1. Matthew Keeley Director of NCYLC

2. Presentation Overview Research & Analysis Guidelines for Best Practice Subsequent Developments www.lawstuff.org.au | facebook.com/lawstuff

3. Nature of forced child marriage www.lawstuff.org.au | facebook.com/lawstuff  Largely hidden and undocumented  Victims resist speaking out against families  Forced child marriage constitutes child abuse  The coercion before the marriage the amounts to abuse  After the point of marriage, the abuse turns to sexual assault, physical, assault, slavery and other offences

4. Associated Harm & Abuse www.lawstuff.org.au | facebook.com/lawstuff Coercion Tactics:Offences against child: Emotional blackmail Threat of ruined reputation Isolation Social ostracism Economic threats Marrying a child (Marriage Act) Child abuse People trafficking Slavery Harassment Abduction False imprisonment Threats to kill Immigration offences

5. The Australian Context www.lawstuff.org.au | facebook.com/lawstuff Madley v Madley and Anor [2011] FMCAfam 1007 Department of Human Services v Brouker and Anor [2010] FamCA 742

6. Within the Legal Framework www.lawstuff.org.au | facebook.com/lawstuff Forced marriage is comprehensively criminalised under the Commonwealth Criminal Code. 270.7A Definition of forced marriage; 270.7B Forced marriage offences; 270.8 Slavery like offences: aggravated offences; 270.9 Slavery like offences: jurisdictional requirement. The Marriage Act Marriage defined as a union voluntarily entered into for life; Minors are deemed incapable of giving informed consent; Minor being someone under the age of 18 years; Penalty provision provides 5 years imprisonment for marrying a person who is not of marriageable age.

7. Within the Legal Framework www.lawstuff.org.au | facebook.com/lawstuff Alternate offences are included under State & Territory legislation and child protection provisions. Each state has separate positioning of child protective authorities specific to their Jurisdiction.

8. Within the Legal Framework www.lawstuff.org.au | facebook.com/lawstuff International Law Forced marriage is a violation under the United Nations CRC. In signing the Convention, governments committed to take ‘all effective and appropriate measures’ to abolish practice prejudicial to the health of children. State Parties are required by the CRC to protect children against sexual abuse and activities harming development. Parties are urged to reform legislation to increase the minimum age for marriage with/ without parental Consent to 18 years. See also: Universal Declaration of Human Rights International Covenant on Civil and political Rights International Covenant on Economic, Social and Cultural Rights

9. Experiences: Caseworkers & Practitioners www.lawstuff.org.au | facebook.com/lawstuff 50 of 91 respondents reported children at risk of forced marriage Greater than 250 cases identified “A bigger issue than ever Anticipated”

10. Findings The NCYLC identified over 250 cases of forced child marriage in Australia in the preceding 24 months from survey respondents. All respondents reporting instances Reports within the last 24 months

11. Findings The above shows the distribution of reported cases between varying types of respondents. Number of services that encountered cases in the preceding 24 months

12. Findings The services provided by the parent organisation of respondents encountering forced marriage cases in the preceding 24 months. Services provided by respondents in the preceding 24 months to cases

13. Findings It was found that face to face contact was significantly more likely to lead to disclosure form the child/ children. Nature of first direct Encounter with child/ children

14. Findings It was found that face to face contact was significantly more likely to lead to disclosure form the child/ children. Situation of the child client

15. Findings Many respondents said that their organisations did not have policies and procedures in place to assist victims, and that staff often lacked knowledge, resources and training on the issue. Yes, with the family’s cooperation Yes, but resulted in separation of child from their family No, child ended up forcibly married No, child remained in a forced marriage No action was taken regarding the forced marriage Were the respondents able to help?

16. Best Practice Guide

17. What not to do ✖ Send the child or young person away ✖ Contact members of their family or community ✖ Breach confidentiality ✖ Try to be a mediator between the child and the family or use family members, friends, neighbours or those with influence in the community as interpreters ✖ Rehouse a child locally if there is a need for placement away from the family ✖ Use privacy laws as an excuse to not pass on information www.lawstuff.org.au | facebook.com/lawstuff

18. What to do ✓ See the child or young person immediately in a safe and private place, ensuring to bring no attention upon yourself or the child or young person ✓ See them on their own even if they are with others ✓ Reassure them about confidentiality and that you will not contact their family ✓ Contact, if and as soon as possible, a trained caseworker in your organisation who has experience with forced marriage or child abuse ✓ Give the child, if possible, the choice of the ethnicity and gender of the person who deals with their case ✓ Perform a risk assessment and consider the need for immediate protection and placement away from the family if there is any concern for the safety of the child or young person www.lawstuff.org.au | facebook.com/lawstuff

19. What to do ✓ Establish if there is a family history of forced marriage or if other indicators are present ✓ Report the situation to child protection authorities in your State or Territory and activate the local child protection procedures ✓ Inform the child or young person of their right to and need for legal advice and representation ✓ Develop a safety plan so that they have a prepared reason for why you might be meeting if they are seen by a family or community member ✓ Identify any potential criminal offences and refer the matter to the police if there is any suspicion that a crime has been or may be committed www.lawstuff.org.au | facebook.com/lawstuff

20. What to do ✓ Ensure that they have your contact details and other emergency contact numbers and establish a way of contacting them safely and privately in the future ✓ Give them advice on what service and support they can expect and from whom ✓ Refer them to appropriate local and national support groups, counseling services and youth and women’s groups that have experience working with victims of forced marriage and child abuse ✓ Consider contacting the National Children’s and Youth Law Centre or Rosemount Good Shepherd, who have forced child marriage contacts and networks across each State and Territory (see Contacts section) ✓ Identify someone involved in the matter who will accept responsibility for coordinating a holistic response, following the matter to completion and providing feedback to all workers involved www.lawstuff.org.au | facebook.com/lawstuff

21. When a child is going to be sent overseas immediately  Time permitting, seek advice from other statutory and support agencies  Alternatively, contact police who can initiate protection orders and prevent travel  Contact AFP;  State child protection authority;  Legal professionals Be prepared to assert the seriousness of the situation and insist on urgent legal action. www.lawstuff.org.au | facebook.com/lawstuff

22. When a child has already been taken overseas Contact:  Local Police;  AFP;  The Department of Foreign Affairs and Trade (DFAT);  International Social Services (ISS);  Rosemount Good Shepherd;  The local child protection authority. www.lawstuff.org.au | facebook.com/lawstuff

23. When someone has already been forced to marry  Be mindful of the potential dangers posed by the child or the spouse.  Consider the needs beyond nullifying the marriage:  Re-housing;  Counseling;  The dangers of them returning to their family or community.  Explain their options to them. www.lawstuff.org.au | facebook.com/lawstuff

24. Working Together Practitioners, community service providers and communities need to work together Need for someone to work alongside the child and their case until a permanent resolution It is not enough to refer a victim without follow-up Diversity of needs necessitates involvement from separate organisations and services working cohesively

25. Subsequent Developments