Forced Marriage may become a criminal offence

Plans to make forced marriage a criminal offence are expected to be announced by Home Secretary Theresa May this week.
The Government is already committed to criminalising breaches of civil Forced Marriage Protection Orders.
But the Home Office has been consulting on whether forcing someone to marry should be made an offence in its own right in England, Wales and Northern Ireland.

http://news.sky.com/home/politics/article/16242356

couldn't hurt i suppose ,don't know why it's taken so long to do anything about it

[Gary L]

Good.

What's the punishment going to be?
a fine?

[Mal]

Originally Posted by Gary L

Good.

What's the punishment going to be?
a fine?

What do you think it should be?

[Gary L]

I don't know. probably vote for the traditional fine and the 14 day discount.

[Hom3r]

Waits for the Human Rights brigade.

Originally Posted by Gary L

Good.

What's the punishment going to be?
a fine?

instant divorce

Seriously though i think the government will have a fight on their hands with it being a culture thing

I'm utterly bemused as to why this practice wasn't made illegal when it first became common knowledge. Why was this not addressed from day one? The chances of Theresa May achieving anything on this issue are remote. It makes me sick to read the reports about this. If those people who adhere to such an outdated mindset want to retain these stone age ideas, then send them to a country or culture that best befits their beliefs.

[Tezcatlipoca]

Originally Posted by Hom3r

Waits for the Human Rights brigade.

I think you're confused


It's hardly a human right to be able to force someone to get married, so I don't see why you think that the "Human Rights Brigade" would have an issue with this.

Forced marriage itself is quite clearly a violation of someone's human rights.


Hell, the official organisation of the "Human Rights Brigade", Liberty, has long been against forced marriage, and welcomed initial measures in 2007 regarding forced marriage:

Liberty welcomes new civil protections for forced marriage victims

Originally Posted by Liberty

25 January 2007

Liberty today welcomed a new Bill which will provide civil remedies for victims of forced marriage. Citing the physical and mental mistreatment, loss of liberty and other serious abuses that victims of forced marriage often face, the human rights group urged Peers to support the Forced Marriage (Civil Protection) Bill during its second reading in the House of Lords on 26th January.
Director of Liberty, Shami Chakrabarti said:

“We must shatter the taboo surrounding forced marriage – it is domestic violence which runs roughshod over fundamental human rights.

Lord Lester's ingenious Bill provides civil injunctions to protect victims. This is far more likely to tempt women to come forward than the prospect of reporting their family members as criminals."

Legendary human rights campaigner Lord Lester drafted the Private Members Bill in partnership with the Southall Black Sisters and a team of leading family lawyers. These proposals are supported by leading human rights groups, women’s rights groups and minority ethnic organisations.

Liberty stressed that Government funding for practical support and assistance for forced marriage victims would still be needed even with the successful passage of the bill.

A forced marriage is one carried out under duress without valid consent by one or both parties and should not be confused with arranged marriage, in which families play a matchmaking role but both parties marry of their own free will. Government sources show that approximately 300 forced marriage cases are reported each year to the Foreign and Commonwealth Office’s Forced Marriage Unit, but experts believe the true number is much higher.

[Russ]

Originally Posted by martyh

instant divorce

Seriously though i think the government will have a fight on their hands with it being a culture thing

Not at all. Even in the cultures you're alluding to, forced marriage is viewed by the majority as a negative thing.

Originally Posted by jempalmer

I'm utterly bemused as to why this practice wasn't made illegal when it first became common knowledge. Why was this not addressed from day one? The chances of Theresa May achieving anything on this issue are remote. It makes me sick to read the reports about this. If those people who adhere to such an outdated mindset want to retain these stone age ideas, then send them to a country or culture that best befits their beliefs.

Apparently the various governments have been worried about driving it underground

There are concerns that criminalising forced marriage altogether could deter victims from coming forward.

---------- Post added at 21:48 ---------- Previous post was at 21:44 ----------

Originally Posted by Matt D

I think you're confused


It's hardly a human right to be able to force someone to get married, so I don't see why you think that the "Human Rights Brigade" would have an issue with this.

Forced marriage itself is quite clearly a violation of someone's human rights.


Hell, the official organisation of the "Human Rights Brigade", Liberty, has long been against forced marriage, and welcomed initial measures in 2007 regarding forced marriage:

Liberty welcomes new civil protections for forced marriage victims

That's a point actually ,isn't this already covered in the human rights act and therefore no need for legislation

[nomadking]

'Duress' can(and certainly will) end up with a very wide interpretation. Things like, not wanting to disappoint your parents and 'getting somebody pregnant' could be classed as duress. There will be clear cut cases and those where although it would be widely agreed to be 'forced', it might be difficult to provide definitive proof.

Liberty seemed to be complaining about what can happen after a 'forced' marriage, even though those things could happen in a non-'forced' marriage.

Are arranged marriages classed as forced?

[Russ]

Originally Posted by martyh

Are arranged marriages classed as forced?

No, they're completely different. Nothing wrong with arranged marriages per se.

Originally Posted by martyh

That's a point actually ,isn't this already covered in the human rights act and therefore no need for legislation

The Human Rights Act is very broad and whilst it probably is covered by one or more of section 3 (Inhuman treatment), 5 (Right to Liberty) or 12 (Marriage and the family) it's probably better to have an actual law. The Human Rights Act will only come into force if someone seeks it's protection and I imagine the victims of these forced marriages do not do so for fear.

[Tezcatlipoca]

Originally Posted by martyh

That's a point actually ,isn't this already covered in the human rights act and therefore no need for legislation

I'm not sure that it could be applied in that way.

The Human Rights Act applies to public bodies. Public bodies don't force people to marry, other people do.

I guess it could be used in private actions between individuals, because Courts (as public bodies themselves) must "act in compatibility" with the HRA and the Convention, so could use the HRA in a civil judgement against someone who forced someone else into marriage... But it would surely be a hell of a lot simpler to have an actual specific law regarding it.

IANAL, etc. etc.