Last Modified 25 Jun 2012
Summary
Home Secretary Theresa May is due to outline how forced marriage will become a criminal offense in England, Wales and Northern Ireland. If this law is broken offenders face up to two years in prison. There is often a confusion between arranged marriage and forced marriage. The former has an agreement between two families including the bride-to-be and the groom-to-be. The latter happens when one side is forced into a marriage against their will. Although it is illegal in the UK to force people into marriage it still happens. In
2009 the UK had approximately 8,000 young people forced into
marriages. There was a significant difference between males and females
(15% and 85% respectively) however it is noteworthy to recognize that
males are victim to this as well. The Crown Prosecution Services (CPS) defines marriage as "A choice by right" and a forced marriage is defined as a "marriage conducted without the valid consent of one or both parties where duress is a factor." Duress can include physical, psychological, financial, sexual and emotional pressure. Victims of forced
marriage, particularly women, suffer from isolation, eating disorders,
depression, substance abuse and attempted suicide as well as other
physical and mental illnesses. Some violence in the name of so-called
honour or "honour killing" is linked with forced marriage. Both proponents and opponents of the government
proposal that forced marriage is a criminal act are concerned about whether it will be enforceable. Those who hold the view that it should be a crime in law suggest that "it will raise awareness and it will act as a deterrent -
just as it is doing in places such as
Australia, Germany, Belgium, Cyprus and Denmark." The opposition believes that to go ahead with the additional criminalization of forced marriage could deter victims, which would then lead to fewer civil
or criminal sanctions, and ultimately result in forced marriage being driven further underground. The fear that victims may not come forward cannot be underestimated.
Synthesis
Forced marriage is a clear case of human rights violations. Arranged marriages and choice marriages should be viewed as culturally relative. However forced marriage I don't believe has any significant cultural basis. As inhumane as this situation is I believe internal change is need in order for this practice truly be eliminated. The UK government is taking a paternalistic stand point by making this practice a legal crime. However as Lord Lester of Herne Hill, who introduced the Forced Marriage Bill that led to the 2008 Act "Laws work best with the mobilization of public
opinion for them; the moral acceptance by majority population is thus
important. Raising awareness about and creating a revulsion against
forced marriages is vital."
Increased awareness about forced marriage may induce the internal change needed to overcome this matter.
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