Forced marriage
02 9514 1715
Anti-Slavery Australia’s Mission
Anti-Slavery Australia is dedicated
to
the abolition of slavery, servitude,
slavery-like practices such as
forced
labour and forced marriage, human
trafficking and extreme labour
exploitation.
MY BLUE SKY WEBSITE AND NATIONAL LEGAL
SERVICE
MY BLUE SKY SERVICE DIRECTORY
www.mybluesky.org.au provides searchable listings of
support services who work with individuals facing or at risk
of forced marriage in the following categories:
Accommodation
Community Outreach
Counselling and Support
Emergency
Financial Assistance
Immigration and Settlement
Legal Services
Medical and Healthcare
Research
Support for Families
Youth Services
‘Marriage shall be entered into only with the free and full consent of the intending spouses’ Universal Declaration of Human Rights, Art 16(2)
‘No marriage shall be legally entered into without the full and free consent of both parties’ UN Convention on consent to marriage, minimum age for marriage and registration of marriages, Art 1
‘Children should be protected from all forms of sexual exploitation including unlawful sexual activity’ UN Convention on the Rights of the Child, Art 34
‘A woman’s right to choose a spouse and enter freely into marriage is central to her life and her dignity and equality as a human being’ CEDAW –General Recommendation no 21, Comment Art 16(1)(b)
‘In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child should bee a primary consideration’ UN Convention on the Rights of the Child, Art 3(1)
MEDIA COVERAGE AND RESPONSE
http://www.abc.net.au/news/2015-07-17/nsw-father-of-child-bride-sentenced-six-years-jail/6627466
MEDIA COVERAGE AND RESPONSE
http://www.heraldsun.com.au/news/law-order/melbourne-man-to-be-first-person-convicted-
of-forced-child-marriage-under-federal-law/news-
story/3a7ee66efa43afa6a3ac13e8fdb6c942?login=1
Dept of Human Services & Brouker and Anor
[2010] FamCA 742
Madley v Madley [2011] FMCAfam 1007
Kreet & Sampir [2011] FamCA 22
Anthony & Kellett [2016] FCCA 3368
MISCONCEPTIONS ABOUT FORCED
MARRIAGE
Misconceptions Truth
Only happens in some religious
groups
FM occurs over a number of different
cultures and religions but is often
justified by tradition.
Only happens to girls Boys and men are also forced to
marry.
Doesn’t happen in Australia Numerous cases have been reported
within Australia.
Is a private family matter FM is a criminal offence and requires
a whole of community response.
Is the same as arranged marriage FM requires a lack of consent and is
different to an arranged marriage.
Doesn’t have a legal remedy Conduct causing an FM is an
offence, but victims can also seek to
nullify marriages or receive victims
compensation
REASONS FOR FORCED MARRIAGE
To ensure land, property and
wealth remain in the family.
Peer group or family pressure.
To prevent ‘unsuitable’
relationships, i.e. with people
outside their ethnic, cultural, caste
or religious group.
To assist claims for residence and
citizenship.
To provide a carer for children or
disabled family member.
To protect perceived religious
ideals.
To protect perceived cultural or
ideals.
To strengthen family links.
To control unwanted behaviour
and sexuality.
Poverty owing to death of a parent
can be a trigger.
WARNING SIGNS & INDICATORS OF FORCED
MARRIAGE
EDUCATION: absence from
school or university, requests for
leave, change in behaviour,
including school performance,
withdrawn, refused permission to
attend extra-curricular activities,
announcement of an
engagement.
HEALTH: self harm, suicide, mental
health issues, substance abuse,
accompanied visits to health
professionals.
EMPLOYMENT: poor attendance &
performance, financial control,
accompanied to and from work,
inflexible working arrangements.
FAMILY HISTORY: siblings forced to
marry, self harm, suicide of sibling,
death of a parent, family disputes,
running away from home,
unreasonable restrictions.
A combination of these warning signs and indicators may point towards
forced marriage:
CONTACT WITH SUPPORT SERVICES
AND LAW ENFORCEMENT: family
violence, reported for petty
criminality, threats to kill or harm,
reports of other offences.
BARRIERS TO REPORTING FORCED
MARRIAGE
• Fear of being disowned
• Fear of being ostracised from community
• Displacement or isolation,
• Fear of being found – reprisals
• Linguistic and cultural barriers
• Lack of information and access to services available to help – this is a key issue for minors
• Lack of awareness of forced marriage by those in authority
AREAS OF LAW RAISED BY FORCED MARRIAGE
Cth & VIC: Criminal Law
Cth: Family Law
VIC: Child Protection
VIC: Family violence
intervention orders
Cth: Migration
Law
REFERRAL PATHWAY – CASE STUDY 1
REFERRAL PATHWAY – CASE STUDY 1
REFERRAL PATHWAY – CASE STUDY 2
Yes to referra l AFP STPP
Governm ent / Com m un ity o rg s p rovid e supp ort
Yes to fam ily vio lence orders
Lawyer
Estab lish that m arriag e
cerem ony was p erform ed
Yes to leg a lly valid m arriag e
Lawyer re annu lm ent
No to leg ally va lid m arriag e
Yes to continued assistance to AFP
CDPP CJSV - DIBP/M in ister
No to continued assistance to AFP
Governm ent / Com m unity o rg s
PV - DIBP
Sp onsorsh ip o f p artner visa?
M ig ration Ag ent
Com pensation as victim of crim e?
Lawyer
No to fam ily vio lence orders
Referra l to M y Blue Sky / ASA
No to referra l
REFERRAL PATHWAY – CASE STUDY 2
Yes to referra l AFP STPP
Governm ent / Com m un ity org s p rovid e sup p ort
Yes to fam ily vio lence ord ers
Lawyer
Estab lish that m arriag e
cerem ony was perfo rm ed
Yes to leg ally valid m arriag e
Lawyer re annu lm ent
No to leg ally valid m arriag e
Yes to continued assistance to AFP
CDPP RSV - DIBP/M in ister
No to continued assistance to AFP
Governm ent / Com m un ity o rg s
PV - DIBP
Com p ensation as victim of crim e?
Lawyer
No to fam ily vio lence ord ers
Referra l to M y Blue Sky / ASA
No to referra l
IDEAS FOR REFORM
• Consider civil protection system applicable to all ages
• Recognition by States and Territories that this is a child
protection issue
• Stronger grounds for child protection agencies to
intervene
• Expanding grounds for intervention / family violence
orders to include explicit reference to FM
• Research to understand FM in the Australian context
• More education programs – children and parents
• Greater government & community support for victims in
the long term & those who do not follow traditional
referral pathways