Image Credit - ECDHR

Forced Marriage and the Need for a Multi Pronged Approach

Cultural Considerations and Forced Marriages in Australia: A Complex Intersection

Indeed, the case of Sakina Muhammad Jan raises important questions about the interplay between cultural practices and Australian law. Forced marriage, while illegal in Australia, can be deeply ingrained in certain cultural traditions. Jan's lawyers argued that she might have believed she was acting in her daughter's best interests, reflecting a cultural context where arranged marriages are not uncommon. However, the court emphasised that individual consent is paramount under Australian law, regardless of cultural background. This highlights the delicate balance between respecting cultural diversity and upholding fundamental human rights.

Moreover, the case underscores the need for culturally sensitive approaches to address forced marriage. It's crucial to recognise that victims of forced marriage often face immense pressure from their families and communities. They may fear ostracism, shame, or even violence if they resist. Consequently, support services must be tailored to understand these cultural nuances and provide safe spaces for victims to seek help. This includes legal aid, counselling, and shelter options that cater to the specific needs of individuals from diverse cultural backgrounds.

Addressing Forced Marriage: Raising Awareness and Creating an Anti-Slavery Commissioner

Additionally, the case has sparked a broader conversation about the prevalence of forced marriage in Australia. Forced marriage is a hidden crime, often occurring within tight-knit communities where victims may be reluctant to come forward. However, the Australian Federal Police (AFP) has reported a concerning rise in the number of cases, with an estimated 90 cases referred to them in 2022-23 alone. This indicates that forced marriage remains a significant issue in the country, despite legal prohibitions. It's essential to raise awareness about this issue within both migrant communities and the wider Australian public.

Furthermore, the creation of an Anti-Slavery Commissioner is a significant step towards addressing forced marriage and other forms of exploitation in Australia. The commissioner's role will be to investigate allegations of slavery, forced labour, and forced marriage. This will provide victims with a dedicated avenue to seek justice and support. Additionally, the commissioner will have the power to recommend policy changes and raise awareness about these issues. This comprehensive approach is essential to combatting the complex and often hidden nature of forced marriage.

Forced Marriage as a Form of Modern Slavery: A Global Issue

To be sure, forced marriage is not unique to Australia. It's a global issue that affects millions of people, particularly women and girls. According to the United Nations, an estimated 12 million girls are married before the age of 18 each year. This means that, on average, 23 girls are forced into marriage every minute. These marriages often have devastating consequences for the victims, including physical and sexual abuse, limited access to education and employment, and increased risk of maternal mortality.

Furthermore, forced marriage is often linked to other forms of exploitation, such as human trafficking and domestic servitude. In many cases, young women are lured to foreign countries under the guise of marriage, only to be forced into labour or sexual exploitation. This highlights the interconnected nature of these crimes and the need for a comprehensive approach to address them.

Economic and Moral Imperatives in Ending Forced Marriage

In addition to the human rights abuses associated with forced marriage, there are also significant economic costs. A 2018 World Bank report estimated that child marriage costs developing countries trillions of dollars in lost earnings and productivity. This is because girls who are married young are less likely to complete their education and participate in the workforce. They are also more likely to have children at a young age, which can lead to a cycle of poverty.

Consequently, addressing forced marriage is not only a moral imperative but also an economic one. Investing in girls' education and empowering them to make their own choices can have a ripple effect on their families, communities, and countries. It can lead to reduced poverty, improved health outcomes, and greater gender equality.

In recent years, there has been growing international recognition of the need to tackle forced marriage. In 2014, the UN General Assembly adopted a resolution calling for global action to end child, early, and forced marriage. This resolution recognises that forced marriage is a violation of human rights and a barrier to achieving sustainable development goals.

Legislation and Enforcement: Australia's Efforts to Combat Forced Marriage

In fact, Australia has taken significant steps to address forced marriage through legislation and enforcement. The country's forced marriage laws, introduced in 2013, criminalise the act of coercing someone into marriage. This includes threats, deception, and abuse of power. The maximum penalty for this offence is seven years imprisonment, reflecting the seriousness with which the Australian government views this issue.

In addition to the criminal laws, Australia has also implemented a range of civil measures to protect victims of forced marriage. These include forced marriage protection orders, which can be issued by a court to prevent a person from being forced into marriage. These orders can also provide other protections, such as restricting contact between the victim and the perpetrator.

However, despite these legal measures, forced marriage remains a challenging issue to address. As a hidden crime, it often occurs within families and communities, making it difficult for victims to come forward. Additionally, there can be cultural and religious sensitivities surrounding marriage that make it difficult for authorities to intervene.

Forced marriage

Image Credit - BBC

Australia’s Multi-Pronged Strategy to Combat Forced Marriage

To overcome these challenges, the Australian government has adopted a multi-pronged approach to combating forced marriage. This includes raising awareness about the issue, providing support services for victims, and working with community leaders to promote cultural change.

In recent years, there has been a growing focus on community engagement and education. The government has funded a number of initiatives aimed at raising awareness about forced marriage within migrant communities. These initiatives include community workshops, educational resources, and training for frontline workers.

Additionally, the government has established a dedicated forced marriage unit within the Australian Federal Police. This unit is responsible for investigating allegations of forced marriage and providing support to victims. The unit also works with other agencies, such as child protection services and immigration authorities, to ensure a coordinated response to this complex issue.

International Cooperation and Advocacy: A Collaborative Approach

Notably, the fight against forced marriage requires international cooperation and advocacy. Australia actively participates in global efforts to address this issue. It has signed and ratified several international treaties and conventions that prohibit forced marriage, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC).  

In addition to legal frameworks, Australia also engages in diplomatic efforts to raise awareness and promote action against forced marriage. This includes collaborating with other countries, international organisations, and civil society groups to share information, develop best practices, and advocate for policy change.

Australia’s Commitment to Ending Forced and Child Marriages

One notable example of Australia's international engagement is its support for the Global Partnership to End Child Marriage. This partnership brings together governments, civil society organisations, and UN agencies to accelerate progress towards ending child marriage. Australia has contributed funding and expertise to this partnership, supporting programs that empower girls, educate communities, and strengthen legal frameworks.

Furthermore, Australia actively participates in regional and international forums where forced marriage is discussed. This includes the Bali Process, a regional cooperation mechanism to combat people smuggling, trafficking in persons, and related transnational crime. Australia has used this platform to advocate for stronger regional cooperation on forced marriage and to share its experiences in addressing this issue.

Advocacy groups also play a crucial role in combating forced marriage. These groups raise awareness about the issue, provide support services for victims, and lobby for policy change. In Australia, several organisations are dedicated to this cause, including Anti-Slavery Australia and the Australian Red Cross. These organisations work tirelessly to raise awareness about forced marriage, provide support services for victims, and advocate for policy change. They also play a crucial role in educating the public about the issue and challenging cultural norms that perpetuate forced marriage. Their work is essential to creating a society where everyone has the right to choose who they marry.

A Brighter Future: Prevention and Protection

In conclusion, the issue of forced marriage in Australia is a complex and multifaceted one. It involves a delicate balance between cultural sensitivity and upholding individual rights, requiring a multi-pronged approach that addresses both legal and cultural dimensions. While the case of Sakina Muhammad Jan highlights the challenges involved, it also underscores the importance of continued efforts to combat this harmful practice.

Through robust legal frameworks, community engagement, education, and international cooperation, Australia is striving to create a society where forced marriage is not tolerated. The creation of an Anti-Slavery Commissioner, the dedicated forced marriage unit within the AFP, and the various community initiatives are all steps in the right direction.

However, the fight against forced marriage is far from over. It requires ongoing vigilance, continued education, and a commitment to upholding the rights and freedoms of all individuals. It also calls for greater understanding and empathy towards those who may be vulnerable to this practice.

Forced Marriage A Global Fight for Freedom

By working together, governments, civil society organisations, and communities can create a future where forced marriage is eradicated, and everyone has the right to choose who they marry, free from coercion and violence. This is not just an Australian issue, but a global one. By sharing experiences, knowledge, and resources, countries can work together to protect the rights of women and girls around the world.

Ultimately, the goal is to create a society where every individual is free to make their own choices about their lives, including their right to marry or not to marry. This is a fundamental human right, and one that must be protected at all costs.

In the words of the UN Secretary-General, António Guterres, "Forced marriage is a serious human rights violation that robs girls of their childhood and threatens their lives and health. It is a barrier to education, employment, and full participation in society. We must work together to end this harmful practice and ensure that all girls are able to fulfill their potential."

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