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01 October 2009 / Jacqueline Renton
Issue: 7387 / Categories: Features , Family , Human rights
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Age of consent?

Jacqueline Renton reports on the human rights’ approach to non-consensual marriage

Forced marriage is a fundamental violation of an individual’s human rights, namely the right to marry, pursuant to Art 12 of the European Convention on Human Rights (the Convention).

Women and men, young and old, healthy and disabled, are forced into marriage every year in this country.

Forced marriages are a breach of an individual’s human rights and also lead to a catalogue of other abuses of human rights—domestic violence, rape, genital mutilation and even murder—thus encompassing: Art 3 (prohibition on torture or inhumane or degrading treatment); Art 4 (prohibition on slavery or servitude and forced labour); Art 5 (right to liberty and security of person); Art 8 (right to respect for private and family life); and Art 17 (probation on abuse of rights).

With respect to murder, these “honour based” killings occur as a result of an individual “dishonouring” or “shaming” the family by refusing to marry the individual chosen for him/her or leaving the forced marriage for another, unsuitable individual.

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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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