Forced Marriage among Persons with Intellectual Disabilities: Discussion Paper
Leonard Cheshire Disability and Inclusive Development Centre, Working Paper Series: No. 27
11 Pages Posted: 31 May 2019
Date Written: December 9, 2014
Abstract
Global human rights laws grant all individuals with disabilities, including individuals with intellectual disabilities, the right to marry and have families. In those cases however, where marriages are arranged between an individual with an intellectual disability and another (whether non-disabled or disabled) against the will of the intellectually disabled person, such marriages can be considered forced. According to the UK government, a forced marriage ‘is a marriage conducted without the valid consent of both parties, where duress is a factor’.
This paper comments on the ‘forced marriage’ of persons with intellectual disabilities, a practice found within several ethnic and minority communities in the UK, where arranged marriages are common. While arranged marriages are entered into with the consent of both potential spouses, in forced marriages it may well be the case that at least one of the parties is unable to consent due to lack of capacity. In such cases, coercion is implicit. We believe that this practice is not unique to the UK and globalisation and international migration has increased the risk of persons with intellectual disabilities being forced into social contracts such as marriage, of which they have little understanding. The implications of such marriages for persons with intellectual disabilities themselves as well as for their partners and their families are significant and need to be more widely acknowledged and discussed.
Keywords: Forced Marriage, Intellectual Disability, Disability, Human Rights, Migration
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