Legislation criminalises forced marriage in UK

The UK has passed legislation making it a criminal offence to force someone to marry.

A forced marriage is a marriage that takes place without the full and free consent of both parties. It is not the same as an arranged marriage where the families take the lead in selecting a marriage partner but the couple have the free will and choice to accept or decline the arrangement.

The UK Anti-social Behaviour, Crime and Policing Act 2014 makes the crime of forced marriage punishable by a maximum of seven years in prison. It makes it illegal to:

• Use violence, threats or any other form of coercion to force someone to marry
• Use deception to take someone overseas to force them to marry
• Have someone marry who lacks the mental capacity to consent to marriage
• Breach a Forced Marriage Protection Order.

The National Society for the Prevention of Cruelty to Children (NSPCC) has released an animated film to provide information for young people about forced marriage and highlight the new legislation.

The NSPCC's strategy head for minority ethnic children, Dr Ash Chand, said while the change in the law was a "huge step forward ... there is still much work to be done. Choosing a life partner is a basic human right and no religion or culture condones forced marriage. Yet, despite this, many children and young people are being coerced or even forced to do so without their consent."

Further information on forced marriage and the legislation can be found on the UK Forced Marriage Unit, ChildLine and Southall Black Sisters websites.

In New Zealand, Shakti and Shakti Youth Services are campaigning on the issue of forced marriage. Spokesperson Shila Nair says many young women who have come out of forced marriages have experienced physical, sexual and emotional abuse and further action is required.

The United Nations Convention on the Elimination of Discrimination Against Women (CEDAW) Committee's review of New Zealand in July 2012 noted concern about reports of forced marriage, and insufficient legislation prohibiting underage and forced marriage. It called on New Zealand to "take all necessary measures to combat the practice of early and forced marriages within migrant communities and to introduce sensitization campaigns in this regard."

In 2013, New Zealand Police, Work and Income, the Ministry of Education, Immigration New Zealand, Family and Community Services, and Child, Youth and Family signed an agreement outlining ways of supporting victims of marriages conducted without the valid consent of both parties and where duress is a factor.

A proposed members bill introduced in September 2013 by Dr Jackie Blue, the Marriage (Court Consent to Marriage of Minors) Amendment Bill, is currently in the ballot. This would require anyone under 18 years old wanting to marry to obtain the consent of the Family Court. (At present, 16- and 17-year-olds can marry with the consent of their parents.)

Research on forced marriage in New Zealand is available in Priyanca Radhakrishnan's 2012 Masters thesis, Unholy Matrimony: Forced Marriage in New Zealand. From the author's abstract, "[This study] documents the stories of survivors of actual and threatened forced marriage. It also records the survivors' analyses of their experiences and their recommendations for changes that may deter the practice in New Zealand. ... The views and potential contributions of eleven stakeholder agency participants in terms of addressing the issue of forced marriage are also included in this study. The study also examines relevant existing New Zealand legislation in light of the country's international obligations regarding marriage. Specific recommendations on both social and legislative reforms are provided in an attempt to promote a collaborative, multi-sector response to address the issue from the perspectives of both intervention and prevention."

Further resources - UK:

Forced marriage (Civil Protection) Act 2007

This legislation established Forced Marriage Protection Orders, which can include terms:

• To prevent a forced marriage from occurring
• To hand over passport or travel documents
• To stop intimidation or violence
• To reveal the whereabouts of a person
• To stop someone from being taken abroad

Media - UK:

Forced marriage calls to ChildLine rise, says the NSPCC, BBC News UK, 13.06.2014