Family Law

21st Century Taboo

Sadly there is increasing media coverage regarding honour killings. The stories are horrific, tragic and to many completely unbelievable.

The current statistics, that there are 12 killings a year, is likely to be only the very tip of the iceberg if the take up of the protection afforded by the Forced Marriage (Civil Protection) Act 2007 is an indicator. The Act came into force 12 months ago (25.11.08) with the anticipation of 50 applications in its first year. There has in fact been over 70 applications in the first 10 months.

Forced Marriages arise in cultures where the honour of the family overrides everything else, where in the choice between saving your daughter and upholding the family honour, family honour wins.

Forced Marriages are very different to Arranged Marriages.  In both the families of the respective spouses take the lead in making arrangements which bring the couple together but in Arranged Marriages the choice to accept the arrangement remains with the spouses themselves.  In Forced Marriages the marriage is conducted without valid consent of one or both of the parties and where duress (emotional or physical) is a factor.

The Act offers protection for those individuals who have the strength to resist what are in reality criminal actions and breaches of their human rights. The orders are flexible, potentially far reaching and intended to effect and influence protection from actions which often take place outside this jurisdiction. The orders can, unusually, depart from what we would expect of protective orders by extending to both named and unnamed individuals, the departure being necessary in the circumstances of these crimes which often involve multiple perpetrators from both the spouses families and their wider communities. 

Forced Marriages are considered by many as a Taboo subject, with fear of being criticised for failing to abide by the politically correct code of conduct which governs and restricts how we act and speak.  However, cultural acceptance does not mean ''accepting the unacceptable'' (Sir Ian Blair) and Forced Marriages are, in the words of Lord Justice Walls in the Court of Appeal, no more than sordid, criminal behaviour, the victims of which need and are entitled to our protection.