WOMEN AND FORCED MARRIAGE IN SCOTLAND
women and forced marriage in scotland - Women's Support Project
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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