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An evaluation of the law surrounding forced marriages - Essay Example

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Forced Marriages Lecture Date: Introduction Forced marriages are defined as situations where a party is forced to enter into a marital relationship without their consent. Forced marriages were very prevalent in traditional Asian societies and they are still acceptable practices in the Indian sub-continent…
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An evaluation of the law surrounding forced marriages
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Download file to see previous pages Although, the government through legislation has tried to discourage forced marriages, these policy measures have been ineffective in eradicating the dehumanising practice. This difficult in ending the tradition comes from the fact that the forced marriage is deeply rooted culture in the minority groups. According to the United Nations, Forced marriage consists a violation of individuals’ human rights. Forced marriages also violate the rights of children some of whom are forced into marriages before they even reach the age of 10. Legislative response that really tries to address the problem has only been enacted recently, but they still do not provide enough cover for individuals in forced marriages or under threat of being married forcefully. In 2007, the Forced Marriage (Civil Protection) Act) was passed where victims could obtain protection orders from courts. Recently, the Conservative government has announced plans to make forced marriage a criminal offence. This paper critically analyzes legislative attempts by successive UK government to respond to the problem of forced marriages among minority groups. Secondly, it critically analyzes the proposed attempt to make forced marriage a criminal offence. ...
a Nobleman could only marry a noblewoman.1 To retain and consolidate power noble families encouraged and coerced their children to intermarry. However, with cultural advancement these practices were disappeared before any legal policy could be articulated to address the issue. Nobody envisioned that hundreds of years later a modern British society would be grappling with the problem of forced marriages. In the present and the last century, UK society made the first legal attempt to discourage forced marriage in 1949. In the Marriage Act 1949 prohibited marriages between parties below the age of 16 in section 2.2 This law was strengthened in the Matrimonial Causes Act 1973 in Section 11 (a) (ii) put the age of consent for marriage at 16. The 1973 Act also provided protection for individuals below the age of 18 requiring the consent of a legal representative3. Under the matrimonial causes act an individual aged between 16 and 18 has the right to obtain consent for marriage through a court order, if the legal representative unreasonably refuses consent4. In the 1973 Act, all matrimonial relationship must start through the free consent of both parties. In Section 12, the 1973 Act prohibits vitiating of consent by other factors like violence or pregnancy. In the 1960’s UK governments made further legal changes to address the issue as immigrant communities continued to increase their number in the UK. In 1962, the UK signed the United Nations Convention to Marriage, Minimum Age for Marriage and Registration5. The convention came into force two years later in 1964 and was adopted by the UK in 1970. Later in 1969 the UK passed the Family Law Reform Act 1969 defined a person under the age of 18 as a minor. Under this definition a minor ...Download file to see next pagesRead More
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