Law Society says new forced marriage laws will help lead
culture change
The Law Society of Scotland has said that new legislation which
comes into effect on Monday, 28 November, sets out that forced
marriage is unacceptable and will strengthen the position for those
who refuse to marry without giving their consent.
John Fotheringham, vice convener of the Law Society of
Scotland's family law committee, has said the legislation will help
lead a culture change but must be accompanied by education to
ensure that the problem of forced marriage is reduced in the long
term.
Fotheringham said: "We are very pleased this legislation has
been enacted as although the incidence of forced marriage in
Scotland is low, the impact of each individual
case can be devastating.
"It is an important piece
of legislation which will have the capacity to address
the issue but we are clear the law alone will not be
sufficient to reduce instances of forced marriage. A
proactive approach of educating potential perpetrators, potential
victims and also those who may be in a position to spot the danger
signs on behalf of that victim, will be crucial in efforts
to prevent it. Proper resources need to be available to
educate children from an early age that forced marriage is wrong
and that in addition to legal remedies, support is available for
victims and potential victims. The seriousness of the
phenomenon is emphasized by the fact that in Scotland, a breach of
a forced marriage protection order will be a crime - not just a
potential contempt of court as it is in England."
The Society also believes that accompanying education for those
involved in the administration of justice will be vital in ensuring
that the legislation can be accessed by those who need it
most.
The Society has played an active role in the development
of the Forced Marriage (Protection and Jurisdiction etc)
(Scotland) Act 2011, introduced by Nicola Sturgeon in 2010, over a
number of years and has been part of the Scottish Government's
Forced Marriage Network since it was set up in
2005 in addition to meeting with the Scottish
Government's Equality Unit and giving oral evidence on the
issue to the Scottish Parliament's Equal Opportunities
Committee.
ENDS
25
NOVEMBER 2011
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28 November 2011