Submission to the Attorney-General's Department's Enhancing Civil Protections and Remedies for Forced Marriage Consultation Paper
8 October 2024
PWDA welcomed the opportunity to provide input to the Attorney-General's Department's Enhancing Civil Protections and Remedies for Forced Marriage Consultation Paper.
PWDA regularly participates in state, federal and international policy processes concerning modern slavery. This is to ensure modern slavery efforts are disability inclusive.
Three other disability organisations endorsed this submission:
Australia has a lack of data about the nature of forced marriage of people with disability and how often it occurs. The United Kingdom's (UK) Forced Marriage Unit reported that in 2023 that 24% of forced marriage cases involved victim-survivors with 'mental capacity concerns'. UK literature focused on victim-survivors with intellectual disability.
This submission focuses on intellectual disability, whilst acknowledging other groups may make up the 24% of cases.
The submission explores
- the nuances of forced marriage of people with intellectual disability,
- awareness raising and education,
- gaps in legal protections to prevent and respond to forced marriage.
Recommendations:
Recommendation 1 - Co-design and co-produce a research study to better understand forced marriage of people with disability.
Recommendation 2 - Start collecting data on whether people at risk of, or in a forced marriage have disability, the type(s) of disability and the supports they receive.
Recommendation 3 - Education and awareness raising activities to include specific sections and modules on forced marriage of people with intellectual disability.
Recommendation 4 - Accessibly co-design and co-deliver education and awareness raising about forced marriage of people with disability. Focus on including people with Intellectual Disability and representative organisations.
Recommendation 5 - Target education and awareness raising of forced marriage to people with disability, disability advocacy services, disability service providers, disability safeguarding and oversight mechanisms, healthcare providers, marriage celebrants and Government agencies that assist people with disability.
Recommendation 6 - Amend the Code of Practice for Marriage Celebrants to require celebrants ensure that people with intellectual disability have access to independent supported decision-making before deciding whether to marry, and that the decision to marry represents the person's genuine will and preferences.
Recommendation 7 - Amend the Guidelines on the Marriage Act 1961 for Authorised Celebrants to provide people with disability with supported decision-making to exercise their right to legal capacity. Include steps celebrants can take when they suspect a person with disability is being forced to marry, including referral to individual advocacy services.
