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Legal Update: Impact of forced marriage law

In a follow-up to a recent piece on new legislation that criminalises forced marriage, Coram Children's Legal Centre researcher Catrin Gosby explores its potential impact, as well as some of its limitations.

Kirsten Anderson last month analysed the implications of a new law criminalising forced marriage, which was introduced in June (CYP Now 8-21 July). Theresa May described the law as "a further move by this government to ensure victims are protected by the law and that they have the confidence, safety and the freedom to choose". The Antisocial Behaviour, Crime and Policing Act (Commencement No. 2, Transitional and Transitory provisions) Order 2014 part 5 makes forced marriage a specific offence and punishable by seven years in prison.

The government's rationale behind this is that criminalisation sends out a message of zero tolerance. While it is vital to recognise that forced marriage is a violation of human rights, and laws may play a role in deeming which actions are unacceptable in a society, this particular piece of legislation may not be the appropriate response.

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