|
Written by Administrator
|
|
Wednesday, 02 July 2008 18:10 |
Forced marriage is an abuse of human rights. It is not an issue confined to any particular culture or ethnic group but transcends race, religion, nationality, ages and gender. It should not be confused with an arranged marriage. An arranged marriage is one in which family and friends bring together parties to a marriage and have a greater or lesser degree of involvement. Both partners freely and willing consent to the marriage and such marriages have a long-standing and very successful tradition.
The difference between an arranged marriage and a forced marriage is that a forced marriage is conducted without the valid consent of one or both of the parties, duress is a factor. Duress can include emotional as well as physical pressure. A clear legal and ethical distinction has been drawn by the courts between a forced marriage and an arranged marriage, a distinction which can be fine.
In the event of a forced marriage, the Matrimonial Causes Act 1973 provides that such a marriage shall be voidable (i.e. it can be set aside) on the ground that either party to the marriage did not validly consent to it. However Section 63 of the Forced Marriage (Civil Protection) Act 2007 will provide the court with a wider discretion to deal flexibly and sensitively with each individual forced marriage case. This Act received royal assent in July 2007 and it is hoped that it will be operative from autumn 2008. The Act provides a framework for the High and County Courts to make a Marriage Protection Order. This new species of Orders is designed to increase the court’s power to employ civil remedies flexibly offering protection to victims but without criminalising members of the family.
The law provides a victim of forced marriage with options to redress the legal and financial consequences of forced marriage to secure a degree of physical protection for themselves.
We at Eskinazi & Co. are experienced in working in the sensitive area of forced marriages and can advise and assist.
|
