Abstract
This paper reports some of the findings of an exploratory study which sought to better understand the demographics of forced marriage of people with learning disabilities and the contexts in which such marriages may occur. It was found that forced marriages of people with and without learning disabilities showed broad similarities in relation to ethnicity, some differences in terms of age and substantial differences in terms of gender. Men and women with learning disabilities are equally likely to be victims of forced marriage. The reasons for people with learning disabilities being forced to marry are most often associated with a desire on the part of families to secure permanent care, but can also be associated with cultural (mis)understandings of the nature of disability. These findings are contextualised by considering the relationship between forced marriage, human rights and learning disability.
Highlights
The right to marry is a universal human right
Forced marriage is not always linked to transnational marriages: almost a quarter (23%) of forced marriages reported to the Forced Marriage Unit (FMU) in 2014 were described as ‘domestic’ and involved no ‘overseas element’ (HO/FCO 2015), this figure fell to 14% in 2015 (HO/FCU 2016)
Motivators for forced marriage in the general population have been identified as including: preserving family honour; respecting promises made during childhood; maintaining cultural tradition; 25 keeping wealth and property within the family; preventing unsuitable relationships; and controlling unwanted behaviour (HM Government 2014). Whilst some of these may be contributory factors in forced marriage of people with learning disabilities, the current study identified that the main motivation in such cases was wanting to obtain a carer for the person with a learning disability
Summary
The right to marry is a universal human right. Article 16 of the UN Declaration on Human Rights 1948 states that: ‘Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a 5 family. Disabled people in 10 the United Kingdom and elsewhere have not always found their right to marry easy to uphold (Groce, London, and Stein 2014; House of Lords/House of Commons, Joint Committee on Human Right 2008) With this in mind, the UN Convention on the Rights of Persons with Disabilities 2006 reiterated the right of people with disabilities to marry, whilst again emphasising the need for marriage to be based 15 on consent; Article 23 of the Convention pronounces that: States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others, so as to ensure that:
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