header-logo header-logo

01 October 2009 / Jacqueline Renton
Issue: 7387 / Categories: Features , Family , Human rights
printer mail-detail

Age of consent?

Jacqueline Renton reports on the human rights’ approach to non-consensual marriage

Forced marriage is a fundamental violation of an individual’s human rights, namely the right to marry, pursuant to Art 12 of the European Convention on Human Rights (the Convention).

Women and men, young and old, healthy and disabled, are forced into marriage every year in this country.

Forced marriages are a breach of an individual’s human rights and also lead to a catalogue of other abuses of human rights—domestic violence, rape, genital mutilation and even murder—thus encompassing: Art 3 (prohibition on torture or inhumane or degrading treatment); Art 4 (prohibition on slavery or servitude and forced labour); Art 5 (right to liberty and security of person); Art 8 (right to respect for private and family life); and Art 17 (probation on abuse of rights).

With respect to murder, these “honour based” killings occur as a result of an individual “dishonouring” or “shaming” the family by refusing to marry the individual chosen for him/her or leaving the forced marriage for another, unsuitable individual.

A stereotypical example of a forced marriage is as follows:

A

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll