Rights Lab project lead: Helen McCabe. In collaboration with Karma Nirvana and Walk Free
Funder: Arts and Humanities Research Council (AHRC)
Duration: January 2020-January 2022
Programme: Law and Policy
Since 2017 the International Labour Organisation (ILO) has included forced marriage in its Global Estimates of Slavery (GES). The ILO estimates that 15 million of an estimated 40 million enslaved people are in forced marriage (as opposed to forced labour). The inclusion of forced marriage in the GES has not only greatly increased the number of people recognised as living in slavery, but revealed the gendered nature of modern slavery: though men are also victims of forced marriage, women and girls now account for 71% of all modern slavery victims (including forced marriage) according to the ILO’s estimates. This inclusion in the GES came after forced marriage was named as a form of sexual slavery at the International Criminal Court. Then in 2018, after the first successful English prosecution for forced marriage, the UK NGO Karma Nirvana called for similar cases to be prosecuted under the Modern Slavery Act. Forced marriage and slavery are thus being linked on the national and international stage. This raises questions about the relationship between forced marriage and slavery. The relationship is neither immediately obvious, nor made plain in international or domestic law. The SDGs treat forced marriage and modern slavery separately (SDG targets 5.3 and 8.7 respectively). The definition of slavery in the 1920 Slavery Convention is treatment of one person as property by another. With forced marriage, however, the focus is on lack of consent to the initial ceremony. Treatment as property and lack of consent may be connected, but they are not identical. 'Forced marriage', then, is not obviously a form of slavery, liable for inclusion in the GES. The project is the first attempt to explain why certain types of marriage should be seen as forms of modern slavery, rightly included in the GES. It is answering the questions: To what extent, if any, is forced marriage a form of modern slavery? Does forced marriage as currently defined in law really encapsulate the normative problem? What types of marriage, if any, ought to be seen as forms of modern slavery?