Forced Marriage in UK Law

Leading Cases
  • M (Children)
    • Family Division
    • 20 May 2015

    I merely observe that cases such as this demonstrate the continuing need for a remedy which, despite its antiquity, has shown, is showing and must continue to show a remarkable adaptability to meet the ever emerging needs of an ever changing world. I add that the use of the jurisdiction in cases where the risk to a child is of harm of the type that would engage Articles 2 or 3 of the Convention – risk to life or risk of degrading or inhuman treatment – is surely unproblematic.

  • A v A (Children: Habitual Residence)
    • Supreme Court
    • 09 Set 2013

    She had gone to the High Commission in Islamabad asking to be rescued from a forced marriage and helped to come to Scotland to live with her half-brother. The High Commission wanted to help her but felt unable to do so without the backing of a court order. Hogg J explained that she thought the circumstances "sufficiently dire and exceptional": para 10. The facts of that case were certainly not such as to require the High Court to assume jurisdiction over the child in question.

  • R (on the application of Quila and Another) v Secretary of State for the Home Department [Sup Ct]
    • Supreme Court
    • 12 Oct 2011

    The amendment had a legitimate aim: it was "for the protection of the rights and freedoms of others", namely those who might otherwise be forced into marriage. It was "in accordance with the law." It is within this question that an assessment of theamendment's proportionality must be undertaken. In Huang v Secretary of State for the Home Department [2007] 2 AC 167, Lord Bingham suggested, at para 19, that in such a context four questions generally arise, namely:

    Neither in the material which she published prior to the introduction of the amendment in 2008 nor in her evidence in these proceedings has the Secretary of State addressed this imbalance—still less sought to identify the scale of it. On any view it is a sledge-hammer but she has not attempted to indentify the size of the nut. At all events she fails to establish that the interference with the rights of the respondents under article 8 is justified.

    That is precisely what I am suggesting should be done here: it is the Secretary of State who has the responsibility for combating forced marriages in the context of immigration and who should be recognised as having access to special sources of knowledge and advice in that regard.

  • Chief Constable v YK and Others
    • Family Division
    • 06 Oct 2010

    The first is the nature of the relief given by the Act. The person to be protected (A in this case) has for most of the proceedings not sought actively to disturb the order. If, therefore, the view is taken that there is a proper basis for the court's exercise of its jurisdiction under the Act (as the police and Judge Pearce plainly and responsibly did) an order under the Act can properly be made ex parte: – see section 63D of the Family Law Act 1996 as inserted by section 1 of the Act.

  • Re B (A Child) (Habitual Residence) (Inherent Jurisdiction)
    • Court of Appeal (Civil Division)
    • 06 Ago 2015

    However, we are satisfied that the present case does not approach the very high threshold necessary to justify the exercise of the jurisdiction. The situation falls short of the exceptional gravity where it might indeed be necessary to consider the exercise of the inherent jurisdiction.

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Books & Journal Articles
  • Forced marriage as a political project
    • Núm. 51-3, Mayo 2014
    • Journal of Peace Research
    One of the most vexing contradictions about the Uganda originated rebel group, the Lord’s Resistance Army (LRA), is the fact that it institutionalized forced marriage on the one hand, while activel...
  • From an emic perspective: Exploring consent in forced marriage law
    • Núm. 51-2, Junio 2018
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    Forced marriage was criminalised in Australia in March 2013, putting the issue on the agenda of policy-makers and social service providers. Increasingly, however, it is being recognised that crimin...
  • UK Initiatives on Forced Marriage: Regulation, Dialogue and Exit
    • Núm. 52-3, Octubre 2004
    • Political Studies
    The literature on feminism and multiculturalism has identified potential conflicts between the recognition of cultural diversity and securing women's equality. Three broad approaches to this dilemm...
  • Forced marriage as a lived experience: Victims’ voices
    • Núm. 26-3, Septiembre 2020
    • International Review of Victimology
    The official response to forced marriage in the majority of European countries has been to criminalise the practice. Based on racial stereotypes and outdated Orientalist perspectives, this overlook...
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Law Firm Commentaries
  • Forced Marriages - Would You Know What To Do?
    • Mondaq United Kingdom
  • Paving the Road to Hell
    • Mondaq United Kingdom
    ...... the best of intentions in raising the age of both parties to a marriage from 18 to 21 with the stated aim of tackling the acknowledged evil of ......
  • Modern Slavery Act – Reforming The Referral System For Victims
    • Mondaq UK
    ...... current UK referral system for suspected victims of modern slavery, forced labour and human trafficking. With marches across the world's biggest ..., Global Estimates of Modern Slavery: Forced Labour and Forced Marriage, Report, 19 September 2017, [accessed 25 October 2017]. 2 Home Office ......
  • Can I Be Forced To Vaccinate My Child?
    • Mondaq UK
    ......children to receive the vaccinations would be a breach of their. human rights, MacDonald J was not in agreement. Re K (Forced. Marriage: Passport Order) [2020] EWCA Civ 190 endorses the approach. to proportionality when considering whether a potential breach of. human rights is ......
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