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

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  • Forced marriage

    Grace.Thangasamy@uts.edu.au

    02 9514 1715

    http://www.antislavery.org.au/index.php mailto:Grace.Thangasamy@uts.edu.au

  • 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

    http://www.mybluesky.org.au/

  • ‘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

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