Criminalization or ‘multiculturalism without culture’? Comparing British and French approaches to tackling forced marriage

In seeking to tackle forced marriage, Britain and France have begun to shift away from strategies that prioritize the protection of the state's interests and values over the rights of women and individuals: politics have, to a degree, given way to human rights concerns, but neither have been reconciled with the challenges presented by multiculturalism. This paper compares not only the legislation adopted by the two countries, but the politics concerning religious and cultural differences that have driven their approaches. Britain's Forced Marriage (Civil Protection) Act 2007, a law designed specifically to aid victims, represents a step in the right direction in terms of protection and prevention. However, recent plans to criminalize forced marriage may undo much of this good work, driving the practice underground. Meanwhile, France has opted for criminalizing some socio-cultural practices (including the niqab and burqa) but not others (including forced marriage), seeking instead to strengthen existing civil and criminal laws that can also be used to tackle forced marriage. Both approaches have their pros and cons, but ultimately Britain and France – like the rest of the world – must find a way to reconcile multiculturalism with human rights: the law is key for mediating and negotiating between these competing values, but specifically criminalizing certain practices associated with minority communities is counter-productive. ‘Multiculturalism without culture’ offers the most promising way forward, ensuring that the state works with civil society and non-governmental organizations to embrace cultural and religious differences while upholding international law on human rights, including the right to freely consent to marriage.