Abstract
Forced marriages are recognized as a form violating human rights, descriminatiing against women as well as a form of gender-based violence which both women and children suffer. In numerous international treaties and in other supranational documents, this practice is perceived as a violation against people’s dignity and as an attempt against fundamental rights such as freedom and equality. Moreover, the forced marriage is a crime condemned by the International and European human rights law: it violates the right to freely marry and the right to live a life free of gender-based violence. The objective of this article is to critically review the international and European obligations of States in relation to forced marriages. This critical review will be carried out through normative analysis from Legal Feminism and Feminist Theory.
Highlights
Forced marriages are recognized as a form of violating human rights, discriminating against women as well as a form of gender-based violence which both women and children suffer
The investigation is based on Legal Feminism and Feminist Theory, mainly for two reasons: the first, because violence against women has focused much of the feminist debates of recent decades; and the second, because its methods, analysis and proposals make it possible to demonstrate the logic of legal systems and contribute to their transformation through Law
There are various dispositions on human rights that apply to forced marriage, provisions that regulate aspects related to age, consent, and equality between both parties and women’s rights
Summary
The objective of this article is to critically review the international and European obligations of States in relation to forced marriages. Within the framework of the United Nations Organization (from this point foward, UN), various instruments have been adopted that recognize forced marriage as a manifestation of discrimination against women In these instruments there has been a significant evolution recognizing the right to celebrate a marriage with the free and full consent of the contracting parties, coming to value the practice of forced marriage as a discrimination against women to be considered an act of gender violence (Trapero Barreales, 2016) and a form of human trafficking (Warsaw Convention, 2005, Directive 2011/36/EU). Most of these legal instruments have been urging the state. Maria Barcons Campmajó authorities to adopt adequate measures for the prevention of forced marriage as well as for the protection and assistance towards those who have been victims (Torres Rosell, 2015)
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