Without Consent : Forced Marriage in Australia

Headings: 
Title: 
Without Consent : Forced Marriage in Australia
Journal Citation: 
36(3) MELBOURNE UNIVERSITY LAW REVIEW, 970-1008 (2013)

This article discusses both the approaches Australia should take to effectively and holistically respond to the issue of forced marriage, and the challenges involved in developing such approaches. The authors emphasize that Australia’s response should not focus on prosecution and establishing criminal sanctions but should instead prioritize the protection of potential victims and prevention of future cases of forced marriage. It is through this latter approach, as opposed to the former one, that the root causes of forced marriage can be properly addressed, and civil remedies can be holistically ascertained to ultimately eradicate this practice. However, the authors highlight some of the challenges involved in developing such approaches, including continuing research focusing on the nature of forced marriage in Australia, investing in community legal education and support services for potential victims, as well as ongoing consultation and engagement with community members.