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2 Background to Forced Marriage
What is forced marriage?
A forced marriage is one where one or both parties are coerced into the marriage against their will and under duress. Duress includes both physical and emotional pressure, ranging from emotional pressure exerted on victims by family members, to more extreme cases involving assault, being held unlawfully captive, rape, and in some cases the threat of murder.
Forced marriage is a violation of internationally recognised human rights provisions (see Annex C) and a form of violence against women; it cannot be justified on any religious or cultural basis.
Differences between a forced marriage and an arranged marriage
A clear distinction must be made between a forced marriage and an arranged marriage. An arranged marriage is one in which the families of both spouses are primarily responsible for choosing a marriage partner for their child or relative, but the final decision as to whether or not to accept the arrangement lies with the potential spouses. Both spouses give their full and free consent. The tradition of arranged marriage has operated successfully within many communities for generations.
Prevalence
The total number of people forced into marriage in Scotland or indeed the UK is not known as cases are under reported, however, the UK Government's Forced Marriage Unit deals with approximately 300-400 cases a year, of which 15% involve male victims and 30% of all victims are minors. Limited information is available on how many of these cases involve Scots. In January this year the Forced Marriage Unit began to record the origin of reported incidences of forced marriage/potential forced marriage on a regional basis. During the period January to September 2008, 40 of these incidences came from Scotland.
Of these five were cases directly supported by the Forced Marriage Unit, nine were reluctant sponsor (immigration) cases and 26 were calls relating to a specific incident or suspicion (including referrals to other agencies).
Much of what we know today about forced marriage was first brought to light in the UK Working Group on Forced Marriage's report - A Choice by Right (1999), this consultation references that report.
We know that forced marriages take place both in the UK and abroad, and victims come from a range of communities; although many cases involve people of Pakistani, Bangladeshi and Indian origin, other cases involve people with origins in the Middle East, East Asia, Africa, South America and Eastern Europe.
Motives behind forced marriage
Some of the key motivations behind forced marriage include peer group or family pressure, the attempt to strengthen family links, protecting perceived cultural and religious ideals, preventing what were regarded as unsuitable relationships, family honour, long-standing family commitments and an attempt to control female behaviour and sexuality.
Parents who force their children to marry often justify their behaviour as building stronger families and protecting cultural or religious traditions - they do not see anything wrong with their actions. Family honour is a significant factor - motivating the behaviour of many parents. In some instances, agreements are made about marriage arrangements when the prospective spouses are very young, well below the age of consent.
Victims of forced marriage often describe the pressure from other family members, both on them and their parents. Many also describe how a relationship deemed 'unsuitable' by their parents has been the catalyst for marriage arrangements being made for them.
The consequences of forced marriage
The consequences of forced marriage can be devastating to the whole family. Young women forced into marriages often:
- become estranged from their families and wider communities;
- lose out on educational opportunities as they are taken prematurely from school;
- suffer domestic abuse;
- have a high rate of self-harm and suicide rates.
Scottish research
Over the last few years there have been two pieces of qualitative research undertaken looking at forced marriage in Scotland. These are:
- The Report of the Incompatible Marriages Project - Council of British Pakistanis (Scotland) ( Incompatible Marriages Project, 2004);
- Right to Choose? Research into Domestic Abuse and Forced Marriages within Black and Minority Ethnic Communities in Glasgow ( G. Avan, N. Bakshi F. Chaudhry & H. Ghatorae, 2005)
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