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Forced marriage and severe restrictions on young people's freedom 107

4.2 Forced marriage, female genital mutilation and severe restrictions on young

4.2.2 Forced marriage and severe restrictions on young people's freedom 107

 Out of the ones who marry, many immigrants from Asian and African countries find spouses from the same country as themselves. This also applies to immigrants from several countries in Europe, especially those who came to Norway as labour migrants.

 The number of Norwegian-born persons with immigrant parents of marriageable age has risen, but there is no equivalent increase in the number of marriages entered into among them.1 The number of persons who come to Norway to start a family with a Norwegian-born person with immigrant parents is low. The figure has been about 200 persons annually since 2000. About half of the 200 have been reunified with

Norwegian-born persons with a Pakistani background, and those who marry find their spouse in Norway more frequently.

 Among Norwegian-born persons with a Turkish or Pakistani background, it is still common to have a spouse with an immigrant or similar background. The probability of having a partner with a similar background is slightly lower among those whose parents were born in Vietnam, India and Morocco.

 Age and level of education have an impact on the choice of spouse. Those who marry at a young age and whose highest level of education is lower secondary school, are slightly more likely to have a partner with a similar background.2

Influence on the choice of spouse

Young people with an immigrant background were asked in two surveys how much influence they have over their choice of partner. The question from Statistics Norway read as follows: "To what extent did you have an influence on (a) the decision to marry, and (b) the choice of spouse?" There was a high drop-out level from this study, and those who answered chose the highest alternative "very strong influence".

Fafo's study covers persons who have migrated themselves, in addition to a sample of young Norwegian-born persons with a Pakistani background. The drop-out level from this study is low, and the answers are split among the different alternatives. The respondents were asked: "Parents can contribute in different ways when their children are looking for a spouse.

When you married, would you say that (a) it was your decision alone who you would marry, (b) you made the decision, but listened to your parents' opinions, (c) your parents made the decision, (d) your parents made the decision but listened to your opinion, (e) none of the above/do not want to answer."3

Both men and women stated that their parents had chosen their spouse, but women on average more frequently than men. Out of 463 respondents aged 20–34, the answers were broken down as follows:

 The respondent's decision alone 42.8 per cent

 Made the decision, but listened to their parents 27.4 per cent

 The parents made the decision 8.9 per cent

 The parents made the decision, but listened to the young persons 19.9 per cent

 Do not know 0.2 per cent

 None of the above 0.6 per cent

 Do not want to answer 0.2 per cent

1 Sandnes & Henriksen (2014)

2 Wiik (2014) and Bredal & Wærstad (2014)

3 Gulløy (2006) and Kavli & Nadim (2009)

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Queries to the central support services that combat forced marriage show that the backgrounds, ages and circumstances of the persons who ask for help are different. They range from recently-arrived refugees in asylum reception centres to youths who were born in Norway and grew up here. The number of queries increased from 2008 to 2014. The minority counsellors at lower and upper secondary schools receive most questions regarding control, threats and fear of forced marriage. Their experiences show that preventive work to combat forced marriage allows them to identify children and youths who are victims of different forms of psychological and physical violence in close relationships. They are told about threats, violence and different forms of control that impose severe restrictions on the self-realisation of young people. The team of experts for the prevention of forced marriage and female genital mutilation has the largest share of cases regarding fear of and completed forced marriage, threats and honour-related violence. To an increasing extent, the work of the

integration counsellors at Norwegian foreign service missions covers children, youths and women who have been left in another country against their will. Experiences show that better and earlier intervention in Norway could have prevented these cases. This is why it is

important that the support services in Norway have the competence both to prevent this from happening, and to protect and assist the victims.

Efforts to combat forced marriage

Youths who have been forced to marry, been threatened with forced marriage or other honour-related violence and have broken with their family and network, often have great difficulty building a new life. There is room in the national housing and support scheme for people over the age of 18 who need protection. The Government increased funding for this scheme in the 2014 and 2015 budgets, and a total of NOK 13.2 million has been allocated for 2015. Funds have also been set aside in order to find good models for better organisation of the scheme. The Institute for Social Research recently charted the work with activity therapy in the housing scheme.54 This is the first time that the users have been asked to provide input to charting. The recommendations in the report match the input from voluntary organisations.

Follow-up must be improved in order to achieve a better transition to an independent life after staying in a centre. It must be presumed that it is not possible to identify all cases, and that there is substantial under-reporting. The Government will reinforce the national housing and support scheme for persons over the age of 18. The funding has been mentioned in the Ministry of Children, Equality and Social Inclusion's proposal for the 2016 national budget.

Box 4.5 Et spørsmål om ære?

In 2013–2014, the Sør-Trøndelag Mediation Service carried out the project Et spørsmål om ære? [A question of honour?]. The project tests assisted dialogue in cases

regarding forced marriage, female genital mutilation and severe restrictions on young people's

54Institute for Social Research report 2014:13.

freedom through training, professional development and development of methods. The main purpose of the project is better care for victims of honour-related violence. The Mediation Service collaborates with the Multicultural Information and Dialogue Centre in Trondheim.

Together, they have developed a conversation method based on reflection on cultural

differences. The topics discussed during the conversations between the victim and the family are freedom, friends, boy/girlfriends, raising children, forced marriage, education and work.

Also the child welfare service and the police have been key partners in the project.

At the end of 2014, 32 cases were linked to the project. The cases dealt with youths who experience severe restrictions on their freedom, family conflicts associated with the choice of partner, and violence and threats against spouses. The project will continue in 2015, and will be evaluated.

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Amendments to the legislation to combat forced marriage.

Effective enforcement of the rules is important in relation to prosecution and the preventive effect of legislation in cases regarding violence. Forced marriage may occur in formally contracted marriages and in marriages contracted through extrajudicial agreements and religious ceremonies. This affects persons both over and under the age of 18. Court cases have shown the prosecuting authorities that the provisions in the General Civil Penal Code to prevent forced marriage and child marriage, i.e. Sections 222 and 220, should be amended in order to include the contracting of marriage through extrajudicial agreements and religious ceremonies. The Institute for Social Research has charted extrajudicial religious marriages, and has reviewed criminal cases where forced marriage was part of the matter under

prosecution. The findings in the report support the experiences of the prosecuting authorities and illuminate several aspects of the current legislation governing the contracting of

marriage.55 The Government will investigate whether the current state of the law is adequate for effective enforcement of the legislation against forced marriage.

The Ministry of Justice and Public Security has initiated a consultation process regarding a proposal for amendments to the Immigration Act and Regulations designed to counteract forced marriage. The measures include introduction of an age limit of 24 to start a family, and raising the maintenance requirement in cases regarding family reunification. The Ministry of Justice and Public Security is working on this matter.

4.2.3 Female genital mutilation

Very few cases have been reported of female genital mutilation performed on girls after they have moved to Norway. However, a large group of girls and women have been mutilated prior to coming to Norway, and they have varying needs for health care. The

incidence of female genital mutilation is particularly high in certain African countries in a belt around the Sahara, and in several countries in the Middle East. In many cases it is a tradition

55Bredal & Wærstad (2014)

among certain ethnic groups and not throughout the country. Immigrant groups in Norway from countries where female genital mutilation is practised extensively include Eritreans, Ethiopians, Gambians and Somalis. The integration counsellors, minority counsellors and the team of experts for the prevention of forced marriage and female genital mutilation have received few queries regarding fear of or the carrying out of female genital mutilation. No cases regarding female genital mutilation have been heard by the Norwegian courts.

This practice is banned in many of the countries in which female genital mutilation occurs. Nevertheless, it is practised extensively. Norway's international work to combat female genital mutilation is discussed in Chapter 7.

Women and girls will continue to come to Norway in the years ahead, having been mutilated in their country of origin. The health and care services must be prepared to help them.

Work to combat female genital mutilation

New cases of female genital mutilation will be prevented by offering good health and care services, providing information to new arrivals, and talking to victims. Victims must receive the help they need. Studies show that the migration process plays a major role in attitudes regarding female genital mutilation, and that many people change their minds after migrating to a country where female genital mutilation is banned and not practised.56 Even though it is positive to see that attitudes are changing among immigrants from areas where female genital mutilation is practised extensively, it is important that the authorities continue the work to raise awareness of the impact on health and to inform immigrants that female genital mutilation is a serious criminal offence.

The Government will work with prevention, and share knowledge about the negative effects on health of female genital mutilation, and about the offering of the health and care services. This can be done by increasing funding for information work and support groups for women and health care workers. It is assumed that greater knowledge about health issues will help parents to resist the mutilation of their daughters.

Female genital mutilation is a serious criminal offence, but no convictions have yet been made pursuant to the provision in the General Civil Penal Code. The police have received 46 complaints that have been dropped. Reviewing the cases that have been dropped will provide greater knowledge about the police's work to combat female genital mutilation and a better understanding of how the current legislation is applied. In conjunction with the Ministry of Justice and Public Security, the Ministry of Children, Equality and Social Inclusion will review all of the cases that have been dropped.