marry against their will. Next week, Rochdale Area Child Protection Committee launches advice for anyone working with young people and children. Staff working across a range
of services in Rochdale borough have recently received training so they are able to help.

At a launch event at Rochdale town hall, the effect of forced marriage will be discussed, including one 'survivor's story'. Forced marriage is a marriage conducted without the valid consent of both parties, where some element of duress is a factor.

This is different from an arranged marriage, which is a respected tradition in many cultures. This protocol is not about arranged marriages. The tradition of arranged marriage has operated successfully within many communities and many countries for a long time and remains the preferred choice of many young people.

An arranged marriage is one where the families of both spouses take a leading role in arranging the marriage, but the choice whether to accept the arrangement remains with the individuals. A forced marriage is conducted without the consent of both parties, where duress is a factor.

According to the Universal Declaration of Human Rights, "Marriage shall be entered into only with the free and full consent of the intending spouses"So, when does an arranged marriage become a forced marriage?

"A person knows when they are being forced into marriage against their will - that must be the starting point" (Young woman: Leicester)

Although there is no specific criminal offence of 'forcing someone to marry', within England and Wales there are crimes that may be committed when forcing someone into marriage. These include common assault; harassment; cruelty to persons under 16; failure to secure regular attendance at schoolof a registered pupil; theft (i.e. passport), child abduction; abduction of
unmarried girl under the age of 16 from parent or guardian; abduction of a woman by force or for the sake of her property; aiding and abetting a criminal offence; kidnapping and false imprisonment.

Section 12c of the Matrimonial Causes 1973 states that a marriage shall be violable if "either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise". In April 2002 a judge annulled a marriage following evidence that the woman had been deceived and frightened into marrying.

Forced marriage is a violation of internationally recognised human rights standards. Marriage shall be entered into only with the free and full consent of the intending spouses".