Anne-Marie Hutchinson - OBE Partner, Dawson Cornwell Solicitors - DFID Girl Summit 2014

"I wanted to look at the English statute, ... which is the Forced Marriage Civil Section statute, more in a holistic [than legalistic] way and how it might be a template to be used in other jurisdictions... and used for other issues such as FGM...." Anne-Marie Hutchinson

Panel Discussion: Spotlight on Progress - "Prevention and Safeguarding: Protecting Those at Risk"

Context:  This presentation is from one of the 14 "Spotlights on Progress" video-recorded sessions from the Girl Summit 2014, London, United Kingdom (UK). The sessions were organised to share best practice between practitioners, grassroots activists, and government ministers across the issues of female genital mutilation (FGM) and child, early, and forced marriage (CEFM). Girl Summit is a project of the Department for International Development (DFID), UK.

A featured panelist of this Spotlight session was Anne-Marie Hutchinson, OBE (Officer of the Most Excellent Order of the British Empire) Partner, Dawson Cornwell Solicitors, who presented on "Force Marriage Civil Protection Orders, UK."

Profile of speaker: "Lawyer Anne-Marie Hutchinson ...of Dawson-Cornwell Solicitors specialises in domestic and international family law and the international movement of children. Anne-Marie ...share[d] her experiences of Forced Marriage Protection Orders (FMPOs) in the UK, looking at lessons learned from using FMPOs in a range of scenarios." From the Dawson and Cornwell website: "Anne-Marie is accredited by Resolution as a specialist family lawyer with specialisms in forced marriage and honour based violence, child abduction and children law. She was awarded the inaugural UNICEF Child Rights Lawyer award in 1999. She received an OBE for her services to international child abduction and adoption in the 2002 Queen’s New Year’s Honours List....She is the Chair of the Board of Trustees of Reunite: International Child Abduction Centre....She is a Governor at Large of the International Academy of Matrimonial Lawyers....She is a member of the National Commission on Forced Marriage at the House of Lords."

Strategy overview: Hutchinson outlined the details of the UK FMPO and stated that it offers a civil, not criminal, remedy to protect victims or potential victims of forced marriage and those already in a forced marriage.

Hutchinson described the FMPO as extending to anyone who is being or might be forced into a marriage, thus allowing a wide application that can include protection from acts that include abuse, molestation, forced marriage, and forced attendance at marriage ceremonies. The level of proof needed is based upon the probability of a mforced marraige - "a disclosure [of possible forced marriage] is probably enough." It can mandate behaviours, such as giving the child's passport to the police, court, or social services, and it can mandate bringing the victim to authorities, including overseas, to a consulate at a mandated time. Those who can apply for help include the victim, relatives, teachers, social services, police, a non-governmental organisation (NGO), etc. The order can be applied to anyone involved as a possible defendant, not just the immediate perpetrators: family members forcing the marriage, the groom, the person conducting the ceremony, etc. According to Hutchinson, it can be protective for a lifetime and can be used as a restorative measure to "set aside" a marriage. And it can be used to help ensure safety via identity changes, for example, a name or national insurance number.

Details of its application include: "The Forced Marriage (Civil Protection) Act 2007 came into force on 25 November 2008. It offers a civil remedy, known as a forced marriage protection order, to protect victims or potential victims of forced marriage, and those already in a forced marriage. Orders can include forbidding a person to be taken overseas, or ordering that they be returned to the UK. They can be directed to a wide range of perpetrators, including those overseas.  The FMPO process is often used alongside other protective measures, especially where the victim is a child or vulnerable adult. FMPOs are focused on the protection and restoration of the victim and will continue to be used alongside new legislation which criminalises forced marriage. Scenarios [were used in the presentation] to illustrate the interaction of FMPOs with other protection processes, including partnership working between the Police, Social Services, the Forced Marriage Unit, Her Majesty’s Passport Office, NGOs and the court. Restorative measures, declarations of non-valid marriage and nullity, [were] also explained."

Overview of this Summit Session: From the Girl Summit summary document: "This spotlight explores what can be done to safeguard girls who are at risk of child, early and forced marriage or FGM, or who have already undergone one of these practices. Focusing on the roles that both communities and agencies can play, it showcases examples of programmes, tools and partnerships which can be used to help protect girls in a range of different contexts.

The session is opened by Marta Santos Pais, UN Special Representative for the Secretary General on Violence against Children.

The speakers, in order of appearance, are:
Stella Nkrumah-Ababio West Africa Region Child Protection Advisor, World Vision - Child protection initiatives, Sierra Leone, with insights from Nepal
Dr Emma McLaren Joint Head, Forced Marriage Unit, Home Office and Foreign and Commonwealth Office - The Forced Marriage Unit, Government of the United Kingdom
Anne-Marie Hutchinson OBE Partner, Dawson Cornwell - Force Marriage Civil Protection Orders, UK
Nafissatou Diop Co-ordinator, UNFPA-UNICEF Joint Programme on FGM/C - Service delivery for prevention, protection and response to FGM, Africa
Keith Niven Detective Chief Superintendent, Metropolitan Police, London - Operation Limelight/Community Engagement FGM Conference, UK

The session is moderated by Ikenna Azuike, the founder of What's Up Africa, a provocative, entertaining internet programme about African news, initiatives and people."

Footage of this (available below) and other "Spotlights" are available on DFID’s YouTube channel.

The Girl Summit is a project of DFID. Click here and scroll down to see the full list of individuals and organisations committed to working on girls' issues, as well as a list of Girl Summit Charter signatories.