"Marriage shall be entered into only with the free and full consent of the intending spouse" - Universal Declaration of Human Rights, Article 16
Unfortunately, this is not always the case. There remains a perception in Scotland that forced marriage is a rarity; something that does not happen here – something that affects other people and other countries. In 2013, the Forced Marriage Unit (a joint Foreign and Commonwealth Office, and Home Office unit) gave support or advice in relation to a possible forced marriage in 1,302 cases involving 74 countries. Within the UK, the regional distribution in Scotland was 2.9%, up from 1% in 2012.
Despite this increase, it was reported recently (BBC News) that there have been no prosecutions in Scotland over forced marriage since legislation was passed three years ago.
The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 gives Scottish Courts the power to grant Forced Marriage Protection Orders (FMPO). The specific terms of a FMPO can be wide-ranging and can vary from taking a protected person to a place of safety, refraining from violent or threatening conduct, or submitting passports and birth certificates. It is important to note that FMPO do not have to be sought by the individual themselves; they can also be sought by concerned neighbours, friends or the Local Authority.
Since the legislation in Scotland came into force on 28th November 2011, ten Forced Marriage Protection Orders have been granted. When considered together with the statistic that around 8000 women in the UK are subjected to forced marriages every year, it is clear that public education on the issue is exceptionally important.
Although breaching a Forced Marriage Protection Order is a criminal offence, the act of forcing a person to marry another without their consent was not itself, until today, a criminal offence in the UK. New legislation comes into force today in England and Wales making forced marriage a criminal offence for the first time. The Anti-Social Behaviour, Crime and Policing Act 2014 makes it a criminal offence for anyone to use violence, threats or other forms of coercion to force a person into marriage. This could be punishable by up to seven years in prison.
The Scottish Government voted earlier this year in favour of the law also being applied in Scotland, although no date is confirmed as yet.
Many organisations have spoken out about concerns that criminalising forced marriage may dissuade victims from coming forward. They believe that raising awareness is the key to changing behaviour.
If you wish to discuss forced marriage or other protective orders available in more detail, please contact a member of our Family Law team.
