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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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