Forced Marriage as a Harm in Domestic and International Law

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Title: 
Forced Marriage as a Harm in Domestic and International Law
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Journal Citation: 
73 MODERN LAW REVIEW, 57–88 (2010)

This article contains an analysis of 120 reported refugee cases from Australia, Canada, and Britain between 1995 and 2008 that have to do with forced marriage. This set of cases includes heterosexual and homosexual women and men as claimants. Forced marriage is considered a type of ‘persecution’ by international human rights law, and European states have taken steps to deal with forced marriage cases domestically. In the refugee cases, however, forced marriage is rarely considered a persecutory harm in itself, and problems with credibility and membership in a particular social group usually vitiate the refugees’ claims. Successful claims often include other threats as well, such as physical violence. The authors also discuss the Forced Marriage Unit, a branch of the British government that deals with local cases of forced marriage. The FMU’s feminist approach is further contrasted with Britain’s refugee jurisprudence, which is stricter than that of Australia and Canada.