Forced Marriage

FORCED MARRIAGE

What is Forced Marriage

Forced marriage is when a person is forced to marry someone chosen for them. The person can be forced by their family, people they look up to, or their community.

This is not acceptable within UK law.

Forced marriage is a form of abuse because it takes away a person’s human right to make their choice of life partner; There is also no religious or faith requirement that says you have to marry a certain person you don’t want to.

HOW?

Someone can be forced into a marriage in different ways:

Physically

·               being prevented from leaving the home or from going to school/work/college

·               being taken out of the country against their will to get married

·               being beaten or threatened with physical violence to make you marry the chosen person.

Emotionally

·         being made to feel that you will shame your family or community of you do not go through with the marriage.

·         being told you will not be accepted in the family anymore if you refuse the marriage. This kind of behaviour is also known as emotional blackmail.

·         you are disabled so you must marry whoever is chosen to marry you.

Through deception

• In a number of cases, young people have sometimes been tricked into travelling to a country where they are to be married, thinking they are just going on holiday.

WHY?

What are the reasons for Forced Marriage?

•         Controlling unwanted behaviour and sexuality, particularly that of women

•         Protecting perceived cultural or religious ideals which can often be misguided

•         Attempting to strengthen family links

•         Family honour or long-standing family commitments

•         Ensuring land remains within the family

•         Assisting claims for residence and citizenship

•         Providing a carer for a disabled family member

DIFFERENCE BETWEEN FORCED AND ARRANGED MARRIAGE

What is an Arranged Marriage?

An Arranged marriage is when the family or parents are mainly responsible for matching their daughters or sons with possible partners but the final choice to marry belongs to the person. This more traditional method of finding possible partners is common within many communities across the world and some young people are happy to allow their parents the responsibility of looking for spouses for them.

MYTH - DID YOU KNOW?

Forced marriage is not a practice that only affects Asian people. It can happen to anyone in society, despite their faith or ethnicity.

WHAT DOES THE LAW SAY?

It is important for Scotland to be consulted on Forced Marriage separately as it is a devolved issue for the Scottish Government and will not be covered by UK law if Forced Marriage takes place in Scotland.

At present, there is no law expressly prohibiting forced marriage in Scotland and it is not a specific criminal offence. However, there is a range of current criminal offences and civil remedies which may be relevant in relation to forced marriage.Earlier this year the Scottish Government carried out a consultation to see whether civil legislation should be introduced to help victims of Forced Marriage in Scotland. The Scottish Government is currently considering the responses to the consultation and will make an announcement about legislation in due course.    

Frequent Questions

Question - What do I do if I am going overseas and scared of being forced into marriage?

(i) Before you go - in the first instance contact one of the agencies above for advice and support. They will let you know your options.

They will need as much detailed information as possible such as

• The full address of the place where you are going abroad.
• Your travel dates: the date you are leaving and the date you are expected to return
• Your flight details: Airline and Flight No.
• A copy of your British passport
• A mobile phone number
• The names of people you are traveling with

(ii) Keep Hidden with you

• Money
• A Mobile Phone or a Sim Card
• The contact details of the nearest British High Commission or your support worker in the UK.

(iii) After you Go

If you are forced into a marriage once you are overseas, contact the nearest British High Commission or your support worker. They will do their best to rescue you and repatriate you to the UK.   If you don’t have money to return to the UK, the Forced Marriage Unit will give you a loan to buy a ticket to return to the UK.

Question - I am being forced into marriage and want to leave home?

If you are woman you can get refuge accommodation.

If you are a man, you will need to contact the support agencies’ worker to discuss your options.

Question - What is the Law on Forced Marriage?

Currently, in Scotland there is no specific law that you can use to prevent forced marriage. But, there are other areas of civil law that can be used to protect you from being forced into a marriage.

REMEMBER: If you have already been forced into a marriage then it may be possible to dissolve the marriage.  You will need specific legal advice for your situation.

IF YOU ARE AFFECTED BY FORCED MARRIAGE OR KNOW SOMEONE AFFECTED BY FORCED MARRIAGE

 YOU CAN CONTACT

Amina Muslim Women's Resource Centre
Helpline 0808 801 0301
(Mon-Fri 9.30-5.00)

Forced Marriage Unit
Website address: http://www.fco.gov.uk/en/fco-in-action/nationals/forced-marriage-unit/
Telephone: 020 7008 0151
Email: fmu@fco.gov.uk
Email for outreach work: fmuoutreach@fco.gov.uk
Hemat Gryffe Women's Aid
Website address: http://www.hematgryffe.org.uk/
Telephone: 0141 353 0859
Email: hemat.gryffe@ntlbusiness.com
Scottish Women's Aid
Website address: http://www.scottishwomensaid.org.uk/
Telephone: 0131 226 6606
email info@scottishwomensaid.org.uk
Shakti Women's Aid
Website address: http://www.shaktiedinburgh.co.uk/
Telephone: 0131 475 2399
Email: info@shaktiedinburgh.co.uk

We would like to thank Shakti Women's Aid for supporting this resource.

Asylum Seekers and Refugees in the UK

Asylum Seekers and Refugees in the UK

Refugees
A refugee is a person who has beein forced to leave their country because it is not safe for them to stay. The UN Convention on Refugees has a more precise definition:

'Owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country.' (1951 UN Convention on Refugees) 
 

Asylum Seeker

Is a person who has made a claim to be considered for refugee status and whose claim is still being considered. You cant be an illegal asylum seeker. People seeking asylum have a legal right to be in the UK. 

Reasons why they leave

Refugees and Asylum Seekers have to leave their countries. Here are some of the reasons why they may have to leave:

• War
• Threat because of political beliefs
• Inter-ethnic violence conflict between tribes
• Inter-religious violence against religious groups
• Repressive governments  Fear of conscription  fear of being forced to fight 
•  Cultural practices, female circumcision, honour killings, ritual abuse 

These are all valid reasons to flee but under the refugee convention (above) only persecution for a convention reason is recognised.  This means many people are refused asylum who do have a genuine fear of returning to their country.  

Factors affecting where they travel to  

The vast majority of refugees are only able to travel to a neighbouring country.  Because of this, countries like Pakistan, Syria and Kenya receive by far the most refugees worldwide.  The UN estimates that %90 of refugees remain in their area of origin.  Those that are able to travel to countries like the UK usually have their journeys arranged for them by others, and have no choice over where they end up.   The UK receives less than %1 of the world's refugees.

Where do they come from?

Refugees and Asylum Seekers come from many countries globally. In the UK, these are some of the common countries that Refugees and Asylum Seekers flee from: 
 

Afghanistan

China

Congo

Eritrea

Iran

Iraq

Nigeria

Pakistan

Somalia

Sri Lanka

Sudan

Zimbabwe

It is important to note that there are various reasons why people flee these countries and there are many groups of people at risk within these countries.  

What the law says?

Globally Asylum Seekers and Refugees are mainly covered by the 1951 UN Convention where it defines clearly who should be protected as a refugee. In Europe, the European Convention on Human Rights also provides a basis for protection. The UK Legal perspective is covered mainly by UK immigration laws as well as the Human Rights Act. The UK Law undergoes much change with its immigration policies, so the laws are changed frequently. However the general policy of the UK government in recent years has been to reduce the numbers of refugees coming to the UK and to reduce the level of support available to those that arrive.

The Asylum Process

The UK Aslyum Process is how all Aslyum Seekers seek permission to remain in the UK. The Aslyum System is managed by the UK Borders Agency, which is branch of the UK Home Office the system is very complex and if a person does not speak English, it can be very difficult to understand which can affect aslyum claims. The process involves making a claim and then undergoing interviews. If unsuccessful there is usually the right of appeal to the courts. However the system is very complicated and frequently changes so it is best to contact an immigration adviser or solicitor when dealing with asylum cases.

 
Support for Ayslum Seekers and Refugees who are Deaf

If you or someone you know is deaf or hard of hearing and is an asylum seeker or refugee in Scotland, and they need more support, then please contact:

•  Deaf Connections: 

Janice McCusker - Community Develpoment Worker 

Address - 100 Norfolk Street, Glasgow, G5 9EJ 

Email - Janice@deafconnections.co.uk 

Website - www.deafconnections.co.uk 

•  Scottish Refugee Council: 

Website - www.scottishrefugeecouncil.org.uk 

Switchboard - 0141 248 9799 

Freephone - 0800 085 6087 

We would like to thank our partner, the Scottish Refugee Council for developing this resource.     

                                  

Honour Based Violence

Information about Honour Based Violence

What is honour based violence?

Honour based violence is violence towards somebody who is seen to have broken the honour code of a family or community. Breaking the honour code could include: 

• dressing in what is seen to be an inappropriate way
• having a boyfriend/girlfriend
• kissing/intimacy in a public place
• rejecting a marriage proposal
• becoming pregnant outside of marriage
• using drugs or alcohol
• being Gay, Lesbian, Bisexual or Tran gendered
• not practising your religion
• any other behaviour that is not deemed acceptable by the family/community

A victim may be accused of having shamed the family or destroyed their reputation within their community. Punishment may include:

• verbal threats
• physical violence 
• sexual abuse
• forced abortion
• forced marriage
• abandonment overseas
• abduction
• murder

Who is affected?
Honour based violence is mainly directed by men towards women. However, men can also be affected, for example if they are believed to be supporting the victim, are involved in what is seen to be an inappropriate relationship or if they are gay or transgendred.

Honour based violence is not restricted to a single community or culture but can affect anyone, regardless of their ethnic background or faith. It could be committed by one individual or by several in the family or in the community. People involved in committing the violence can be men and women.

What to do if you think you or someone you know may be a victim

If you feel you are at risk of honour based violence, the best thing to do is to contact one of the organisations listed below

If you are in immediate danger please call 999.

If you think that someone you know may be a victim, please contact one of the organisations listed below.

Do not directly confront the family or speak with the victim in their presence as this may make things worse.

Honour based violence is not a cultural or religious practice and is never right or acceptable. 

What the law says

There is no specific law on honour based violence. All cases will be prosecuted under criminal law  according to each specific offence that has been committed, for example assault, kidnap, rape, murder etc.

Civil Law can be used to protect yourself from risk of violence. Some of the remedies that can be used are interdicts, non harassment orders. You will need to contact a civil family lawyer for advice.

Key Contacts:

Honour Network Helpline

0800 5999 247

(Mon-Fri 9am-5pm)

Karma Nirvana

www.karmanirvana.org.uk

0113 218 0114

Iranian & Kurdish Womens Rights Organisation

www.ikwro.org.uk

0207 920 6460

Hemat Gryffe Womens Aid

www.hematgryffe.org.uk

0141 353 0859

hemat.gryffe@ntlbusiness.com

Shakti Womens Aid

www.shaktiedinburgh.co.uk

0131 475 2399

info@shaktiedinburgh.co.uk

Scotland Domestic Abuse Helpline

0800 027 1234

(24 hrs)

 

We would like to thank Shakti Womens Aid for developing this resource in partnerhip.

 

Human Rights



What Do Human Rights Mean For Me? 

 

 

Introduction

Where we have been able to find information in BSL relating to human rights we have included links in these pages. We have also asked some of the main organisations dealing with Human Rights to produce more deaf friendly materials in BSL and we will add these to these pages when we get them.  

What do we mean by human rights?

Our Human rights concern the things that are important to us all as human beings and make it possible for us to live our lives to their full potential free from harm and with dignity and respect.   

They include the basic rights such as the right to life, to have enough to eat, a roof over our head, an education and to good health. They also include our rights to freedom of thought, the rights to express our opinions and to organise ourselves politically to achieve change. They include our rights to defend our interests at work and the right to express and practice our religion or other kinds of beliefs - provided these do not interfere with the rights of others.

Human rights help us to live our lives the way we want to according to our own needs and choices. This includes who we form friendships or relationships with.

Where do human rights come from?

Human rights come from the moments in history where individuals and groups of people tried to change the world for the better and make it fairer, more tolerant and more equal. This came about because people recognised the injustices which threatened their existence, limited their lives and stopped them achieving their potential. These struggles are deep in our history. 

The first internationally agreed statement of human rights emerged in 1948 following the horrors of the Second World War and especially the persecution of Jewish people and other minorities by the Nazi regime in Germany. This led to the development of the 'Universal Declaration of Human Rights' (UDHR) in 1948.

"But aren't they just for prisoners and terrorists?"

In recent years the press have highlighted cases of human rights applying to prisoners, suspected terrorists of other groups who you may feel do not deserve them.

No matter who you are, where you are or what you may have done, you still have human rights. There may be some rights which are applied differently in some situations. Human Rights can be limited in certain circumstances - such as when someone goes to prison. Despite this basic rights to human dignity apply to everyone in a human rights framework and this includes those who have broken the law.

Human rights are for everyone

Human rights laws and thinking are increasingly making a difference to other people in society including those discriminated against because of their gender, age or sexual orientation. There have been important human rights cases involving the services needed by older people in care homes, Children and young people and vulnerable asylum seekers fleeing persecution and torture. It is now more common for a human rights based approach to be applied to other things which affect our lives such as being treated differently because of our disabilities or because we are D/deaf. 

An overwhelming majority of people in the UK support legislation to protect their human rights and want to see a human rights approach incorporated into public services in ways that help both users and service providers to benefit,an Equality and Human Rights Commission Report in 2009 confirmed this. You can view a summary of the report by clicking here.

 

To view the BSL summary of the report click here and look for the BSL summary button on the right hand side of the page. 

As human rights ideas and laws are better understood in our society they will be used by all of us to overcome the barriers we face to living better lives. We must not allow them to be distorted by those who seek to undermine them by dividing people and setting them against one another by claiming that some deserve human rights and some don't.

What do the human rights laws actually say?

International human rights laws requires states to respect our human rights and forbids them from interfering in them. They place a duty on states to protect rights and ensure that they are not undermined or restricted. The requirement to fulfil human rights requires states to promote them and encourage people to seek and improve their rights. Although international law can be hard to enforce at the national level it is increasingly having a strong influence on rights partly because of international treaties enshrined in our national laws in the UK and in Scotland. This is also because developing a rights based approach is now better understood as the right thing to do.

The Universal Declaration of Human Rights (UDHR) is the best known and most important, human rights document. All other human rights laws take the UDHR as their starting point. It is the foundation of modern human rights law. To access a BSL version of the declaration click here

After the UDHR, many other international agreements, or treaties, were developed for specific groups and issues. Many of these treaties are reflected in anti-discrimination and protection laws in the UK. The international agreement of most relevance in relation to the human rights of deaf people is probably the UN Convention on the Rights of People with Disabilities. 

To watch a BSL version of the guide to this treaty click here

 

For an easy to read version of the main points in the treaty produced by Independent Living in Scotland click here.

The European Convention on Human Rights (ECHR)

This was produced by the nations of the Council of Europe (including the UK) in the aftermath of World War II. In fact The Council of Europe was founded to defend human rights, democracy and the Rule of Law. People who feel their rights have been violated by their own government or its public authorities at the national level may be able to take their case to the European Court of Human Rights using the European Convention on Human Rights, after exhausting domestic remedies.

To celebrate the 60^th anniversary of the ECHR The Council of Europe has published a leaflet that highlights the impact of the ECHR on citizens' lives and its importance in the development of international law in the last 60 years. You can read more about the achievements of the ECHR and the European Court of Human Rights by clicking here

Human rights in Scotland

The Scottish Human Rights Commission ( SHRC) promotes and protects the rights guaranteed by the European Convention on Human Rights. These are now part of the law of Scotland as a result of the UK Parliament passing the Human Rights Act 1998 and carrying the duties into the Scottish Parliament through the Scotland Act 1998. 

The SHRC works with the Equalities & Human Rights Commission (EHRC) who are responsible for promoting the implementation of UK equalities laws such as the Equalities Act 2010. The EHRC promote human rights relating to issues which are the responsibility of the UK Parliament. The SHRC also works closely with the Equality and Human Rights Commission in Scotland in their shared role as independent monitoring mechanism for international treaties such as the UN Disability Convention in Scotland

What is the Human Rights Act 1998?

The Human Rights Act gives people in Scotland the opportunity to have their human rights legal case heard in a Scottish court. The Human Rights Act contains most of the rights which are included in the European Convention on Human Rights.

What does the Human Rights Act do?

The Human Rights Act requires public authorities to consider human rights when they are making or interpreting the law here in Scotland. If you feel that one or more of your rights have been breached by a public authority, you may be able to take the matter to court if required. This also means that people can argue for human rights concerns to be taken into account in the design of laws or the policy decisions which flow from them. If you are unhappy with the decision of a Scottish Court and have pursued the issue as far as it can go in the UK, you can then take your case to the European Court of Human Rights. To view a BSL guide to the Act produced by Bristol City Council click here.

How is Deaf Connections improving human rights?

We feel that deaf people are routinely unable to access their human rights due to issues relating to communication, prejudice and discrimination. Click here to view a BSL version of the World Federation for the Deaf website which gives their interpretation of the main human rights issues which affect deaf people. We feel that many aspects of our lives are affected by the denial of our human rights or the failure to do what needs to be done to help us achieve them.  

Deaf Connections provide many practical services which seek to help people with the day to aspects of life which others take for granted. These include help with communication, specialist care education and community development support.

The lack of information and awareness of the human rights needs of deaf people means that they are often not fully considered when services are planned. Although progress is being made on this and other equalities concerns there is still a lot to do.

Compliance with Human Rights duties

In 2012 Scotland will develop a national action plan for identifying and tackling human rights issues. This may require changes to Scotland's laws and improvements to the policies and practice of service providers. It will promote and strengthen a rights based approach for delivering the Human Rights of all Scotland's people. Deaf Connections Ishara project will make sure that our communities are part of this process and we want you be part of it to. Let's make sure that the services we are entitled to treat people fairly, respectfully, equally and promote their autonomy. These are principles which should be used to plan and deliver services but they are also fundamental human rights available to people under United Kingdom, Scottish & International Law.

For more information about Ishara's Framework for Action campaign to deliver equalities and human rights for deaf BME people visit the Ishara Manifesto section of our website.

If you have found the information about Human Rights on these pages useful and you would like to know more then please visit the following websites

• The Scottish Human Rights Commission at http://www.scottishhumanrights.com/

• Equalities & Human Rights Commission at http://equalityhumanrights.com/human-rights/

• The British Institute of Human Rights http://www.bihr.org.uk/