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Female Genital Mutilation has been described by the U.N. as a 'critical human rights issue' and as a consequence, several jurisdictions, including England and Wales, have enacted specific legislation to combat the practice. This paper considers FGM from a human rights standpoint and analyses the law in England and Wales in the light of this. Although arguments have been presented to support the continuance of the practice, the opposing arguments are more compelling, particularly in relation to child victims. The law in England and Wales reflects this perspective, adopting a strong universalist human rights approach to FGM. The stance initially taken i.e. to criminalise FGM, was criticised because the law was not utilised and in response, civil protection measures were introduced. This paper concludes that the latter have been more useful than the criminal provisions and impact private and family life to a lesser degree than other civil law alternatives. But whether they will continue to be effective, following the Court of Appeal judgment in Re X which set aside a global travel ban because it violated the right to private and family life and had not been fully justified, remains to be seen. [ABSTRACT FROM AUTHOR]

In a decision endorsed by the Court of Appeal, the High Court in Hudson v Leigh (Status of Non-Marriage) has confirmed that English and Welsh law recognises the concept of non-marriage or non-existent marriage. This commentary examines the definition of non-marriage and argues that the criteria established by the High Court in Hudson v Leigh should better protect members of minority ethnic groups who go through a religious ceremony without realising that it will not effect a lawful marriage, It also considers whether English law would recognise the concept of a non-existent civil partnership, an issue that the court in Hudson v Leigh did not have to address. [ABSTRACT FROM AUTHOR]

The Family Division of the High Court recently exercised its inherent jurisdiction to prevent a vulnerable adult from being force into marriage. This commentary explains why the prevention of forced marriages is preferable to the annulment of such marriages, It also examines the impact of enacting the proposals contained in the Government Consultation Paper 'Forced Marriage — A Wrong not a Right' which considers criminalising various activities associated with forced marriage. [ABSTRACT FROM AUTHOR]

In Sheffield City Council v E and Another, the Family Division of the High Court recently held that an individual has capacity to many if he or she understands the nature of the marriage contract, ie that marriage normally involves certain obligations. The court then proceeded to define the rights and responsibilities that normally attach to marriage. This commentary considers the level of knowledge required to satisfy the test for capacity to marry. It assesses whether the rights and responsibilities referred to in the case are actually legal obligations and considers whether they are simple enough for an ordinary person to understand. [ABSTRACT FROM AUTHOR]