Reassessing England and Wales' Approach to Forced Marriage in the Context of Modern Slavery

Forced Marriage: A Global Challenge At The Intersection With Modern Slavery

Forced marriage, a critical and complex global challenge, sits at a unique intersection with modern slavery. This chapter aims to examine the current shift in international law and various jurisdictions across the globe, focusing on the increasing recognition of forced marriage either as a sub-category of modern slavery or as a component of exploitation within it. This shift is not only pivotal but also reflective of the evolving understanding of human rights and the dynamics of exploitation in contemporary society.

The rationale behind this shift is deeply rooted in the recognition of the striking similarities between the characteristics of forced marriage and those of modern slavery. Both phenomena share elements of coercion, exploitation, and a severe infringement on individual freedoms and rights. The analysis of these similarities sheds light on why forced marriage is increasingly viewed through the lens of modern slavery, thereby necessitating a nuanced legal and policy response.

This chapter adopts a predominantly doctrinal research methodology, supported by a comparative approach. The doctrinal aspect involves an in-depth examination of legal texts, international treaties, and judicial decisions to understand the legal principles and frameworks that govern the issue of forced marriage and its intersection with modern slavery. This approach is crucial in comprehensively understanding the legal and theoretical underpinnings that guide international and national responses to forced marriage.

The comparative aspect of this research is vertical rather than horizontal. This means that instead of comparing different national legal systems with each other (horizontal comparison), the focus is on comparing the shifts and approaches in international law and practice with the framework in England and Wales (vertical comparison). England and Wales represent a national system that operates within, yet in some aspects separately from, the international legal framework. This vertical comparative approach is instrumental in highlighting the discrepancies, challenges, and potential avenues for harmonization between national and international legal responses to forced marriage and modern slavery.

The necessity for such a comparative analysis stems from the observation that while there is a growing international consensus on addressing forced marriage within the broader framework of modern slavery, some national jurisdictions, including England and Wales, seem to lag in this global shift. Understanding the reasons behind this lag, and the implications it carries for the effectiveness of legal and policy measures, is critical for advocating for change and alignment with international standards.

Furthermore, this chapter explores the broader implications of this legal shift. Recognizing forced marriage as a form of modern slavery has profound implications for the rights and protections afforded to victims, the responsibilities of states under international law, and the legal remedies available. It also influences the discourse around forced marriage, shifting it from a predominantly cultural or social issue to one firmly rooted in the realm of human rights and legal accountability.

The exploration of this topic is timely and relevant. In an era where human rights issues are increasingly globalized, and the movements of people across borders bring diverse cultural practices into sharper focus, understanding and addressing forced marriage within the modern slavery framework is imperative. This chapter aims to contribute to this understanding by providing a thorough, legally grounded analysis of the current shifts in international law and the comparative study with the legal framework in England and Wales.

By the end of this chapter, readers will gain a deeper understanding of the legal complexities and challenges surrounding forced marriage, its recognition as a form of modern slavery, and the crucial need for a harmonized international and national response to effectively combat this violation of human rights.