Thursday, September 19, 2013
Immigration Article of the Day: The Right to Say I Don’t: Forced Marriage as Persecution in Asylum Law in the United Kingdom, Spain, and France by Alicia Lobeiras
The Right to Say I Don’t: Forced Marriage as Persecution in Asylum Law in the United Kingdom, Spain, and France by Alicia Lobeiras Independent August 30, 2013 Columbia Journal of Transnational Law, Vol. 52, 2014
Abstract: This Note aims to compare the way that forced marriage is, or is not, viewed as persecution under the domestic asylum laws and regulations of the United Kingdom and two other European nations — Spain and France. First, this Note will provide a background on the law of asylum, its international origins and its domestic implementation in the legal systems of the United Kingdom, Spain and France. Additionally, this Note will compare how these three States address the practice of forced marriage. Whether forced marriage is considered persecution under their respective domestic systems of asylum law differs between the States and in varying degrees, often diverges from, and fails to comply with, international standards. These differences in how forced marriage in substantively treated by these three European countries is especially problematic given the growing procedural harmonization among the countries, leaving victims of forced marriage with fewer options and opportunities for asylum protection. Finally, this Note will argue that there should be domestic, regional and international solutions implemented to ensure the protection of victims of forced marriage.