A forced marriage is a marriage in which one or more of the parties is married without his consent or is against his will. Forced marriage is different from matchmaking, in which both parties approve the help of their parents or third parties (like matchmakers) in choosing a mate. There is often forced coercion used to force marriage, from direct physical violence to subtle psychological pressure. Forced marriages are still being made in cultures around the world, especially in parts of South Asia and Africa. Some scholars object to using the term "forced marriage" because the term begs a consensual legal marriage language (such as a spouse) for an otherwise contrary experience. Various alternatives exist, including forced husband-wife associations, and conjunctive slavery.
The UN view forces marriage as a form of human rights violation, because it violates individual freedom and autonomy principles. The Universal Declaration of Human Rights states that the right of a person to choose a spouse and enter freely into marriage is central to his life and dignity, and equality as a human being. The Roman Catholic Church considers forced marriage grounds for granting a cancellation - in order for marriage to take place, both parties must grant their permission freely. The Supplementary Convention on the Abolition of Slavery also prohibits marriage without the right to reject itself from the wishes of parents, family and others and requires a minimum age to marry to prevent this.
In 1969, the Special Court for Sierra Leone's Appeals Room (SCSL) found the abduction and restraint of women for "forced marriage" in war to be a new crime against humanity (AFRC decision). The SCSL courtroom in Charles Taylor's decision found that the term 'forced marriage' should be avoided and better describes the practice of war as 'common slavery' (2012).
In 2013, the first United Nations Human Rights Council resolution on children, early and forced marriage was adopted; This resolution recognizes child, early, and forced marriages involving human rights abuses that "prevent individuals from their lives free from all forms of violence and which have adverse consequences on the enjoyment of human rights, such as the right to education, [and] the right to a standard the highest attainable health including sexual and reproductive health, "and also stated that" the elimination of children, early and forced marriage should be considered in the discussion of the post-2015 development agenda. "
Video Forced marriage
Konteks historis
Marriage throughout history is organized between families, especially before the 18th century. These practices vary by culture, but usually involve the legal transfer of female dependence from his father to the groom. The emancipation of women in the nineteenth and twentieth centuries changed the law of marriage dramatically, especially in terms of property and economic status. By the mid-20th century, many Western countries had enacted legislation establishing legal equality between couples in family law. The period 1975-1979 saw a massive overhaul of family laws in countries such as Italy, Spain, Austria, West Germany, and Portugal. In 1978, the Council of Europe passed the Resolution (78) 37 on the equality of spouses in civil law . Among the last European countries that established full gender equality in marriage were Switzerland, Greece, Spain, the Netherlands and France in the 1980s.
Regulated marriages are not the same as forced marriages: in the first, the spouse has the possibility to refuse the offer; in the latter, they are not. The line between arranged and forced marriages, however, is often difficult to withdraw, due to implied family and social pressures to receive marriage and obey the parents in everything.
In Europe, at the end of the eighteenth and early nineteenth centuries, the literary and intellectual movements of romance present new and progressive ideas about the marriage of love, which began to gain acceptance in society. In the nineteenth century, marriage practices varied throughout Europe, but in general, matchmaking was more common among the upper classes. Regulated marriages are the norm in Russia before the beginning of the 20th century, most of which are endogamy. Child marriage is an ordinary matter historically, but began to be questioned in the nineteenth and twentieth centuries. Child marriages are often regarded as forced marriages, as children (especially young ones) can not make informed choices about whether to marry or not, influenced by their families.
In Western countries, over the last decade, the nature of marriage - especially with regard to the importance of marriage procreation and the ease of divorce - has changed dramatically, which has led to social and family pressures less to marry, giving more freedom of choice in terms of choosing spouses.
Historically, forced marriages were also used to request prisoners (slaves or prisoners of war) to integrate with the host community, and accept their fate. One example is the British blacksmith John R. Jewitt, who spent three years as a captive of the Nootka people in the Northwest Pacific Coast in 1802-1805. He was ordered to marry, because the leadership council thought that a wife and family would reconcile him to stay with his captors for life. Jewitt was given a choice between forced marriage for himself and the death penalty for him and his "father" (fellow prisoners). "Reducing this sad limb, with death on one side, and marriage on the other, I think it is appropriate to choose what appears to me the least of two crimes" (p154).
Forced marriage is also done by authoritarian governments as a way to meet population targets. The Khmer Rouge regime in Cambodia systematically forced people into marriage, to increase population and continue the revolution.
This wedding ceremony consists of no less than three couples and can be as many as 160 couples. Generally, the village head or senior community leader will approach both sides and tell them that they will marry and the time and place of the wedding will take place. Often, the wedding ceremony will be the first time the future couple will meet. Parents and other family members are not allowed to participate in choosing a spouse or attending a wedding ceremony. The Khmer Rouge states that parental authority is not necessary because "being the mother and father of everybody."
Raptio is a Latin term referring to the abduction of women, abduction for marriage or slavery (especially sexual slavery). This practice is considered to have been common since anthropological times.
In the 21st century, forced marriage has been a concern in European countries, in the context of immigration from the culture in which they are common. The Istanbul Convention prohibits forced marriage. (see Article 37).
Maps Forced marriage
Additional Convention on Abolition of Slavery
The 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery defined "institutions and practices similar to slavery" to include:
c) Any institution or practice:
- (i) A woman, without the right to refuse, is promised or given in marriage on the payment of consideration in the form of money or goods to her parents, carer, family or other person or group; or
- (ii) The husband of a woman, her family, or her clan, has the right to transfer it to others for the value received or otherwise; or
- (iii) A woman who dies of her husband may be inherited by another;
Istanbul Convention
The Council of Europe's Convention on the Prevention and Eradication of Violence against Women and Domestic Violence, also known as the Istanbul Convention, states:
Article 32 - The civil consequences of forced marriage
The parties shall take legislative or other measures necessary to ensure that a lawfully enforced marriage may be canceled, canceled or dissolved without undue financial or administrative expenses placed on the victim.
Article 37 - Forced marriage
1 The Party shall take legislative or other measures necessary to ensure that a deliberate act of forcing an adult or child to enter a marriage is criminalized.
2 The Party shall take any necessary legislative or other measures to ensure that deliberate action to attract an adult or child to the territory of a Party or a State other than the one he lives with the intention of forcing an adult or child to enter into a marriage is criminalized.
Cause for forced marriage
There are many factors that can lead to a culture that accepts and encourages forced marriage. The reasons for forced marriage include: strengthening big family relationships; controlling unwanted behavior and sexuality; prevent 'unsuitable' relationships; protect and adhere to perceived cultural or religious norms; store wealth in the extended family; dealing with the consequences of pregnancy out of wedlock; consider marriage contracts as parent duties; get security against poverty; help immigration.
Consequences
For victims and community
Early and forced marriage can contribute to girls placed in poverty and helplessness circles. Most likely to experience persecution such as violence, harassment and forced sexual relations. This means that women who marry younger in age are more likely to be dominated by their husbands. They also experience poor sexual and reproductive health. Young married girls are more likely to contract HIV and their health can be in danger. Most people who are forced to marry have no education and are often illiterate. Young people tend to drop out just before they get married.
Legislative Consequences
Depending on the jurisdiction, forced marriage may or may not be canceled or irrevocable. The victim may be able to seek redress through cancellation or divorce. In England and Wales, the Matrimonial Causes Act of 1973 stipulates that forced marriages may be canceled. In some jurisdictions, people who force married victims may face criminal charges.
Violence
Forced marriages are often associated with violence, both in the case of violence committed in marriage (domestic violence), and in the case of violence that is inflicted to force participants who are unwilling to accept marriage, or to punish rejection (in extreme cases women) and girls who do not receive marriage are victims of honor killing).
Relationship with dowry and bridal price
Traditional dowries and bride price habits contribute to the practice of forced marriage. Dowry is the property or money brought by the wife (or family wife) to her husband when married. The bridal price is the amount of money or property or property paid by the groom (or his family) to the bride's parents when married. Mahar is mainly practiced in South Asia, while bride prices are more common in Sub-Saharan Africa (see lobolo) and some areas of Southeast Asia (eg Cambodia, Thailand).
Marriage with kidnapping
Marriage with kidnapping, also known as a bridal abduction, is a practice in which a man kidnaps a woman he wants to marry. Marriage with abduction has been practiced throughout history around the world and continues to occur in some countries today, especially in Central Asia, the Caucasus and parts of Africa. A girl or a woman is kidnapped by a groom, often assisted by her friends. The victim is often raped by the groom, because she lost her virginity, so that the man can negotiate the bride price with the village elders to legitimize marriage. The future bride has no choice in many ways, but to accept: if the bride returns to her family, she (and her family) is often ostracized by society because society thinks she has lost her virginity, and she is now 'impure'.
Forced marriage as a way to resolve disputes
Forced marriage is also often the result of family disagreements, where disputes are 'settled' by giving women from one family to another. Vani is a cultural custom found in parts of Pakistan where a young girl is forced to marry as part of a punishment for a crime committed by her male relative. Vani is a form of forced child marriage, and the punishment result is decided by a tribal council called jirga .
Widow inheritance
Widow inheritance, also known as a bridal heritage, is a cultural and social practice in which a widow is required to marry a brother of her late husband, often his brother. This is prevalent in certain parts of Africa. The practice of wife inheritance has also been blamed for the spread of HIV/AIDS.
In armed conflict
In conflict areas, women and girls are sometimes forced to marry men on both sides of the conflict. This practice has occurred recently in countries such as Syria, Sierra Leone, Uganda and the Democratic Republic of Congo. Historically, this is common throughout the world, with women from war enemy communities considered "booty", who could be kidnapped, raped and forced into marriage or sexual slavery. Since women are considered property, it seems reasonable to see them as enemies of war, which can now be adapted and used by the winners.
Forced marriage by spouse
Forced marriages can occur in situations where in unmarried couples, one partner's power (through violence or threats) of another couple entering marriage.
Exit from forced marriage
Ending forced marriage may be very difficult in many parts of the world. For example, in parts of Africa, one of the main obstacles to leaving a marriage is the price of the bride. Once the price of the bride has been paid, the girl is seen as belonging to her husband and family. If he wants to leave, the husband may demand the return of the bride price he has paid to the girl's family. The girl's family often can not or will not pay her back.
Britons who fled from forced marriages abroad were forced to pay their repatriation fees or get into debt. This makes running away from forced marriages more difficult.
Sharia Law
Abu Hurayrah reported that the Prophet said: "A non-virgin woman can not marry without her command, and virgins can not marry without her permission, and that is sufficiently permissible for her to remain silent (because of the transgression)." [Al-Bukhari: 6455 , Muslim & amp; Other]
It is reported in a hadith that A'ishah narrates that he once asked the Prophet: "In the case of a young girl whose parents marry her, should her permission be sought or not?" He replied: "Yes, he has to give him permission." He then said: "But a virgin will be shy, O Messenger of Allah!" He replied: "His solace [is considered] his permission." [Al-Bukhari, Muslim, & amp; Other]
It appears that the permission of the underage bride is necessary for her marriage to be considered valid. Despite the fact that this opinion belongs only to a small minority of the classical scholars, the above narrative seems to clearly make the consent of the bride the conditions for a legitimate marriage contract.
The Islamic marriage contract is concluded between the guardian and groom, not between the bride and groom if she is a virgin but her permission is still required. Guardian (wali) bride can only be a free Muslim.
Shotgun marriage
Wedding rifles are a form of forced marriage caused by an unplanned pregnancy. Some religions and cultures consider it a moral imperative to marry in such situations, on the grounds that premarital sex or extramarital birth is sinful, not approved by law, or stigmatized. Getting married outside can, in some cultures, trigger extreme reactions from family or community, including honor killings.
The term "wedding rifle" is an American everyday language, although it is also used in other parts of the world. This is based on a hyperbolic scenario in which the pregnant woman's father resorted to coercion (such as threatening with a shotgun) to ensure that the male partner that caused the pregnancy did so, sometimes even following the man to the altar to prevent it. escape. The use of violent force for marriage has never been legal in the United States, although many anecdotal accounts and folk songs record examples of such intimidation in the 18th and 19th centuries. The purpose of marriage includes the way out of men for impregnation and to ensure that children are raised by both parents and to ensure that women have material support facilities. In some cases, the main goal is the restoration of social honor to the mother.
Shotgun marriages become less common because the stigma associated with unmarried births gradually fades and the number of births increases; increased availability of birth control and abortion, as well as material support for unmarried mothers, such as Elterngeld, child support, parental leave, and free kindergarten have reduced the perceived need for such action.
By country
Africa
Madagascar
Forced marriages are common in Madagascar. Girls are married off by their families, and often lead to believing that if they reject their marriage they will be "cursed". In some cases, the husband is much older than his wife, and when she becomes a widow, she is discriminated against and excluded by society.
Malawi
According to Human Rights Watch, Malawi has a "widespread child and forced marriage" and half of the girls married before 18. The practice of bridal pricing, also known as lobolo, is common in Malawi, and plays a leading role in forced marriage. The wife's inheritance was also done in Malawi. After marriage, the wife has limited rights and freedom; and the general preparation of young girls for marriage consists of describing their role as subordinate to the husband.
Mauritania
Forced marriage in Mauritania takes three main forms: forced marriage with a cousin (known as maslaha ); forced marriages with wealthy men for financial gain purposes; and forcing polygamous marriages with influential men.
Niger
Forced marriages are common in Niger. Niger has the highest prevalence of child marriage in the world; and also the highest total fertility rate. Girls who attempt to abandon forced marriage are most often rejected by their families and are often forced to enter prostitution in order to survive. Because of the food crisis, girls are sold to weddings. Balkissa Chaibou is known as one of the most famous activists opposed to forced marriage in Niger. Chaibou was 12 when he was told by his own mother that he was going to marry his cousin, and when he was 16, he was taken to court. With little success, Chaibou was forced into a women's shelter before finally being able to return home where he learned that his parents changed views on forced marriage, that they were now against it.
South Africa
In South Africa, ukuthwala is the practice of abducting young girls and forcing them to marry, often with the consent of their parents. This practice occurs mainly in rural areas of South Africa, especially the Eastern Cape and KwaZulu-Natal. The girls involved in this practice are often underage, including some as young as eight. This practice received negative publicity, with media reporting in 2009 that more than 20 Cape Eastern girls were forced to drop out of school each month due to ukuthwala.
Gambia
In 2016, during a party ending the holy month of Ramadan, President Gambia Yahya Jammeh announces that child and forced marriage are forbidden.
Asia
Wedding compensation
Marriage compensation , known for the various vanni , swara and the chatti , is a traditional practice of forced marriage of women. and young girls to resolve tribal hostility in parts of Pakistan and Afghanistan. Although illegal in Pakistan, it is still widely practiced in Pakistan's Khyber-Pakhtunkhwa province.
Afghanistan
Forced marriage is very common in Afghanistan, and sometimes women commit suicide to escape from this marriage. A report by Human Rights Watch found that about 95% of girls and 50% of adult women imprisoned in Afghanistan were jailed for "moral crimes" from "escape" from home or fornication. Getting unmarried divorce is almost impossible in Afghanistan, and women trying to separate the separation risk are jailed for "escape". Although socially unacceptable for women and girls to leave unlicensed homes, "escape" is not defined as a criminal offense in the Afghan Criminal Code. However, in 2010 and 2011, the Supreme Court of Afghanistan issued an instruction to the court to prosecute women by "escaping" as a crime. This makes it virtually impossible for women to get out of forced marriage. Human Rights Watch reports say that
According to the United Nations, in 2008, 70 to 80 percent of marriages in Afghanistan were forced, taking place without full and free consent or under duress. Another study found that 59 percent of women had experienced forced marriage.
India
Karma Nirvana, a charity founded by Jasvinder Sanghera not recognized by his 16-year-old Sikh family when he refused to marry a man in India, needed about 600 calls a month. The cultural preference for boys and the adverse sex ratio that resulted has also caused bridal shortcomings. This has triggered a forced marriage incident.
Iran
Forced marriage remains common to Kurdish girls in Iran and is also one of the main reasons for self-immolation in Iran. The 1998 UNICEF report found a particularly high level of forced marriage, including at an early age, in Kordestan in Iran, although noted that the practice appears to be declining. Kurdish cultural norms that facilitate the practice of forced marriage and children perpetuate the fear of violence among Kurdish girls in Iran.
Nepal
As in other parts of South Asia, girls in Nepal are often seen as an economic burden for families, because of dowries. Parents often force young girls to marry, as older and more educated men can demand a higher dowry. In 2009, the Nepalese government decided to offer a cash incentive (50,000 Nepalese rupees - $ 641) to men for marrying widowed women. Because widows often lose social status in Nepalese society, this policy is meant to 'solve' their problems. However, many widows and human rights groups are protesting against this rule, denouncing them as embarrassing and encouraging forced marriages.
Sri Lanka
A 2004 report in the journal RH Problems found that forced marriages in Sri Lanka occurred in the context of armed conflict, in which parents forced young girls to marry to ensure that they did not lose their sanctity (considered an increased risk because of the conflict) before marriage, which would jeopardize their chances of finding a husband.
Europe
German
In 2011 the German family ministry found that 3,000 people had been forced to marry, almost all of them from migrant families and most (83.4%) of Muslim families by asking for bureaucratic assistance. These figures outweigh the estimates of the Terre des Femmes relief organization, which until then has estimated that around one thousand female migrants seek help every year. More than half of women suffered physical abuse and 27% were threatened with weapons or received death threats. Of the victims, 30% were 17 years or younger. 31.8% came from Germany, 26.4% from Asia, 22.2% from Turkey and 5.6% from Africa. In 2016 the German Interior Ministry found that 1475 children were forced to marry. Of those 1474, 1100 were women, 664 were from Syria, 157 were Afghan and 100 were Iraqi.
United Kingdom
Forced marriages can be done because of family pride, parental wishes, or social obligations. For example, according to Ruqaiyyah Waris Maqsood, many forced marriages in Britain within the Pakistani community of England aim to grant British citizenship to a family member currently in Pakistan to whom the married instigator feels obligated. In response to the issue of forced marriage among immigrants in the UK, Forced Marriage (Civil Protection) Act 2007 (enacted in England and Wales, and in Northern Ireland) was passed, enabling victims of forced marriage to file a court order for their protection. Similar laws passed in Scotland: Forced Marriage, etc. (Protection and Jurisdiction) (Scotland) Act 2011 gives courts power to issue protection orders.
In 2008, it was estimated that about 3000 forced marriages occur each year.
In June 2012, the British Government, under Prime Minister David Cameron, declared that forced marriage would become a criminal offense in the UK. In November 2013 it was reported that a case was brought to the High Court in Birmingham by a local authority official, involving a 14-year-old girl who was taken to Pakistan, forced to marry a man ten years older than her and two weeks later. forced to perfect marriage by threat, resulting in pregnancy; the court case ends with Mr. Justice Holman saying he is powerless to make a "non-recognition declaration" of forced marriage, as he is prevented by law from giving a statement that his marriage "at the beginning, void". Mr Justice Holman said that the girl, now 17, had to start her own process to cancel the wedding. British courts can also issue civil orders to prevent forced marriage, and since 2014 refusing to comply with the order is the basis of imprisonment up to five years.
The Anti-Social Behavior, Crime and Police Policy 2014 makes a person forced to marry (including abroad) a criminal offense. The law came into force in June 2014 in England and Wales and in October 2014 in Scotland. In Northern Ireland, Human Trafficking and Exploitation (Criminal Justice and Victim Support) Act (Northern Ireland) 2015 criminalizes forced marriage (section 16 - Breach of forced marriage).
In July 2014, the United Kingdom hosted its first Global Girls Summit; the purpose of the Summit is to increase efforts to end child marriages, early marriages, and forced and mutilation of female genitals in one generation.
The first conviction for forced marriage in Britain occurred in June 2015, with the convict being a man from Cardiff, who was then sentenced to 16 years in prison.
Swedish
Schools in SkÃÆ'n ¥ ne in the southern part of the report found that about 25 young men are forced to marry each year as they become part of a shame society. Investigations by government organizations Ungdomsstyrelsen reported that 70,000 adolescents thought they were not free in choosing a mate.
In July 2016 an Afghan man in Sweden was sentenced to four years in prison for forcing his daughter to marry someone in Afghanistan and sexually molesting her Swedish girlfriend in the first Swedish sentence.
More
Although forced marriage in Europe is most often associated with immigrant populations, it is also present among some local populations, especially among the Roma community in Eastern Europe.
UK The forced marriage consultation , published in 2011, was found forcing a person to marry as a different criminal offender in Austria, Belgium, Turkey, Denmark, Norway and Germany. In 2014 it became a different criminal offense in England and Wales.
The Council of Europe's Convention on preventing and combating violence against women and domestic violence defines and criminalizes forced marriage, as well as other forms of violence against women. The Convention came into force on 1 August 2014.
In November 2014, UCL held the Forced Marriage: The Real Disgrace event, where Honor Diaries' award-winning documentary was featured, and panels including Jasvinder Sanghera CBE (Founder Karma Nirvana), Seema Malhotra MP (Minister of Shadow Workers for Women), and Dr Reefat Drabu (former Assistant Secretary General of the Muslim Council of England) discusses the concept of izzat (honor), recent changes in English law, barriers to forcible marriage handling, and reason to expect positive change.
Americas
Canada
Forced marriages can be conducted among some immigrant communities in Canada. Until now, forced marriages have not received much attention in Canada. This lack of attention has protected the practice of legal intervention. In 2015, Parliament endorsed two new criminal offenses to resolve the issue. Forcing a person to marry his wishes now becomes a crime under the Criminal Code, such as helping or assisting a child's marriage, in which one of the participants is under the age of 16. There are also long-standing violations to reconcile illegal marriages, which are also modified by law 2015.
In addition to this criminal offense, the Civil Marriage Law stipulates: Marriage requires free and enlightened consent from two persons to become a spouse to one another, and specify 16 as the minimum age for marriage.
United States
It is estimated that hundreds of Pakistani girls in New York have been flown out of the New York City area to Pakistan for forced marriage; those who refused to be threatened and coerced. The AHA Foundation has commissioned a study by John Jay College of Criminal Justice to examine the incident of forced marriage in New York City. The results were vague. However, AHA has successfully referred many individuals seeking help in escaping or avoiding forced marriage with qualified service providers and law enforcement. According to the National Conference Center for Victims of Crime, there are "limited laws/policies that directly deal with forced marriages", although more general non-specific laws may be used. The Unchained at Last organization, the only such organization in the United States, helps women in forced marriages or arranged with free legal services and other resources. The company was founded by Fraidy Reiss.
The Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS) has been suspected of trafficking minors across the state, as well as crossing the US-Canada and US-Mexico borders, for the purposes of occasional plural marriage and sexual harassment. FLDS was allegedly by the Royal Canadian Mounted Police for trading over 30 underage girls from Canada to the United States between the late 1990s and 2006 for inclusion in polygamous marriages. RCMP spokesman Dan Moskaluk said about FLDS activities: "Basically, it is human trafficking in connection with forbidden sexual activity." According to Vancouver Sun, it is not clear whether Canada's anti-human trafficking legislation can be effectively implemented against pre-2005 FLDS activities, since the law may not be retroactively applicable. Investigations three years earlier by local authorities in British Columbia into allegations of sexual harassment, trafficking and forced marriage by FLDS resulted in no cost, but resulted in legislative changes.
Statistics
Child Marriage (2008-2014) :
Source of the article : Wikipedia
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