identifying and responding effectively to suspected cases of forced marriage
TRANSCRIPT
Identifying and responding effectively to suspected cases of forced marriage
Julie ZezovskaAustralian Government Attorney-General’s Department
Setting the scene:What is forced marriage? When a person gets marriage without freely
and fully consenting, because they have been coerced, threatened or deceived
Forced marriage is a slavery-like practice, a form of gender-based violence, and a serious abuse of fundamental human rights.
Setting the scene:Who is at risk of forced marriage? Forced marriage is not limited to any particular
cultural group, religion or ethnicity Anyone can be a victim of forced marriage,
regardless of their age, gender or sexual orientation
Often associated with domestic and family violence
Setting the scene:How prevalent is forced marriage? Limited data available Estimated 14 million girls under 18 married
globally each year Over 50 referrals to the AFP since
forced marriage was criminalised in March 2013
Setting the scene:Australian Government’s response Forcing someone to get married is a
serious crime and never acceptable in Australia
Whole-of-government strategy led by the National Action Plan to Combat Human Trafficking and Slavery 2015-19
Setting the scene:A collaborative response Funding for specialist NGOs to conduct
outreach, education and awareness-raising initiatives
Forced Marriage Community Pack, launched in December 2014
Workshops and presentations across Australia
The legislative framework
The legislative framework:Forced marriage offences It is an offence to cause a person to enter a forced
marriage or to be a party to a forced marriage. A marriage is a forced marriage if, because of the use of
coercion, threat or deception, the victim entered into the marriage without freely and fully consenting.
This definition applies: to legally recognised marriages, as well as cultural or
religious ceremonies and registered relationships regardless of the age, gender or sexual orientation of
the victim.
The legislative framework:Jurisdiction Australia’s forced marriage offences apply to
marriages which: occur in Australia (including where a person
is brought to Australia to get married) take place outside Australia where the
offender is an Australian citizen or resident
The legislative framework:Coercion, threat or deception Coercion: pressuring a person to agree to be
married
Threat: includes blackmail or threats of physical or sexual violence
Deception: tricking or misleading somebody into getting married
The legislative framework:Free and full consent Free and full consent is given when a
person wants to get married, and is able to choose if, who and when they marry
Consent may not be able to be given due to age or intellectual capacity
The legislative framework:What don’t the offences cover? Arranged marriages, which are
distinguished by consent. The sale or inheritance of a spouse, or
ongoing servitude in a marriage, which are separate crimes.
Sham marriages, though these can be arranged by traffickers.
The legislative framework:Other relevant legislation A marriage may be void if:
the consent of a party was not real, or a party was not of marriageable age
It is illegal for a person under the age of 16 or two people under the age of 18 to marry.
A person aged between 16 and 18 years of age can only marry someone aged over 18 years of age in specific circumstances.
Identifying forced marriage
Key indicators a sudden announcement of an engagement older brothers or sisters stopped going to school or were married
early family have a lot of control over the person’s life which doesn't
seem normal or necessary signs of depression, self-harming, social isolation and substance
abuse scared or nervous about an upcoming family holiday overseas spends a long time away from school, university or work does not have control over their income unable to make significant decisions about their future without
consultation or agreement from their parents or others evidence of family disputes or conflict, domestic violence, abuse or
running away from home.
Victim support and protection
The Support for Trafficked People Program Administered by the Commonwealth
Department of Social Services The Australian Red Cross has been funded to
provide case management services since 2009 National response – 24 hours a day, seven days
a week, 365 days a year.
The Support for Trafficked People Program Suspected victims are referred to the AFP for
assessment and, where appropriate, entry to the Support Program
Eligibility criteria: suspected victim of a human trafficking or
slavery-related offence, including forced marriage
Australian citizen, or valid visa holder
The Support for Trafficked People Program case management support suitable accommodation that meets the AFP’s security and
safety requirements medical treatment (through Medicare and the Pharmaceutical
Benefits Scheme, or as approved) counselling access to legal and migration advice appropriate skills development training including English
language and vocational guidance, and social support.
See www.dss.gov.au
The Human Trafficking Visa Framework Foreign nationals who are suspected victims
of forced marriage can lawfully remain in Australia and receive support services through the Support Program, when there is an Australian nexus
Recent reforms improved access to support services and outcomes for trafficked people
See www.border.gov.au
Referral pathways
How can you help someone in, or at risk of, a forced marriage? In an emergency, dial Triple Zero (000) Contact the Australian Federal Police:
131 AFP (131 237) Online reporting form:
www.afp.gov.au
Specialist NGOs
1800 RESPECT: The National Sexual Assault, Domestic and Family Violence Counselling Service
1800 737 732 or www.1800respect.org.au Anti-Slavery Australia
(02) 9514 9660 or www.antislavery.org.au Australian Muslim Women’s Centre for Human Rights
(03) 9481 3000 or www.ausmuslimwomenscentre.org.au The Salvation Army
(02) 9211 5794 or www.endslavery.salvos.org.au
Anti-Slavery Australia’s free e-learning course
www.antislavery.org.au
Ten principles:1. Understand and protect the rights of trafficked people.2. Always act to protect people’s safety.3. Negotiate informed consent.4. Provide appropriate referrals.5. Protect privacy and confidentiality.6. Provide culturally appropriate services.7. Provide professional and ethical services.8. Know how to respond to subpoenas and other requests for information.9. Know how to support witnesses in court proceedings.10. Recognise that families and children have special needs.
NGO Guidelines
Further information
Crimes Against the Person Section, Commonwealth Attorney-General’s Department(02) 6141 [email protected]/forcedmarriage
www.afp.gov.auwww.antislavery.org.auwww.mybluesky.org.au