The illusion of protection? An analysis of forced marriage legislation and policy in the UK

Abstract

This article examines the background, provisions and implications of the 2007 Forced Marriage Civil Bill, with specific regard to the UK government's present efforts to address the problem of forced marriage. It maps the tensions inherent in the creation of civil and criminal legislation to tackle forced marriage in the UK. The debates on the origins, design and workings of the 2007 Forced Marriage Civil Protection Act are considered, as are its implications for victims, prosecutors and criminal law in general. By exploring how the dominant discourses on forced marriage have shaped recent legislation, and the state's response to this problem (focused myopically on the legal system), this article evaluates how effective forced marriage legislation is for protecting vulnerable black and minority ethnic (BME) women in the UK, while also offering reflections on the current challenges confronting attempts to implement legal measures.