November 25, 2008: Legislation Protects Victims Of Forced Marriage
New legislation to protect victims of forced marriage and prevent others
from the same fate has come into force. The
Forced
Marriage (Civil Protection) Act 2007 will enable courts to prevent
forced marriages and order those responsible for forcing another into
marriage to change their behaviour or face jail. It also provides recourse
for those already forced into marriage.
Justice Minister Bridget Prentice said:
'This new law is a powerful tool that will help ensure that
no-one is forced into marriage against their will and those already in such
marriages will receive protection. It is fitting that the law comes into
force on
White Ribbon Day; the ribbon is a symbol of hope and challenges the
acceptability of domestic violence. Our policies reinforce that hope and
send a clear message that we are committed to providing support and help to
victims and that violence of any kind will not be tolerated.'
The White Ribbon Campaign UK is part of the global campaign
to ensure men take more responsibility for reducing the level of violence
against women.
Under the Act, a Forced Marriage Protection Order will
contain terms that are designed to protect the victim in their particular
circumstances. Failure to comply with an order could lead to imprisonment.
Examples of the types of orders the court may make to prevent a forced
marriage from occurring are:
- to hand over passports
- to stop intimidation and violence
- to reveal the whereabouts of a person
- to stop someone from being taken abroad
The Act enables a victim or a relevant third party to make an
application for a Forced Marriage Protection Order without the court's
permission. Any other person may only apply if they obtain the court's
permission first. A relevant third party is a person (or an organisation),
specified by the Lord Chancellor who may apply on behalf of another without
obtaining the permission of the court. The Government plans to specify local
authorities as relevant third parties once the necessary safeguards are in
place and this is expected to take effect at a later date. Until then
anyone, including local authorities will still be able to apply for a forced
marriage protection order on behalf of a victim of forced marriage with the
leave of the court.
The Act supports and has been made possible by the work of
the Home Office and Foreign Office's joint Forced Marriage Unit and the many
voluntary and charitable organisations that provide support. The joint FCO/Home
Office Forced Marriage Unit was launched in January 2005 as the UK's
'one-stop shop' for developing government policy on forced marriage, co-ordinating
outreach projects and providing support and information to those at risk.
Shaminder Ubhi, Director of the Ashiana
Network said:
'We very much hope that the Forced Marriage Act will be of
value to those at risk of forced marriage; the measures have been put in
place to enable people to seek protection through court orders and we hope
this will help prevent forced marriages and assist those already forced into
marriages. Understandably, not all people will want to seek legal redress
but certainly this Act sends a clear message that forced marriage will not
be tolerated and perpetrators will be held accountable.'
Importantly, the Act gives the courts discretion to deal
flexibly and sensitively with the circumstances of each individual case. It
employs civil remedies that offer protection to victims without
criminalising members of their family.
Following public consultation, the Government is also publishing today
statutory guidance setting out the strategic responsibilities of agencies in
England and Wales who may be involved with handling cases of forced
marriage.
Alan Campbell, Home Office Minister said:
'We are determined to do all we can to support victims of
forced marriage, prevent others from becoming victims and provide police and
other agencies the tools and powers they need. We are bringing into force
statutory guidance for agencies such as the police, education professionals
and health and social workers which pull together existing guidelines on how
to recognise and handle cases of forced marriage.
'We have consulted with all agencies that have a duty to safeguard children
and adults to bring together this guidance and we are confident that it will
improve the support we can provide to victims of this appalling practice.'
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