This item was published during the term of a previous administration that ended in April 2007
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Forced marriage: a wrong not a right
05/09/2005
Communities across Scotland are being urged to talk about the hidden problem of forced marriage and consider whether legislation would be an effective way to address it.
Unlike arranged marriages, forced marriage is where a marriage takes place without the consent of both partners.
Today, in partnership with UK Ministers, Communities Minister Malcolm Chisholm launched a consultation on whether to create a specific criminal offence of forcing someone to marry.
Currently, there is no specific criminal offence relating to forced marriage within the UK and the consultation looks at the arguments for and against creating a specific offence and how legislating in this way might work.
Mr Chisholm visited Hemat Gryffe Women's Aid in Glasgow, a service for Asian, black and minority ethnic women who have suffered abuse, including forced marriage.
Mr Chisholm said:
"Forced marriage, without the consent of both partners, clearly violates the basic human rights and is fundamentally wrong.
"There is of course an important distinction between forced marriage and the cultural tradition of arranged marriage, where the choice of whether or not to accept the arrangement remains with individuals. In forced marriage there is no choice and victims, be they young women or men, can come from a range of backgrounds with their marriages taking place here in the UK or abroad.
"Here in Scotland, we can already take action against people involved in crimes associated with forced marriage, but we are asking whether people feel there should be a specific criminal offence. I am keen that we consider the benefits and the risks of a legislative response by hearing directly from those who have been affected by this issue.
"I would like to encourage local discussion on these issues and very much hope womens and victims groups, statutory agencies, community and faith organisations will get involved so that this consultation gives us a truly valuable insight into this complex issue. It's important that all voices are heard so that this consultation provides us with the opportunity, knowledge and understanding to find the right way forward."
The deadline for consultation responses is December 5, 2005. The Executive will reach a decision on the introduction of a new criminal offence after responses to the consultation have been analysed.
The Executive established the Forced Marriage Network in March 2005. This brings together the key statutory and voluntary agencies working on this issue to share expertise and knowledge and progress work in this area. The Executive is also funding focus groups to examine the issues raised by the Forced Marriage - A Wrong not a Right consultation.
The Home Office and the Foreign and Commonwealth Office launched a joint Forced Marriage Unit in January 2005. The unit undertakes policy and awareness raising projects, as well as providing practical advice to people at risk of being forced into marriage.