identifying and responding effectively to suspected cases of forced marriage

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Identifying and responding effectively to suspected cases of forced marriage Julie Zezovska Australian Government Attorney-General’s Department

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Page 1: Identifying and responding effectively to suspected cases of forced marriage

Identifying and responding effectively to suspected cases of forced marriage

Julie ZezovskaAustralian Government Attorney-General’s Department

Page 2: Identifying and responding effectively to suspected cases of forced marriage

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.

Page 3: Identifying and responding effectively to suspected cases of forced marriage

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

Page 4: Identifying and responding effectively to suspected cases of forced marriage

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

Page 5: Identifying and responding effectively to suspected cases of forced marriage

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

Page 6: Identifying and responding effectively to suspected cases of forced marriage

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

Page 7: Identifying and responding effectively to suspected cases of forced marriage

The legislative framework

Page 8: Identifying and responding effectively to suspected cases of forced marriage

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.

Page 9: Identifying and responding effectively to suspected cases of forced marriage

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

Page 10: Identifying and responding effectively to suspected cases of forced marriage

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

Page 11: Identifying and responding effectively to suspected cases of forced marriage

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

Page 12: Identifying and responding effectively to suspected cases of forced marriage
Page 13: Identifying and responding effectively to suspected cases of forced marriage

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.

Page 14: Identifying and responding effectively to suspected cases of forced marriage

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.

Page 15: Identifying and responding effectively to suspected cases of forced marriage

Identifying forced marriage

Page 16: Identifying and responding effectively to suspected cases of 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.

Page 17: Identifying and responding effectively to suspected cases of forced marriage

Victim support and protection

Page 18: Identifying and responding effectively to suspected cases of forced marriage

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.

Page 19: Identifying and responding effectively to suspected cases of forced marriage

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

Page 20: Identifying and responding effectively to suspected cases of forced marriage

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

Page 21: Identifying and responding effectively to suspected cases of forced marriage

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

Page 22: Identifying and responding effectively to suspected cases of forced marriage

Referral pathways

Page 23: Identifying and responding effectively to suspected cases of forced marriage

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

Page 24: Identifying and responding effectively to suspected cases of forced marriage

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

Page 25: Identifying and responding effectively to suspected cases of forced marriage
Page 26: Identifying and responding effectively to suspected cases of forced marriage

Anti-Slavery Australia’s free e-learning course

www.antislavery.org.au

Page 27: Identifying and responding effectively to suspected cases of forced marriage

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

Page 28: Identifying and responding effectively to suspected cases of forced marriage

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