forced marriage grace.thangasamy@uts.edu.au 02 9514 1715... · 2018-04-26 · reasons for forced...

Forced marriage

Grace.Thangasamy@uts.edu.au

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