subject: Forced Marriage Legislation [print this page] The Government has decided to tackle forced marriage through its immigration policy. But such a measure has been argued to unfairly penalise those genuine couples and only extends the misery of those who are victims.
In 2008, the minimum age at which somebody could sponsor a spouse's entry into Britain was raised from 18 to 21. Minister's argued that such an increase would prevent young Britons from being forced into marriage.
However, two years have passed and campaigners are claiming that such a policy has had no positive impact on the situation. In fact, it is claimed that there has been a detrimental impact! By increasing the required age, you are only forcing victims to be kept abroad for longer. In addition to this, those couples that are genuine newlyweds are caught in the nets of this piece of legislation.
Approximately 370 cases a year are handled by the Forced Marriage Unit with 16.5% of those cases involving victims under the age of 16. A vast majority of cases (56% on average) are linked with Pakistan. Research indicates that many teenage brides are bullied and pressured into remaining in Pakistan until they are in their 20's.
The JCWI or Joint Council for the Welfare of Immigrants is bringing an action on behalf of Amber Aguilar as a test case.
The Home Office have remarked that the increase in age was not in order to reduce numbers but based on the fact that a 21 year old may be able to resist the pressure of signing sponsorship papers better than an 18 year old could.
A spokeswoman from the Government refused to answer the question of the legislation being appealed but did remarked that: In December 2009, the High Court ruled that the policy was rational and proportionate. Our key message is that forced marriage is a form of domestic abuse, a serious abuse of human rights, and where minors are involved, a form of child abuse. It can result in people being held captive, raped, and forced to have abortions, and has been linked to honour-based violence, and in extreme cases murder.
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