Law Society of Scotland
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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