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Forced Marriage in Immigrant Communities in the United States

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Forced Marriage in Immigrant Communities in the United States Forced Marriage in Immigrant Communities in the United States 2011 National Survey Results Forced marriage is a pernicious global problem order” in family court; made changes to the visa threatening the freedom, safety, health, and sponsorship process; promoted extensive education of women and girls. UNICEF estimates community education, outreach and training; and that in developing countries, over 60 million supported thousands of individuals trying to avoid women now aged 20-24 were married as girls.i or escape forced marriages. The reasons for forced marriage are complex and The United States, however, lags far behind – varied—parents may use a forced marriage to and until now, has done little to recognize or ensure a young woman will adhere to conservative address the problem of forced marriage. morals and gender roles, or to otherwise protect Domestically, there are very few laws and family honor. Forced marriages may also be used policies specifically to help forced marriage to enhance a family’s status, or to gain economic victims, leaving young women (and some men) security. Whatever the rationale, the result may in crisis with few resources and options.iv subject a young woman to severe and sustained abuse, including domestic violence, marital rape, THE TAHIRIH JUSTICE CENTER’S and other forms of violence, decreased levels of REASONS FOR CONDUCTING A education, health complications, and a life of NATIONAL SURVEY ON FORCED submission and dependence. MARRIAGE Western countries with large populations coming The Tahirih Justice Center (Tahirih) is one of the from regions of the world where forced marriage nation’s foremost legal defense organizations is common are beginning to realize that immigrant protecting women and girls fleeing human rights families may persist in such traditions and beliefs abuses. Through direct legal services, public policy for years—and even generations—after they advocacy, and public education and outreach, since resettle. The United Kingdom (UK), for example, 1997, Tahirih has assisted over 12,000 immigrant in 2009 estimated that 5000-8000 forced marriage women and children from all over the world fleeing cases were reported across the country.ii such abuses as domestic violence, sexual assault, human trafficking, torture, female genital The UK and a few other countries have begun to mutilation, “honor” crimes, and forced marriage. address forced marriage through new laws and Tahirih also leads national advocacy campaigns on a policies. Since the early 1990s, non-governmental range of issues, building on our direct services agencies in the UK have organized, coordinated, experiences, to press for systemic changes in laws, and advocated, making great strides.iii The UK policies, and practices to better protect women government has established a “Forced Marriage and girls from violence. Unit” and national helpline, and has even conducted overseas “rescue” operations; passed a About three years ago, Tahirih and some of our law creating a special “forced marriage protective colleague organizations began to notice an © September 2011 by the Tahirih Justice Center (www.tahirih.org), a national legal services and public policy advocacy organization with offices in Falls Church, VA, Baltimore, MD, and Houston, TX, that protects women and girls fleeing human rights abuses. For more information, please contact [email protected] or call (571) 282-6161 (TDD-VA Relay: 711). TAHIRIH JUSTICE CENTER • 2011 Survey on Forced Marriage in Immigrant Communities in the United States increasing number of forced marriage cases FORCED MARRIAGE IS A PROBLEM IN involving young women and girls—some as young THE UNITED STATES as 13—from traditional immigrant communities in the United States. By force, fraud, or coercion, Tahirih’s survey confirms that forced marriage they were being compelled to marry men from is a problem in the United States today, with as their families’ countries or regions of origin, and— many as 3,000 known and suspected cases if the young woman was a US citizen—she might identified by survey respondents in just the last then be forced to sponsor a fiancé or spouse visa two years. The fact that potentially thousands of to enable the groom to come to the United States. young women and girls from immigrant communities may face forced marriages each year When Tahirih began to work on these cases, we in the United States is alarming and demands were struck by how few resources and legal attention. options exist in the United States to assist individuals facing forced marriages, as well as how Just as alarming: community-based service little awareness or understanding there is providers working on the frontlines are nationwide about the unique dynamics and struggling with how to recognize and handle challenges in forced marriage situations. forced marriage cases, and how to offer a lifeline to an individual who may have only one Tahirih developed and fielded a national survey to chance to reach out for help. see if other service-providers were likewise encountering forced marriage cases, to learn about Other key findings from Tahirih’s survey include: their experiences, and to call attention to what we believed to be a serious but hidden problem. While Forced marriage is being seen in immigrant Tahirih recognizes that forced marriages can occur communities from 56 different countries, and in any community, this survey focused on forced affects people of many different faiths. While marriage in immigrant communities. many respondents reported encountering Defining “Forced Marriage” A forced marriage is one that takes place without the full and free consent of one or both parties. It can happen to either gender, at any age. It may be a marriage that is threatened, or one that has already taken place, either in the United States or abroad. An individual’s lack of consent or lack of ability to give informed consent may be caused by a variety of factors, including but not limited to the individual being: - Younger than the legal age to marry - Subject to some other incapacity or disability - Subject to force, fraud, or coercion Force, fraud, or coercion can take many forms, including psychological manipulation, emotional blackmail, deception, and physical threats or violence, and—in some cases—even kidnapping or death threats. An arranged marriage is not the same as a forced marriage. A forced marriage, in which an individual feels she has no ultimate right to choose her partner and/or no meaningful way to say no to the marriage, is distinguishable from an arranged marriage, in which the families of both parties (or religious leaders or others) take the lead, but ultimately, the choice remains with the individual. (This definition was used in Tahirih’s Forced Marriage Survey, and is used in Tahirih’s work.) 2 TAHIRIH JUSTICE CENTER • 2011 Survey on Forced Marriage in Immigrant Communities in the United States Less than one in five respondents (16%) said One morning, Tahirih received a call that their agency was properly equipped to from a family attorney who was help individuals facing forced marriage. struggling to help a girl in crisis. This Almost half of respondents (46%) who teenage girl—a US citizen whose provided information on particular tactics used South Asian-born parents threatened against victims reported that victims had been to beat her into submitting to a subjected to actual physical violence. forced marriage—had taken the courageous step of running away to a 13 respondents also reported murder attempts domestic violence shelter. among the forced marriage cases they encountered, and 1 respondent reported an The shelter gave her temporary actual murder. refuge, but was unsure how long they could keep her there—particularly as 42 respondents reported that they had her parents were threatening to sue encountered forced marriage victims who had the shelter, her attorney, and anyone contemplated or attempted suicide. else who tried to help her. In the end, the girl was returned to her parents These and other survey findings suggest that we are seeing just the tip of the iceberg on this after Child Protective Services problem—that thousands of individuals in the declined to get involved in such United States may be threatened with forced “cultural issues.” marriage each year, and yet at present, victims have little hope of finding the protection and assistance they need. victims of Muslim family backgrounds, victims of Christian, Hindu, Buddhist and other METHODOLOGY FOR DEVELOPING backgrounds were also reported. AND DISTRIBUTING TAHIRIH’S SURVEY Respondents who provided details on the age Tahirih developed the Survey on Forced Marriage and gender of victims they encountered in Immigrant Communities in the United States identified the majority as female, many of (“Forced Marriage Survey”) in consultation with whom were girls under age 18. A small research experts Colleen Owens and Meredith minority were identified as male. Dank from the Urban Institute’s Justice Policy Center, as well as Tahirih’s pro bono research Two out of three respondents (67%) felt that there were cases of forced marriage not being identified in the populations with which they work—this finding suggests a significant “I think it is really hard for most of population of “hidden victims” beyond the the young women I have talked to potentially 3000 cases identified through as they do not want to do anything Tahirih’s survey. against their parents or want their Less than 10% of respondents said they had a parents
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