Understanding forced marriage protection orders in the UK

被引:2
作者
Noack-Lundberg, Kyja [1 ,2 ]
Gill, Aisha K. [1 ,2 ]
Anitha, Sundari [1 ,2 ]
机构
[1] Univ Lincoln, Lincoln, England
[2] Univ Roehampton, London, England
关键词
Forced marriage case law; coercion; consent; culture; disability; forced marriage protection orders; victim credibility; CHILD MARRIAGE; SEXUAL CONSENT; VIOLENCE; CREDIBILITY; CULTURE; WOMEN; POLITICS; VICTIM; IMPACT;
D O I
10.1080/09649069.2021.1996083
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article examines the use of Forced Marriage Protection Orders (FMPOs) in England and Wales to determine which framing narratives affect the outcomes of FMPO cases. Forced marriage is marriage without the consent of one or both parties and is legally recognised as a form of domestic violence in the UK that primarily affects women and girls; FMPOs are civil injunctions designed to prevent forced marriage and protect its victims. Although approximately 200-250 FMPOs have been granted annually across Northern Ireland, England and Wales since 2014, little is known about how the legislation functions. This study used a qualitative socio-legal approach to understand the application and interpretation of the law and the broader socio-political context that shapes this process. It analysed 33 FMPO-related judgements, finding that perceptions of culture, consent, disability and victim credibility influenced how evidence was interpreted and how forced marriage was constructed. It also examined case outcomes and found that FMPOs were breached in a substantial minority of cases and that victims with disabilities faced significant barriers to justice. The study makes a number of recommendations to ensure that FMPOs can function effectively, such as providing training for judges and legal personnel and offering greater witness support.
引用
收藏
页码:371 / 392
页数:22
相关论文
共 50 条
  • [31] How I met your mother: Mitigating forced marriage in the United States
    Imam, Maisha
    FAMILY COURT REVIEW, 2023, 61 (04) : 937 - 950
  • [32] Marriage-Related Migration to the UK
    Charsley, Katharine
    Storer-Church, Brooke
    Benson, Michaela
    Van Hear, Nicholas
    INTERNATIONAL MIGRATION REVIEW, 2012, 46 (04) : 861 - 890
  • [33] Increasing Marriage Rates Despite High Individualization: Understanding the Role of Internal Reference in Swedish Marriage Discourse
    Strandell, Jacob
    CULTURAL SOCIOLOGY, 2018, 12 (01) : 75 - 95
  • [34] The Importance of Civil Pathways to Protection Orders
    Martin, Lisa V.
    GEORGETOWN LAW JOURNAL, 2024, 113 (01) : 121 - 165
  • [35] A conceptual framework for understanding child marriage, marriage markets, and marriageability
    Melnikas, Andrea J.
    Saul, Grace
    Pandey, Neelanjana
    Gueye, Mouhamadou
    Mkandawire, James
    Diarra, Aissa
    Amin, Sajeda
    AFRICAN JOURNAL OF REPRODUCTIVE HEALTH, 2022, 26 (12): : 78 - 87
  • [36] Developing the radiation protection safety culture in the UK
    Cole, P.
    Hallard, R.
    Broughton, J.
    Coates, R.
    Croft, J.
    Davies, K.
    Devine, I.
    Lewis, C.
    Marsden, P.
    Marsh, A.
    McGeary, R.
    Riley, P.
    Rogers, A.
    Rycraft, H.
    Shaw, A.
    JOURNAL OF RADIOLOGICAL PROTECTION, 2014, 34 (02) : 469 - 484
  • [37] Honour Suicide and Forced Suicide in the UK
    Gorar, Mukaddes
    JOURNAL OF CRIMINAL LAW, 2022, 86 (05) : 308 - 326
  • [38] Understanding Arranged Marriage: An Unbiased Analysis of a Traditional Marital Institution
    Tahir, Naema N.
    INTERNATIONAL JOURNAL OF LAW POLICY AND THE FAMILY, 2021, 35 (01) : 1 - 20
  • [39] Forced marriage: an analysis of legislation and political measures in Europe
    Alexia Sabbe
    Marleen Temmerman
    Eva Brems
    Els Leye
    Crime, Law and Social Change, 2014, 62 : 171 - 189
  • [40] Are climate challenges reinforcing child and forced marriage and dowry as adaptation strategies in the context of Bangladesh?
    Alston, Margaret
    Whittenbury, Kerri
    Haynes, Alex
    Godden, Naomi
    WOMENS STUDIES INTERNATIONAL FORUM, 2014, 47 : 137 - 144