Annex G Aide for Consultation Events/Workshops
The questions below are a simplified version of some of those included in the consultation questionnaire and are designed to cover the key areas of the consultation in more accessible language. These may be useful to facilitate discussion with a range of people who have views on, or are affected by forced marriage. We have also included a user-friendly description of civil law.
We are a happy to receive the responses to these questions in the most convenient format to your organisation.
What is civil law?
Civil law covers many areas of life including family law. Family law includes the rules about marriage and divorce, and other things such as the legal relationship between parents and children.
If someone has a problem they can ask a court to help. For instance, if a woman says she was forced into a marriage, the court can listen to evidence from both sides and make a decision about whether the marriage was valid. The court can make an order to say that the marriage is not valid in law. Civil law can also protect people in other ways, such as providing an interdict. An interdict is an order from the court telling someone to stop doing something or to ban them from a certain place.
Question: Are there any difficulties in using civil law in Scotland to help resolve cases of forced marriage? - YES, NO or DON'T KNOW?
- (a) If YES - What are these difficulties?
- (b) Why do you think these difficulties exist?
Question: Do you think that existing civil laws in Scotland are enough to protect people from being forced into a marriage? - YES, NO or DON'T KNOW?
- (a) If YES - Why do you think existing laws are enough?
- (b) If NO - Why do you think existing laws are not enough?
Question: The forced civil marriage law in England and Wales can be used against anyone else encouraging, helping or plotting with the main person who is forcing a marriage, should this be introduced in Scotland? - YES, NO, or DON'T KNOW?
- (a) If YES - if this was introduced what do you think the benefits would be?
- (b) If NO, why do you think this should not be introduced in Scotland?
Question: As part of the forced civil marriage law in England and Wales the UK Government is going to issue guidance to organisations on how to help people who are affected by forced marriage, do you think the Scottish Government should issue its own guidance? - YES, NO, or DON'T KNOW?
- (a) If YES, why do you think the Scottish Government should issue guidance?
- (b) If NO, why do you think the Scottish Government should not issue guidance?
Question: Is there enough protection in Scotland for children and young people under 16 affected by forced marriage? - YES, NO, DON'T KNOW?
- (a) If NO, what do you think is missing from the protection available?
- (b) How do you think these gaps in protection can be filled?
Question: If Scotland introduces a civil law on forced marriage, do you think it should cover forcing someone into a same sex civil partnership - YES, NO or DON'T KNOW?
- (a) If YES, why do you think legislation should cover civil partnerships?
- (b) If NO, why do you think legislation should not cover civil partnerships?
Question: On balance, do you think the Scottish Government should introduce new protection for people who might be forced into marriage - YES, NO, or DON'T KNOW?
- (a) If YES, why do you think that the Scottish Government should introduce more protection AND what type of protection do you think they should introduce?
- (b) If NO, why do you not think the Scottish Government should not introduce more protection?
Question: Are you/your organisation currently working to address forced marriage?
Question: Other than legal protection, what other help could the Scottish Government put in place to support people affected by forced marriage?
Question: Do you think organisations in Scotland need to improve the way they deal with cases of forced marriage? - YES, NO or DON'T KNOW?
- (a) If YES, who needs to improve?
- (b) How do you think these organisations you included in answer (a) could improve?
Question: Do you want to tell us anything else about the issues raised in the consultation?