The Peter A. Allard School of Law Allard Research Commons Faculty Publications Allard Faculty Publications 2010 Forced Marriage as a Harm in Domestic and International Law Catherine Dauvergne Allard School of Law at the University of British Columbia,
[email protected] Jenni Millbank Follow this and additional works at: https://commons.allard.ubc.ca/fac_pubs Part of the Immigration Law Commons, International Humanitarian Law Commons, Law and Gender Commons, and the Sexuality and the Law Commons Citation Details Catherine Dauvergne & Jenni Millbank, "Forced Marriage as a Harm in Domestic and International Law" ([forthcoming in 2010]) 73 Mod L Rev 57. This Working Paper is brought to you for free and open access by the Allard Faculty Publications at Allard Research Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Allard Research Commons. Forced Marriage as a Harm in Domestic and International Law Catherine Dauvergne⊕ and Jenni Millbank℘ This is a pre-publication version which appears in (2010) 73 Modern Law Review 57-88. The definitive version is available at www.blackwell-synergy.com INTRODUCTION This article explores the disjuncture between domestic legal and political responses to forced marriage faced by nationals of Western states with the response of refugee law to forced marriages occurring elsewhere. The framework of international human rights suggests that forced marriage should be a paradigm example of ‘persecution’, the central criterion for any refugee claim. Yet our analysis of refugee decisions in Australia, Canada, and the United Kingdom revealed a profound and on‐going reluctance to accept that forced marriage was, in and of itself, a persecutory harm.