ipl-logo

What Is Forced Marriage In Australia Essay

718 Words3 Pages

Forced marriage is the marriage between two individuals where one or both of the parties do not fully consent. According to the Herald Sun Statistics, there is an estimate of 1000 cases of forced marriage per year in Australia. Supported by Australian Laws such as The Criminal Code Act 1995 and The Commonwealth Marriage Act 1961 as well as protection by international human rights, individuals, especially women are now speaking up against this slave-like practise.
The Commonwealth Marriage Act 1961, outlines that 16 is the legal marriage age and marriage can not be forced. The Criminal Code Act 1995 was amended on March 8 2013 in order to introduce the criminalisation of forced marriage, as a result of the increase pattern of individuals aged …show more content…

This article signed by the Australian government allows individuals globally to gain protection from cruel and unjust activities that rise from forced marriage such as domestic violence. The United Nations General Assembly, officially declared in Paris, 10th December 1948 protects individuals internationally. Article 4 of the United Nations Assembly, states that “no one shall be held in slavery or servitude”, as forced marriage is recognised in the Australian constitution as a slave like practise it is clearly prohibited. In addition, article 16 states that “marriage shall be entered into only with the free and full consent of the intending spouses”. Both the article holds similar details as the Commonwealth Marriage act 1961 and the criminal amended act 2013, as both protect individuals from being exploited and criminalise those involved. The Australian domestic law have successfully upheld their obligation internationally by having their laws and regulations similar to the international laws, which strongly protects an individual.
Internationally there are 14 million forced marriages per year. The top three countries which practise forced marriages are Niger, Bangladesh and Chad. On the other hand, countries such as Norway, have also imposed strict rulings, for example, Section 222 of the Norweigion Penal code prohibits a person to be entering a

Show More
Related

Universal Human Rights In Elie Wiesel's Night

545 Words | 3 Pages

Universal human rights are the rights that every human is entitled to. They cannot be taken away from anyone. Although many of these were violated in “Night” like Article 1 (Right to equality), Article 2 (Freedom of discrimination), and Article 4 (Freedom of slavery). Article 1-The right to equality was violated in Night. In page 28, paragraph 6, the

Read More

Key Events Of The Whitlam Labor Government Between 1971 And 1975

1101 Words | 5 Pages

Forty years ago, Australia saw the introduction of the Family Law act which, in turn, gave women rights to their own marital status and helped to remove the negativity against being divorced. The old system was said to be “pointless” as it became near impossible to prove a default within a marriage. The Family Law Act has not only impacted divorce itself but also the stigma attached to marriage. Since the new policy was introduced, the idea of marriage being a “necessity” of spending your life with someone is slowly fading away. Most couples are now, prior to marriage living together and have started a

Read More

Unit 8 P4

1221 Words | 5 Pages

Defences to rape under Section 1 of the SOA 2003 often arise from (but are not limited to) the

Read More

Research Paper On Hammurabi Code

508 Words | 3 Pages

But i think that you should never bind them in the cast of water unless you die. Then this is my evidence in law 129 that they should get married but keep it. Then human life is valued, Marriage is valued then “Then the strong should be ever weak. My second part of evidence is in law 168 talking about if a man has determined to disinherit his son and ever be declared. And then it is like harsh not really right for that to be like that

Read More

Have Legal Means Been In Response To The Recognition Of Same-Sex Rights In Australia

823 Words | 4 Pages

Firstly the Property (Relationships) Act 1984 (NSW) played a highly significant role in providing legal recognition and protection for same-sex families. This legislation included same-sex couples in the definition of ‘de facto’ relationships meaning they now had legal recognition and the same rights as heterosexual couples under Australian law. As well as this, same-sex couples were also afforded rights and recognition in issues of property division and handling relationship contributions. The legal support same-sex couples now had was essential in applying the rule of law in Australian society. Additionally, the Miscellaneous Acts Amendment (Same Sex relationships) Act 2008 (NSW) also aimed to provide legal recognitions and rights to same-sex families/couples, similar to the Property (Relationships) Act 1984 (NSW).

Read More

'Marry-Your-Rapist' By Somini Sengupta Summary

419 Words | 2 Pages

The article follows the gradual repeal of the “Marry-Your-Rapist” law, which states that if a person convicted of rape marries the victim of the incident for at least three years, then they are able to evade prosecution. Sengupta exposes the consequences of this law, providing two separate stories of rape victims who ended up dead because of this policy. She also mentions that this loophole is present in countries other than the Arab territories, stating, “the Philippines, a predominantly Catholic country, still has a marry-your-rapist loophole . . . Until 2006, so did Uruguay, and until 1994, so did France . . . And in Turkey, the government proposed last November

Read More

Domestic Violence In Australia Essay

1407 Words | 6 Pages

The Impact of Domestic Violence on the Aboriginal Community Domestic violence in Aboriginal community is a cause for concern regarding Aboriginal women 's health and safety. According to Kubik, Bourassa, and Hampton (2009) “In Canada, Aboriginal women have faced destruction in their communities and families as a result of multiple forms of oppression. Aboriginal women experience the highest rates of violence and abuse of any population in Canada”(p.29). Domestic violence is defined by Merriam-Webster’s Online Dictionary (2015) as “ the inflicting of physical injury by one family or household member on another; also: a repeated or habitual pattern of such behavior”. The objective is to look at the cause of domestic violence aimed at Aboriginal

Read More

Family Structures In Australia Essay

614 Words | 3 Pages

Family structures within our Australian society vary from family to family, each family is individual and made up of members of different ages, genders and personalities; each family will have one or more backgrounds living within the same household and religions also vary from household to household. Family structures in australia are continually changing statistically, more families are being formed via adoption, through same gender parents, blended families. According to the ABS (Australian Bureau of Statistics), from the year 1986, to the year 2001, the sum of one-parent families in Australia has significantly increased by 53%. This increase partakes in many factors such as increasing divorce rates, births to young couples who separate

Read More

Why Is Non Consensual Sex In Marriage Be Rape

974 Words | 4 Pages

Engaging in sexual intercourse without one’s consent is considered rape regardless of marital status. Can a legally married man, be guilty of raping his wife? Contemporary rape law needs much revision! Non-consensual sex is a global occurrence that is said to be widely prevalent, yet not all cases are reported and those which are reported are not taken seriously by law enforces. “Non-consensual sex (NCS) refers to sexual relations in which there is a lack of full and free choice in decisions by any of the partners to engage in such sexual relations” (Gharoro, 2011, p. 190).

Read More

Marital Rape Immunity In Australia

424 Words | 2 Pages

The first settlement of colonies in Australia received the English common law, which was in turn adopted as Australian common law. The adopted laws included the 18th century proposition that ‘marital rape immunity’ prevented a man from being convicted of the rape of his wife, because she was presumed to have given general consent to sexual intercourse with him upon marriage. This suggestion of ‘marital rape immunity’ may be traced to ‘Sir Matthew Hale's The History of the Pleas of the Crown’. In the early common law, the offence of rape did not extend to the matrimonial relationship: Thus, a husband could never be charged or convicted of raping his wife.

Read More

Legal Response To Human Trafficking

1514 Words | 7 Pages

The legal and non-legal responses to the contemporary issue of human trafficking and slavery (HTS) are effective to a certain extent, but is increasingly being questioned. Human trafficking (HT) is the commercial trade or trafficking in human beings for the purpose of some form of slavery, usually involving recruiting, transporting or obtaining a person by force, coercion or deceptive means. Slavery involves a form of forced or bonded labour, with or without pay, under threat of violence. The United Nations (UN) outlines the ban on slavery and torture under Articles 3 and 4 of the Universal Declaration of Human Rights (UDHR), stating that “no one shall be held in slavery or servitude or be subjected to torture or to cruel, inhuman or degrading

Read More

Essay On Arranged Marriage In Romeo And Juliet

949 Words | 4 Pages

As much as even the most cultured person would like to think arranged marriage is in the past, there are still many cultures and countries today that consider this a tradition. It just so happened that on a beautiful, sunny Wednesday last week, I was scrolling through my news feed. Instantly, an article titled ‘Forced Marriage’ grabbed my attention. This news article reported that unbeknownst to a vulnerable young girl from South Asia, her wicked parents had made the decision to arrange a marriage with her male cousin.

Read More

Should Gay Marriage Be Legalized In Australia Essay

559 Words | 3 Pages

The United States of America, Canada, New Zealand. All of these countries are fairly similar to yours, in the way that all are civilized and well-developed, as well as English-speaking. What unfortunately sets Australia apart from other countries is that it does not allow a large portion of its citizens to be married, due to the fact that same-sex marriage has not been legalized. 4.7% of the citizens in Australia are LGBT and are unable to make their love official by marriage.

Read More

Key Arguments Against Same-Sex Marriage In Australia

889 Words | 4 Pages

Australia. A country who prides itself on being a multicultural nation that opens its arms and welcomes different people from all across the globe. So why aren't we opening the same welcoming arms to the LGBTI community, to gay Australians? Why are we discriminating against some individual differences but welcoming and celebrating others? According to the Australian Human Rights Commision, 11 in 100 Australians are of diverse sexual orientation, this means they identify themselves as anything other than heterosexual but most commonly as gay, lesbian, bisexual, transgender, no gender or gender fluid.

Read More

Tess Durberville Analysis

1822 Words | 8 Pages

As only Victorian women are subjected to chastity, men could carry out sexually promiscuous acts whereas women are deemed “fallen” for sexual impurity. This double standard was crystallised and institutionalised in the Matrimonial Causes Act, allowing men to obtain a divorce when their wives committed fornication, but denying women the same

Read More

More about What Is Forced Marriage In Australia Essay

Related Topics

Open Document