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WOMEN AND FORCED MARRIAGE IN SCOTLAND

women and forced marriage in scotland - Women's Support Project

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Why does Forced Marriage continue to happen?<br />

The nature of force<br />

‘The preoccupation with ‘free will’ that informs the legal discourse<br />

ignores the fact that consent itself is constructed in the context of power<br />

imbalances and gendered norms and-crucially-often in the absence of<br />

explicit threats: simply put, many coercive forces often go undetected.’<br />

Anitha & Gill. 2009; p.171.<br />

Through the findings of this research we recommend that ‘Force’ in the term ‘Forced<br />

Marriage’ is best understood as a continuum which extends along the woman’s lifespan, the<br />

boundaries between herself, her family and her community, her emotional and psychological<br />

well-being as well as her physical integrity and her safety. This continuum ranges from free<br />

and full consent at one end to physical punishment culminating in death at the other. We see<br />

this continuum consisting of 12 stages, which are not as clearly defined in real life and which<br />

can be present simultaneously. This continuum is summarized and analyzed below:<br />

Figure 8: The continuum of ‘Force’ in a Forced Marriage.<br />

Analysis:<br />

I. Free and full Consent: At the top end of the spectrum is the complete freedom of a<br />

woman to choose her husband and/or to consent or decline a marriage arrangement. No<br />

pressure is exerted on her and whatever her decision, it will be accepted. By ‘no pressure’<br />

we also expect that the woman is of sufficient age, emotional and intellectual maturity to<br />

be able to make this decision. This includes any mental health issue or learning difficulty<br />

that might prevent her from making a free and informed choice.<br />

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