Terms of Reference

Terms of Reference

The Commissioners and the team at the Secretariat, aim to:

  • clarify the meaning of Forced Marriage as defined by the Commission.

  • examine, advise and publicly report on the practice of forced marriage in England, Scotland, Wales, and Northern Ireland, and in so doing, raise awareness of forced marriage so that fa individuals, families, and communities understand that forced marriage is against the law in the UK.

  • inquire into the experience of victims and survivors of Forced Marriage and to ensure their participation in the work and recommendations of the Commission.

  • alert members of the public; as well as education and health professionals, and the social services how to recognise a person at risk of forced marriage, in order to take appropriate action to safeguard the person.

  • inquire into the experience of victims and survivors of forced marriage, and to ensure their participation in the work and recommendations of the Commission, in order to recommend improved pathways for risk assessment and safeguarding of all those at risk of forced marriage, or fleeing a forced marriage.

  • review, comment, and advise upon the effectiveness of civil and criminal legislation, and to assess the effectiveness of these mechanisms to prevent forced marriage and to protect actual and potential victims, and survivors of forced marriage, who wish to enforce their rights. The review includes an examination of:

  •  the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (CAVHIO) 2011
     The Forced Marriage (Civil Protection) Act 2007
     The Anti-social Behaviour Crime and Policing Act (2014)
     The Marriage Act, 1949
     The Equality Act 2010

  • follow the progress of the Law Commission’s review and consultation on marriage, and consult.

  • follow the progress of the Domestic Abuse Bill (2020), with a particular focus on child marriage and forced marriage.

  • inquire into and make recommendations on the response of government including the police; the CPS; the FMU; the Home Office; departments of health, housing, and education; local authorities, including social services; housing and education authorities, to reported threats and survivors of forced marriage.

  • inquire into a comment on the views of members of other major political parties on the existing public framework and infrastructure to combat forced marriage, and offer advice and support to persons at risk, or those wishing to leave a forced marriage.

  • review the provision of refuge and safe accommodation for potential victims and survivors of forced marriage.

  • review pathways for access to justice, and legal aid for persons who wish to flee a potential or existing forced marriage.

  • review the implications for individuals who seek to flee a potential or existing forced marriage, but have No Recourse to Public Funds (NRPF).

  • consult members of the major political parties for their views on forced marriage, and the framework for raising awareness, risk assessment, and safeguarding.

  • inquire into and make recommendations on the critical work of voluntary sector organisations working to advise and support potential victims, as well as forced marriage, as well as raising awareness of forced marriage and combatting the practice.

  • consult leading academics working on forced marriage in the UK.

  • review how the media covers forced marriage.

  • review the impact of Brexit and the possible legal, social, and personal ramifications for a person at risk of forced marriage, or someone who wishes to flee a forced marriage.

  • examine and make recommendations on other approaches, mediations, and interventions to prevent forced marriage.

  • inquire into and make recommendations on the response of public authorities (including the police, public health, local government, social services, housing, and education authorities) to reported threats and survivors of forced marriage.

  • ensure that the work of the Commission does not raise concerns around discrimination, or stigmatise any community.
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