FREEDOMS
Addressing forced marriage
in the EU: legal provisions and
promising practices
TK-01-14-676-EN-C doi:10.2811/70551
Forced marriage is marriage without consent. It is a form of domestic violence. It violates the right to freely decide
whether, when and whom to marry. Most of the victims are women but it can be imposed on men, too. Children
and those with learning disabilities are particularly vulnerable. With this paper the European Union Agency for
Fundamental Rights (FRA) encourages European Union institutions to look at the issue of forced marriage in a
comprehensive manner. It suggests that the EU should consider acceding to the 2011 Council of Europe Convention
on preventing and combating violence against women and domestic violence (Istanbul Convention), given that
the convention envisages this possibility.
FRA – EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS
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HELPING TO MAKE FUNDAMENTAL RIGHTS A REALITY FOR EVERYONE IN THE EUROPEAN UNION
Addressing forced marriage in the EU: legal provisions and promising practices
FRA
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More information on the European Union is available on the Internet (http://europa.eu).
FRA – European Union Agency for Fundamental Rights
Schwarzenbergplatz 11 – 1040 Vienna – Austria
Tel.: +43 158030-0 – Fax: +43 158030-699
Email: info@fra.europa.eu – fra.europa.eu
Luxembourg: Publications Office of the European Union, 2014
ISBN 978-92-9239-471-4
doi: 10.2811/70551
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Reproduction is authorised, except for commercial purposes,provided the source isacknowledged.
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This paper addresses matters related to the right to marry (Article 9) falling under Title II ‘Freedoms’ of the Charter
of Fundamental Rights of the European Union.
A great deal of information on the European Union Agency for Fundamental Rights is available on the Internet.
Itcan be accessed through the FRA website at fra.europa.eu.
Addressing forced marriage
in the EU: legal provisions
and promising practices
3
Foreword
Forced marriage is marriage without consent. It is a form of domestic violence. It violates the right to freely decide
whether, when and whom to marry. Most of the victims are women but it can be imposed on men, too. Children and
those with learning disabilities are particularly vulnerable.
There are several aspects relating to forced marriage which are covered by EU law. This is first and foremost the
p rotection and support to be afforded to victims of forced marriage, but also issues relating to asylum and imm igration
law, free movement, as well as legislation relating to protection orders, mutual recognition and data protection.
Civil law provisions to operationalise free consent for marriage, safeguards for marriage contracted by persons under
18years of age and effective opportunities to annul a forced marriage can contribute to preventing forced marriage
and protecting victims. Where domestic law allows for certain aspects of marriage to be regulated by the law of a
foreign spouse, safeguards are important to avoid situations where EU Member States find themselves obliged to
accept third-country norms which deprive victims of protection against forced marriage.
With this paper the European Union Agency for Fundamental Rights (FRA) encourages European Union institutions
to look at the issue of forced marriage in a comprehensive manner. It outlines promising initiatives, both by the
au horities and non-governmental organisations addressed at supporting victims of forced marriage and persons
at risk of becoming victims of forced marriage. It further suggests that the EU should consider acceding to the 2011
Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul
Convention), given that the convention envisages this possibility.
Morten Kjaerum
Director
4
Country codes
Country code EU Member State
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
EE Estonia
EL Greece
ES Spain
FI Finland
FR France
HR Croatia
HU Hungary
IE Ireland
IT Italy
LT Lithuania
LU Luxembourg
LV Latvia
MT Malta
NL Netherlands
PL Poland
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovakia
UK United Kingdom
5
Contents
FOREWORD ................................................................................................................................................................................
EXECUTIVE SUMMARY .............................................................................................................................................................
INTRODUCTION ........................................................................................................................................................................
PREVALENCE OF FORCED MARRIAGE AND PROFILES OF VICTIMS ANDPERPETRATORS ........................................ 
1.1. Prevalence of forced marriages and development over time ......................................................................................11
1.2. Profile of the victims and the perpetrators ...............................................................................................................12
LEGAL FRAMEWORK ....................................................................................................................................................... 
2.1. Criminalising forced marriage ..................................................................................................................................... 18
2.2. The role of civil law in the fight against forced marriage ...................................................................................... 20
2.3. The role of private international law in the fight against forced marriage ...............................................................22
2.4. Migration law and its links with forced marriage .....................................................................................................25
2.5. The right to asylum for victims of forced marriage ................................................................................................ 28
PROMISING PRACTICES INPREVENTING FORCED MARRIAGE ....................................................................................
3.1. Raising awareness about forced marriage ................................................................................................................33
3.2. Training of professionals ...............................................................................................................................................33
3.3. Implementing prevention interventions in school settings ...................................................................................34
3.4. Direct and anonymous assistance ..............................................................................................................................35
VICTIMS’ SUPPORT SERVICES: PROMISING INITIATIVES ............................................................................................. 
4.1. Shelter/refuge with anintegrated approach ............................................................................................................ 38
4.2. Hotlines/helplines .........................................................................................................................................................40
4.3. Holistic services ............................................................................................................................................................42
4.4. Interinstitutional cooperation ....................................................................................................................................................43
CONCLUSIONS ........................................................................................................................................................................ 
REFERENCES ........................................................................................................................................................................... 
ANNEX: NATIONAL LAW PROVISIONS EXPRESSLY CRIMINALISING FORCED MARRIAGE ................................................ 
7
Executive summary
Although there is no official, internationally agreed defi-
nition, forced marriage can be described as a marriage
concluded without the consent of one or both partners,
and therefore against the will of at least one of them. It
is a serious violation of human rights. This paper briefly
describes the phenomenon of forced marriage, exam
-
ines selected legislative measures taken to address it
and lists promising initiatives to prevent forced mar
-
riage and support victims. It is primarily based on desk
research carried out in five European Union(EU) Mem
-
ber States: France, Germany, the Netherlands, Sweden
and the United Kingdom.
Robust and reliable data on forced marriage collected
on a regular basis are essential to inform policy mak
-
ing. There are limited data on the prevalence of forced
marriage at national level. Crime statistics only exist in
Germany, which recorded 56suspected cases of forced
marriage during2012, but so far only one conviction.
In the United Kingdom some 130protection orders
have been issued to victims of forced marriage every
year since mid-2009. Police and judicial statistics show
only the tip of the iceberg: a German study showed
that in2008, counselling centres in Germany were
approached 3,443times on forced marriage. The United
Kingdom Forced Marriage Unit, a joint initiative of the
Home Office and the Foreign and Commonwealth Office,
provided advice or support to almost 1,500people in
England and Wales in2012.
Analysing survey data, the Swedish National Board
for Youth Affairs estimated that in2011 there were
8,500young people who were worried that they would
not be allowed to choose whom they wanted to marry.
A French survey, conducted with migrants and their
descendants in2008 showed that ‘non-consensual mar
-
riage’ was experienced by 4% of immigrant women
and 2% of daughters of immigrants. FRA could not
find any data on the prevalence of forced marriage in
the Netherlands.
The 2011Council of Europe Convention on preventing
and combating violence against women and domestic
violence (Istanbul Convention) obliges to criminalise the
intentional conduct of forcing a person to enter into a
marriage.
1
There is a trend to criminalise forced mar-
riage in the EU, with sevenEUMember States having
introduced a specific forced marriage crime. Enforcing
1 The Convention entered into force on 1August2014 for five
EUMember States. Additional 16 EU Member States signed it, but
had not ratified it yet on the day of entry into force. See http://
www.conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=
210&CM=8&DF=22/05/2014&CL=ENG. All hyperlinks accessed on
1August2014.
the crime of forced marriage is, however, difficult in
practice. Criminalisation alone is unlikely to address this
phenomenon, unless it is combined with other meas
-
ures, both legal and practical.
On the legislative side, civil law provisions to opera
-
tionalise free consent for marriage, safeguards for mar-
riage contracted by persons under 18years of age and
effective opportunities to annul a forced marriage can
contribute to preventing forced marriage and protecting
victims. Where domestic law allows for certain aspects
of marriage to be regulated by the law of a foreign
spouse, safeguards are important to avoid situations
where EUMember States find themselves obliged to
accept third-country norms which deprive victims of
protection against forced marriage.
In case of marriage with third-country nationals, family
reunification procedures may apply safeguards to com
-
bat forced marriage. These should not be used across
the board, however, thereby limiting family reunifica
-
tion where there are no indications of forced marriage.
For situations falling under the EU family reunification
directive, establishing a minimum age requirement for
family reunification of spouses may only be justified in
specific cases, following an individual examination of an
application for family reunification, Such a requirement
must not be used as an overall threshold below which
no family reunification is allowed.
Where the victim’s right to stay in the EUMember State
depends on the spouse, an autonomous residence per
-
mit is a pre-condition for victims to seek the necessary
protection from the authorities without fearing that the
perpetrator will retaliate by withdrawing or threatening
to withdraw residence benefits. In addition, in line with
the requirements of the Istanbul Convention, when vic
-
tims are brought abroad, they should be granted effec-
tive ways to return to the EUMember States even when,
as a result of the forced marriage, they have lost their
right to reside in the EU.
Prevention of forced marriage is crucial, also to spare
the trauma caused by such a violation of human rights.
This paper describes a number of promising practices
in areas such as awareness-raising, training of profes
-
sionals and schooling.
The paper lists promising initiatives, both by the
authorities and by NGOs in the five EUMember States
addressed atsupporting victims of forced marriage
and persons at risk of becoming victims of forced mar
-
riage. Those examples have been selected which take a
holistic approach to victim’s support. These also include
8
Addressing forced marriage in the EU: legal provisions and promising practices
initiatives taken on the basis of national action plans
which cover the fight against forced marriage. The key
to effectively tackling and preventing forced marriage is
to integrate a diverse range of activities and measures,
such as support services, awareness raising, educa
-
tional initiatives, training and campaigning. Prevention
activities should address the different needs of victims
in an accessible manner. They should take an inclusive
approach to gender-based violence. Inter-agency
cooperation is required to establish and operationalise
referral mechanisms and processes. Finally, funding of
preventive activities and of those supporting victims
must be sustainable.
The paper ends by suggesting that the EU should con
-
sider acceding to the Istanbul Convention.
9
Introduction
Primarily using data and information collected from five
EUMember States, this paper briefly describes the phe
-
nomenon of forced marriage and selected legislative
measures taken to address it. It lists promising practices
for the prevention of forced marriage and for support
-
ing victims. The paper covers only one among many
forms of violence against women analysed by FRA in
its Violence against women: an EU-wide survey. Main
results report (2014).
There is no official, internationally agreed definition
of forced marriage. It can be described as a marriage
concluded without the consent of one or both partners,
and therefore against the will of at least one of them.
Article 37 of the 2011Council of Europe Convention on
preventing and combating violence against women
and domestic violence (Istanbul Convention) obliges to
criminalise the intentional conduct of forcing a person to
enter into a marriage. Forced marriage is a grave viola
-
tion of human rights. It not only infringes upon the right
to marry but may also expose victims to different forms
of violence and harm, including breaches of to the right
to the integrity of the person and deprivation of liberty.
It is important to distinguish forced marriage from the
practice of sham marriage or marriage of convenience,
which describe marriages contracted for the sole pur
-
pose of enabling the person concerned to enter or reside
in a Member State (see Family Reunification Directive,
2003/86/EC, Article16(2)b). Distinguishing between
sham and forced marriage can be complex: Europol
noted an emerging trend whereby women are trafficked
in order to be forced into a marriage of convenience.
2
Forced marriages are also to be distinguished from
arranged marriages. If, however, at least one of the
parties does not consent to the marriage, an arranged
marriage becomes a forced marriage. For arranged
marriages, one or both partners may be subjected to
cultural pressures, which may in fact result in limiting
the free will to contract marriage. There is also a close
link between forced marriage and child marriage. Inter
-
national law obliges states to specify in their legislation
a minimum age for marriage recommending that this
be set at18 for both boys and girls (see Section2.2).
Marriages concluded by children who lack legal capac
-
ity as they have not yet attained the minimum age for
marriage are invalid. Many states provide for excep
-
tional situations in which the lack of legal capacity can
be replaced by other means, for example, by parents’
consent or a court decision.
2 Europol Early Warning Notification, Marriages of convenience:
A link between facilitation of illegal immigration and THB,
March2014.
Forced marriage is primarily practised among certain
ethnic communities. Perpetrators of forced marriages
are usually parents or family members and can include
members of the extended family, potential in-laws and
husbands and members of the local ethnic community.
3
Forced marriage disproportionately impacts on women
and girls. The Istanbul Convention, which is the core
European document in this regard, considers forced
marriage a serious form of violence to which women
and girls are exposed (preamble). According to its
Article37, state parties are under a duty to criminalise
“the intentional conduct of forcing an adult or a child
to enter into a marriage”. The convention entered into
force on 1August2014. As of end April2014, Austria,
Denmark, Italy, Portugal and Spain had ratified it, with
more EUMember States expected to follow soon.
Family law matters including forced marriage are only
partly within EUcompetence. Aspects of this phenom
-
enon are, however, directly or indirectly addressed by
EUlegislation on anti-discrimination, asylum, immigra
-
tion, free movement, criminal justice and data protec-
tion. Measures taken by EU Member States to combat
forced marriage may not undermine the effective
implementation of EU law. Prevention of forced mar
-
riage cannot, for example, be used to limit free move-
ment rights of third-country national family members of
EUcitizens beyond what is allowed by the Free Move
-
ment Directive(2004/38/EC).
According to Article8 of the Treaty on the Functioning of
the European Union (TFEU), the Union aims to eliminate
inequalities and promote equality between women and
men in all its activities. Declaration No.19 on Article8
of the TFEU annexed to the final Act of the Intergovern
-
mental Conference which adopted the Treaty of Lisbon
states that “in its general efforts to eliminate inequali
-
ties between women and men, the Union will aim in
its different policies to combat all kinds of domestic
violence. The EU Member States should take all neces
-
sary measures to prevent and punish these criminal acts
and to support and protect the victims”.
3 See European Parliament, Directorate General for Internal
Policies (2008) as well as Council of Europe, Parliamentary
Assembly, Resolution1468(2005), Forced marriages and child
marriages.
10
Addressing forced marriage in the EU: legal provisions and promising practices
Examples of secondary EU law instruments addressing
forced marriages directly or indirectly:
n The Victims’ Directive (2012/29/EU)
4
obliges
EUMember States to ensure that victims of crime re
-
ceive appropriate information and support. It notes
that forced marriage is a form of gender-based vio
-
lence and that victims require special support and
protection because of the high risk of secondary and
repeat victimisation, of intimidation and of retalia
-
tion connected with such violence (Recital17).
n The Qualification Directive (2011/95/EU)
5
which de-
fines the persons who are in need of international
protection and set forth their rights and duties lists
gender-based persecution among possible acts of
persecution in Article 9 (2). As explained in Sec
-
tion2.5, this notion covers forced marriage, although
it is not expressly mentioned in the directive.
n The Family Reunification Directive (2003/86/EC),
6
which regulates the right of third-country nationals
residing in an EUMember State to bring their fam
-
ily members, contains specific measures to prevent
forced marriage.
Furthermore, parts of the EU acquis on criminal justice,
such as the European arrest warrant (Council Frame
-
work Decision2002/584/JHA), the European Protection
Order (Directive2011/99/EU) and the European Investi
-
gation Order (Directive2014/41/EU) could be applicable
also to cases of forced marriage in which the police
or judicial authorities of more than one EUMember
State are involved. EUMember States will also have to
respect the EUdata protection acquis, when ensuring
that information on victims of forced marriage is treated
confidentially.
In2008, the EU General Affairs Council adopted EU
guidelines on violence against women and girls and
combating all forms of discrimination against them,
7
as
a tool to guide the EU’s external actions. They explicitly
include forced and early marriage in the definition of
violence against women.
Limiting this paper exclusively to aspects falling under
EU competence would result in a very fragmented
4 Directive2012/29/EU of the European Parliament and of
theCouncil of 25October2012 establishing minimum standards
on the rights, support and protection of victims of crime, and
replacing Council Framework Decision2001/220/JHA.
5 Directive2011/95/EU of the European Parliament and of the
Council of 13December2011 on standards for the qualification of
third-country nationals or stateless persons as beneficiaries of
international protection, for a uniform status for refugees or for
persons eligible for subsidiary protection, and for the content of
the protection granted (recast).
6 Council Directive2003/86/EC of 22September2003 on theright
to family reunification (not applicable to Denmark, Ireland and
the United Kingdom).
7 EU, General Affairs Council(2008).
study. This paper therefore also covers issues which are
of Member State competence to put the practice in the
appropriate context. Although the EUCharter of Funda
-
mental Rights is only applicable to Member States when
they implement EUlaw, states remain bound by the
human rights obligations enshrined innational constitu
-
tions and in applicable international human rights law.
The paper is primarily based on information collected
from fiveEUMember States (France, Germany, the
Netherlands, Sweden and the United Kingdom) mainly
through desk research completed at the end of2013.
These countries were selected either because they
were known to be at the forefront of initiatives to fight
against forced marriage or because they have taken dif
-
ferent approaches to address it. The paper is structured
in four parts. The first part provides an overview of
available data on the prevalence of forced marriage and
the socio-demographic profile of victims and perpe-
trators. The second part examines selected legal pro
-
visions enacted by Member States to address forced
marriages. The Annex at the end of the paper provides
an overview of which, among the 28EU Member States
had national provisions expressly criminalising forced
marriage in2013.
The third and fourth parts list promising practices concer-
ning the prevention of forced marriage and victims’ sup
-
port. A twofold approach was taken to assign aservice
or practice the label ‘promising’. Three general criteria
were adopted: (i) consensus in the secondary data and/
or among the national experts on a specific practice as
being ‘promising’; (ii) existence of external evaluation
which has assessed the effectiveness of the practice; and
(iii) relevance and transferability to other settings and
EUMember States. In addition to the desk research, FRA
also contacted three representatives of organisations
working on forced marriage to help identify promising
practices to combat the phenomenon. These included
government institutions with a remit covering forced
marriage, youth welfare organisations doing prevention
work and NGOs providing support to victims. For each
promising practice, the website or other sources which
provide more information is given.
11
Article11 of the Istanbul Convention highlights the need
to collect reliable data on a regular basis to measure the
prevalence of all forms of violence against women and
girls.
Collecting evidence on the extent and nature of
forced marriages can assist policy makers and NGOs in
their efforts to address the practice.
There is, however, little information on the prevalence
of forced marriage and the circumstances under which
it is practised in EUcountries. This gap is due in part
to underreporting and in part to the limitations of the
available data. There are the following threeways to
gather data on the prevalence of incidents of forced
marriages, which need to be complemented by quali-
tative research:
8
n Population-based surveys which provide results
that are statistically representative and can be
generalised to the larger population. They are ex
-
pensive and raise a number of methodological and
ethical challenges.
n Administrative data, namely quantitative data
collected by government institutions such as
judicial systems or the police. Such data are often
not comparable between EU Member States, as
they are based on diverging national definitions (for
example of crimes). They only capture cases which
are reported to the authorities, ignoring unreported
forced marriages.
n Civil society data collected by NGOs while provid
-
ing services to victims or potential victims of forced
8 There are other complementary ways of categorising; see:
Walby (2005), p.2; Latcheva et al. (2007), p.36; Swedish
Presidency of the Council of the European Union (2009), p.70
.
marriages. They only capture persons who make
use of such services.
n Qualitative research which provides a deeper
understanding of forced marriage, including its
circumstances and why it took place.
There are advantages and limitations to each type of
data. Thus, it is highly recommended to complement
statistical data with qualitative research to achieve a
comprehensive understanding of this phenomenon.
9
1.1. Prevalence of forced
marriages and development
over time
The following figures show that forced marriage is an
important phenomenon also in Europe, even if some
findings suggest that the prevalence of forced marriage
may be declining.
Among the fivecountries reviewed, only Germany and
the United Kingdom have made forced marriage a spe
-
cific criminal offence. Germany collects crime statistics
on forced marriage, while the United Kingdom keeps
statistics on civil injunctions forbidding perpetrators of
forced marriage to contact their victims (forced mar
-
riage protection orders).
The German Federal Criminal Office recorded 56sus
-
pected cases of forced marriage during2012. The fact
that half of them were attempts underscores the rel
-
evance of prevention programmes and awareness-
raising campaigns to prevent such attempts from
9 UN, UN Division for the Advancement of Women (2005), p.19.
.
1
Prevalence of forced marriage
and profiles of victims
andperpetrators
12
Addressing forced marriage in the EU: legal provisions and promising practices
leading to actual forced marriage. In the United King-
dom, where forced marriage is not a criminal offence,
the Mi nistry of Justice’s statistics show an average of
some 33Forced Marriage Protection Orders issued each
quarter sincemid-2009, which corresponds to some
130pr otection orders per year.
10
Government statistics related to the police or the judi-
cial system seem to show only the tip of the iceberg;
counselling services data show a greater prevalence of
forced marriage. According to the most comprehensive
study conducted on forced marriage in Germany and
based on an analysis of counselling cases (see data
collection box2), 3,443people contacted a counselling
centre in2008 because of threats of forced marriage or
actual forced marriage.
This number may include double
counts. A similar study conducted in the United King
-
dom
11
estimated that there were between5,000 and
8,000reported cases of forced marriages in England in
the same year. The United Kingdom Forced Marriage
Unit, a joint initiative of the Home Office and the Foreign
and Commonwealth Office, provided advice or support
to almost 1,500people in England and Wales in2012,
according to data recorded by the unit.
In France, the Netherlands and Sweden no police or
judicial statistics on forced marriages exist. In the Neth
-
erlands other data sources on prevalence of forced
marriage are lacking.
12
In France and Sweden, surveys
provide indications on the prevalence of marriages
concluded without free and full consent. Although
the experiences reported may not necessarily meet
thethreshold of forced marriage in the legal sense,
they give a sense of the scope of the problem.
In Sweden, a national survey of 6,000people between
the ages of 16 and 25, conducted in2009 and2010,
found that around 5% of them, or about 70,000young
people, do not feel they have the ability to choose
10 See United Kingdom, Ministry of Justice Statistics bulletin, Court
Statistics Quarterly January to March 2013, 20June2013, p.28,
https://www.gov.uk/government/uploads/system/uploads/
attachment_data/file/207804/court-stats-q1-2013.pdf
. The United
Kingdom Home Affairs Committee issued a report on forced
marriage in2011, reporting that 293Forced Marriage Protection
Orders were issued in the last two years and four months. See
United Kingdom Home Affairs Committee, EighthReport, Forced
marriage, 10May2011, h
ttp://www.publications.parliament.uk/
pa/cm201012/cmselect/cmhaff/880/88002.htm
.
11 Kazimirski et al.(2009).
12 An upcoming research project will however start in2013 under
the authority of the government. The project, led by the
University of Maastricht will consist of empirical research on the
nature of this phenomenon as well as research on the juridical
instruments that are available or can be developed. The research
will last five years. See: Femmes for Freedom(2013), ‘NWO-
Grant allocated to study on marriage captivity’ [NWO-subsidie
toegekend voor onderzoek naar huwelijkse gevangenschap],
Press release, 1July2013, www.femmesforfreedom.com/
nwo-subsidie-toegekend-voor-onderzoek-naar-huwelijkse-
gevangenschap/.
whom they want to marry.
13
Data were collected from
victim support services, such as shelters or non-profit
organisations working in the area of honour-related
violence. They show that of the 806persons not older
than 25years who contacted these shelters, 248per
-
sons (including89 under 18years of age) were at risk
of a marriage against their will.
14
The National Board
for Youth Affairs (Ungdomsstyrelsen) estimated that
in2011 between 250 and 300people experienced a high
or very high risk of being married against their will.
15
In France, 4% of immigrant women and 2% of daugh-
ters of immigrants experienced non-consensual mar-
riage, according to a population survey of migrants and
their descendants conducted in2008 (see data collec
-
tion box1.). The survey also showed a declining trend.
The United Kingdom is the only country that provides
some data on the routes into forced marriage. The Forced
Marriage Unit, jointly set up by the Foreign and Com
-
monwealth Office and the Home Office, provided direct
support to victims in 420cases in2008. In half of them the
unit assisted victims overseas who were rescued and/or
repatriated to the United Kingdom. In the other half, the
victim had already been forced to marry and constrained
to sponsor the spouse’s visa for settlement in the United
Kingdom.
16
It is probable that these are not the only cir-
cumstances in which forced marriage can be performed.
There are, however, insufficient data to identify the dif
-
ferent ‘routes’ forced m arriages can take.
1.2. Profile of the victims
and the perpetrators
Most victims of forced marriage are young women with
immigrant backgrounds. Most perpetrators are older
male relatives.
The profile of victims
Victims or potential victims of forced marriages are
mainly young women, although this finding is based
only on women who sought advice. German police
records and United Kingdom data collected by the
Forced Marriage Unit for2012 indicate that in both EU
Member States approximately 70% of the total victims
were young women – aged16–25 in the United Kingdom
13 Sweden, National Board for Youth Affairs
(Ungdomsstyrelsen)
(2009).
14 Ibid., p.
155.
15 Sweden, Stronger protection against forced marriages and child
marriages, SOU2012:35 (Stärkt skydd mot tvångsäktenskap och
barnäktenskap, SOU 2012:35), p.24.
16 United Kingdom Foreign and Commonwealth Office, United
Kingdom Home Office, Forced Marriage Case Handling Guide for
MPs and Constituency Offices, hps://www.gov.uk/government/
uploads/system/uploads/aachment_data/le/35550/fmu-guide-mps.
pdf, p.6.
13
Prevalence of forced marriage and profiles of victims andperpetrators
and16–21 in Germany.
17
Around onethird of these young
women in both countries were under18.
18
This confirms
the importance of addressing forced marriage in school
and post-secondary education institutions.
19
The preva-
lence of forced marriage for boys and men in2012 is
substantially lower: 18% in the United Kingdom
20
and
between5% and 8% in Germany.
21
These data show
the gendered nature of forced marriage.
17 Unfortunately, there are no data regarding the 18–25 age group.
According to the prevalence data on forced marriage gathered
by the rest of the countries, it is the most affected group.
18 United Kingdom Foreign and Commonwealth Office, United
Kingdom Home Office, Forced Marriage Unit, Statistics January
to December2012, https://www.gov.uk/government/uploads/
system/uploads/attachment_data/file/141823/Stats_2012.pdf;
for Germany data are based on Mirbach et al. (2011).
19 See Freeman and Klein (2013).
20 United Kingdom Foreign and Commonwealth Office, United
Kingdom Home Office, Forced Marriage Unit, Statistics January
to December2012, https://www.gov.uk/government/uploads/
system/uploads/attachment_data/file/141823/Stats_2012.pdf.
21 See Germany, Mirbach et al. (2011).
There is evidence that some EURoma communities
continue to practise child marriage.
22
In a recent sur-
vey of the Roma population, FRA found that, across the
11EUMember States surveyed, around 2% of Roma
girls aged10–15 are reported to be ‘traditionally mar
-
ried’ or cohabiting with a partner. On average, around
16% of Roma men and women aged16–17 are legally
or traditionally married or cohabiting, according to the
research, which was conducted in the 11Member States
where most Roma live: Bulgaria, the Czech Republic,
France, Greece, Italy, Hungary, Poland, Portugal, Roma
-
nia, Slovakia and Spain. Marriage affects activity pat-
terns, particularly education: only 6% of Roma women
aged16–17 who are married or cohabiting are in educa
-
tion, compared with 36% of all Roma women in this
age group.
23
22 See UNICEF (2010); European Roma Rights Centre (2011).
23 FRA (2013), p.31.
Data collection box 1
Population survey in France shows decrease of marriages contracted without consent
A 2008survey in France found a decrease over time in the number of marriages in which the woman’s decision
is not based solely on individual choice. Around22% of immigrant women aged51–60 did not fully consent to
marry, but this figure drops to 9% for the youngest group, aged26–30. Among the daughters of immigrants,
only 4% got married without their full agreement.
Other important findings are that non-consensual marriages tend to happen:
n early: 28% of immigrant women and 11% of immigrants’ daughters were minors on their wedding day and
half of them were already married at the age of19;
n within a few months of the first encounter with the prospective spouse: for almost half (48%) of immigrant
women and one quarter (24%) of immigrants’ daughters, the marriage was performed within threemonths
of the parties’ first meeting;
n after parental violence: 8 % of immigrant women married against their will report severe parental abuse
before the age of 18, versus just 2 % of those who married freely. This situation is aggravated among
immigrants’ daughters: 21 % of those married against their will experienced violence, compared with 4% of
those who married freely.
The National Institute of Demographic Studies (Institut national d’études démographiques, INED), which carried
out the population survey about the lives of immigrants, immigrants’ descendants born in France and members
of the majority population (neither immigrants nor children of immigrants), included two questions on forced
marriages. It asked who initiated the marriage and the degree of the interviewee’s consent to it, using the replies
to analyse to what extent these groups of women consented to their marriages. The study found a continuum
between desired marriages and those contracted under duress. At one end, 87% of immigrant women, 95%
of daughters of immigrants and 97% of women members of the majority population, aged 26–50, say that their
marriage was desired. At the other end, 4% of immigrant women, 2% of the daughters of immigrants and 1%
of women members of the majority population, aged 26–50,
say they entered a ‘non-consensual marriage’. In
the middle are those who did not freely and fully consent to the marriage.
17
The sampling was designed to overrepresent both immigrants and immigrants’ descendants, from sub-Saharan
Africa, Turkey, Southeast Asia and French overseas departments and regions (French Guiana, Guadeloupe,
Martinique and Réunion). Overall, 21,000persons aged18–60 living in metropolitan France were surveyed.
Source: Hamel(2011), Fewer forced marriages among immigrant women and daughters of immigrants, Population and
Society, No.479, June2011,
http://www.ined.fr/fichier/t_publication/1541/publi_pdf2_pesa479.pdf
14
Addressing forced marriage in the EU: legal provisions and promising practices
The origin of victims and perpetrators tends to be coun-
try specific, as a result of the different migration pat-
terns in each EUMember State. In the United Kingdom,
for example, the majority of cases of forced marriage
reported to the Forced Marriage Unit involved South
Asian families: in2012 almost half (47%) of the cases
reported had a Pakistani background, followed by Bang
-
ladeshi (11%) and Indian (8%). In Germany, most of
the victims had an immigrant background, and 32%
were born in Germany followed by Turkey (23%), and
the Western Balkans (Serbia, Kosovo and Montenegro
together amounting to 8%).
24
According to a small-
scale study conducted in France,
25
most of the 28vic-
tims of forced marriage interviewed were aged17 and
had French nationality, but their parents had foreign
nationality. In Sweden, the government inquiry indi
-
cated that most of the victims of forced marriage had
a foreign background but did not specify further; in the
Netherlands there is no overall data regarding the pro
-
files of the victims or the perpetrators.
The Forced Marriage Unit’s statistics in the United King
-
dom show that 22 (1.5%) of 1,485forced marriages
in2012 involved victims who identified themselves as
Lesbian, Gay, Bisexual or Transgender (LGBT). The wish
24 Ibid.
25 Bravo (2012).
to control a person’s sexual preference and identity may
therefore be another motive for forced marriages: some
families believe that marriage will ‘cure’ their son or
daughter’s ‘incorrect’ sexuality or behaviour.
The profile of perpetrators
Information regarding the relationship between the
victim and the perpetrator, as well as the number of
persons involved in forcing someone to marry, is impor
-
tant both for prosecution and for effective support to
victims. Among the fivecountries reviewed, however,
only Germany and the United Kingdom systematically
collect data on the perpetrators of forced marriage.
In the United Kingdom, data on perpetrators identified in
Forced Marriage Protection Orders issued between2008
and 2012
26
suggest that most of the perpetrators are
men older than the victims and that they are members
of the victim’s immediate family (91%) followed by
the extended family (7%). Police statistics in Germany
show that in51 of the 63cases of suspected forced
marriage in2012, the victim and the suspect belonged
to the same family. Of the total number of cases, 76%
(69) of the suspects were male. However, since2011,
the year in which forced marriage became a criminal
26 United Kingdom, Ministry of Justice(2013), Data provided by
Ministry of Justice Analytical Services following contact with this
government department, data not available publicly.
Data collection box 2
Research in Germany shows parents as main perpetrators
In2008, counselling centres in Germany were approached 3,443times on forced marriage issues. Of the persons
approaching the centres, approximately 7% (252) were men, the rest women. Around 60% of the persons sought
help before being forced to marry, 32% had already been forced and the remaining 8% sought help both before
and after being forced into marriage. The proportion of those who visited several counselling services is estimated
to be between 14% and 43%.
The results show that in two thirds of the cases forced marriage occurred in the context of other forms of
family violence. The father was the decisive figure in enforcing 80% of the marriages; 62% of those seeking
help stated that the mothers were also responsible. More than two thirds of the 747documented cases (71%)
were threatened with forced marriage and 29% had already been married against their will. Half of the forced
marriages occurred abroad (52%).
Forced Marriage in Germany – Prevalence and Analyses of Counselling Cases is a unique inquiry that examined
the structure, prevalence and forms of forced marriage cases in Germany. Carried out between2008 and2010,
its principle aim was to obtain an estimate of the prevalence of forced marriage in Germany based on empirical
data. Because of its design, however, the study is not representative. It is based on a national survey where
about 1,500counselling services were contacted. Of the 830centres which responded, 358reported individual
cases relating to forced marriage which they dealt with during 2008. It analysed in-depth individual cases of
possible forced marriage reported in approximately 100counselling centres. Besides addressing questionnaires
to the counselling centres, the survey contacted general and vocational schools and migrant community
organisations. Thirty-one supplementary interviews were carried out with experts and one group interview
with young men with immigrant backgrounds. In addition, workshops with scientific experts were held to
discuss the methodology and content of the study.
This type of study should be replicated regularly to show trends over time.
Source: Mirbach et al. (2011)
15
Prevalence of forced marriage and profiles of victims andperpetrators
offence in Germany, only one person, a 21-year-old
German man,
27
has been convicted. No information is
available on his background. Moreover, the number of
proceedings without conviction appears not to have
been recorded.
An earlier German study highlighted the relation
-
ship between forced and early marriage and poverty.
It was based on an analysis of 331cases of forced
27 Germany, Information provided by the state statistical office of
Berlin-Brandenburg (Amt für Statistik Berlin-Brandenburg), email
of 18October2013.
marriage recorded by the Berlin counselling service
Papatya between1986 and 2006,
28
and a subsequent
qualitative analysis of100 of these cases. Among the
100qualitatively analysed cases, 53of the victims
reported thattheir families had an average economic
situation and43 a bad one. Violence by a close family
member, mostly the father, had affected 88of the
victims. The concept of honour was highly relevant as
atraditional value.
28 Lobermeier and Strobl (2007).
Data collection box3
Research in the United Kingdom leads to the development of guidelines
on forced marriage of persons with learning disabilities
The prevalence of forced marriage of persons with learning disabilities is difficult to ascertain, as it is extremely
underreported. Most of the victims are between the age of18 and 25, although the youngest known victim
was14, according to United Kingdom research from2010. The proportions of males and females with learning
disabilities being forced into marriage are similar, although males with learning disabilities are more at risk of
being forced into marriage than males without learning disabilities. The research also found that most victims
live with their immediate or extended family, who are most likely to instigate the forced marriage. The majority
of marriages take place outside the United Kingdom and many families would not view the marriage as forced
or see what they are doing as wrong. The vast majority of the cases are reported by a third party, as the victim
may need help to report or may not be able to recognise what is happening when (s)he is forced into marriage.
Based on the study’s findings, the Forced Marriage Unit produced the multi-agency practice guidelines on forced
marriage and learning disabilities. They highlight areas of best practice. Data on victims must be completely
confidential and inaccessible to perpetrators, especially when electronically recorded. Some recommendations
for agencies are to record information such as impairment, impact of impairment, communication requirements,
marital status of services users and whether or not they have children (living with them or not). This kind of
information is essential to developing holistic victim support services.
The guidelines show that the key motivations for the forced marriage of persons with learning disabilities
include:
n obtaining a carer for the person with a learning disability;
n obtaining physical assistance for ageing parents;
n obtaining financial security for the person with a learning disability;
n believing the marriage will somehow ‘cure’ the disability;
n a belief that marriage is a ‘rite of passage’ for all young people;
n mistrusting the ‘system’ or external (e.g. social care/health) carers;
n fearing that it will be difficult to get younger siblings married if older sons or daughters are not already
married;
n seeing marriage as the only option and/or right option.
The research was carried out by Ann Craft Trust in partnership with Judith Trust – twoorganisations specialised
in research on people with disabilities – and used statistics from the Forced Marriages Unit, which funded the
research. The aim was to gather information on cases of forced marriages among people with learning disabilities
as well as the motivations for the forced marriages, and to identify best practices when handling such cases.
In the research, the term ‘learning disability’ refers to a long-term condition which started before adulthood
(18years of age) and which is characterised by a significantly reduced ability to understand complex information
or learn new skills and a reduced ability to cope independently. It consulted 298professionals (including police,
social workers, psychologists and teachers) using face-to-face interviews or online surveys. Ninety-one cases
of forced marriage were reported.
Sources: United Kingdom, Forced Marriage Unit; Clawson and Vallance (2010)
16
Addressing forced marriage in the EU: legal provisions and promising practices
The data available provide little insight into the reasons
that drive someone to force someone else into a mar
-
riage. In the United Kingdom, according to the Forced
Marriage Unit’s Multi-agency statutory guidance,
29
some of the key motives are:
n controlling unwanted sexuality (including per
-
ceived promiscuity, or being LGBT) – particularly the
behaviour and sexuality of women;
n controlling unwanted behaviour, for example alco
-
hol and drug use, wearing make-up or behaving in
a ‘westernised manner’;
n preventing ‘unsuitable’ relationships, e.g. outside
the ethnic, cultural, religious or caste group;
n protecting ‘family honour’;
n responding to peer group or family pressure;
n attempting to strengthen family links;
n achieving financial gain;
n ensuring that land, property and wealth remain
within the family;
29 United Kingdom, Forced Marriage Unit (FMU) (2010), p.9.
n protecting perceived cultural ideals;
n protecting perceived religious ideals which are
misguided;
n ensuring care for a child or adult with support needs
when parents or existing carers are unable to fulfil
that role;
n assisting claims for residence and citizenship in the
United Kingdom;
n long-standing family commitments.
In Germany, the 2011national study on forced marriage
30
came to the conclusion that no generally valid assump
-
tion could be made about the reasons behind forced
marriage. The 2007study
31
looked at causative factors
for forced marriages and identified three main factors:
traditional family system (the father is considered the
patriarch and has the power to decide in the name of
family cohesion), family politics (for example, ending
family feuds by joining families through marriage) and
perceived threats to the family honour (mainly repre
-
sented by the woman’s purity and sexual behaviour).
30 Mirbach et al. (2011).
31 Lobermeier and Strobl (2007).
17
Forced marriage is condemned by international and
European human rights law. It violates the right to
marry, which is enshrined in Article9 of the EU Charter
of Fundamental Rights. Such right also entails the right
not to be forced into a marriage. Forced marriage is also
considered a form of gender-based violence. Table1
provides an overview of relevant human rights law
provisions.
2
Legal framework
Table: Human rights law provisions on the right to marry
Instrument Provisions
EU Charter of Fundamental
Rights, Article9
The right to marry and the right to found a family shall be guaranteed in accord
-
ance with the national laws governing the exercise of these rights.
Universal Declaration of
Human Rights, Article 16 (1)
and (2)
(1) Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to
equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the
intending spouses.
Convention on the Elimination
of All Forms of Discrimination
against Women,
Article16(1)(b)
(1) States Parties shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations and in
particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only
with their free and full consent;
International Covenant on
Civil and Political Rights,
Article23(2) and (3)
(2) The right of men and women of marriageable age to marry and to found a
family shall be recognized.
(3) No marriage shall be entered into without the free and full consent of the
intending spouses
Convention on the Rights
of Persons with Disabilities,
Article23(1)
States Parties shall take effective and appropriate measures to eliminate dis
-
crimination against persons with disabilities in all matters relating to marriage,
family, parenthood and relationships, on an equal basis with others, so as to
ensure that:
a) The right of all persons with disabilities who are of marriageable age to
marry and to found a family on the basis of free and full consent of the
intending spouses is recognized;
18
Addressing forced marriage in the EU: legal provisions and promising practices
In addition, Article19 of the UN Convention on the
Rights of the Child obliges states to protect children
from all forms of physical or mental violence. “All forms
of” violence also includes forced and early marriage, as
noted by the Committee on the Rights of the Child in
2011 in its General Comment No.13 (paragraph29). The
Committee noted that given their specific vulnerability
to maltreatment the obligation to protect a child from
all forms of violence should continue to apply when
children under the age of18 attain majority or eman
-
cipation through early marriage and/or forced marriage
(paragraph33).
These human rights law norms establish a duty for state
parties to prevent and combat forced marriage. This is
first and foremost done through the enactment or revi
-
sion of domestic legislation. This chapter first provides
an overview of provisions criminalising forced marriage
in the 28EU Member States. It then describes different
ways in which states are using criminal, civil, private
international as well as migration and asylum law to
prevent and address forced marriage.
2.1. Criminalising forced
marriage
According to Article 37(1) of the Istanbul Convention,
state parties are under a duty to criminalise “the intent-
ional conduct of forcing an adult or a child to enter into
a marriage”. Under Article37(2) of the convention this
duty also extends to criminalise “the intentional con
-
duct of luring an adult or a child to the territory” of a
state with the purpose of forcing the person to enter
into a marriage.
In a 2006resolution on women’s immigration,
32
the
European Parliament called on EUMember States to
introduce in their national legislation measures aiming
at prosecuting any of their citizens who may seek to
contract or help to organise a forced marriage, including
when the forced marriage is contracted outside their
territory (Point33). It also urges the Member States
which have not yet done so to ensure that effective
and deterrent penalties apply under their criminal codes
to all forms of violence against women and children,
particularly forced marriage (Point35).
As illustrated in the annex, most EU Member States do
not treat forced marriage as a specific criminal offence.
Only in seven EUMember States, forcing a person to
marry against his or her will is a separately defined crim
-
inal offence. These states are Austria, Belgium, Croatia,
Cyprus, Denmark, Germany and the United Kingdom.
In other Member States, forced marriage may be pun
-
ished only inasmuch as it constitutes another crime,
such as rape, attempted rape, physical and psychological
32 European Parliament, Resolution on women’s immigration:
the role and place of immigrant women in the European Union,
2006/2010(INI).
Instrument Provisions
International Covenant on
Economic, Social and Cultural
Rights, Article10(1)
The States Parties to the present Covenant recognize that:
(1) […] Marriage must be entered into with the free consent of the intending
spouses.
European Convention on
Human Rights, Article12
Men and women of marriageable age have the right to marry and to found a
family, according to the national laws governing the exercise of this right.
Istanbul Convention,
Articles32, 37 and 59(4)
Article32 – Civil consequences of forced marriages
Parties shall take the necessary legislative or other measures to ensure that
marriages concluded under force may be voidable, annulled or dissolved with
-
out undue financial or administrative burden placed on the victim.
Article37 – Forced marriage
(1) Parties shall take the necessary legislative or other measures to ensure that
the intentional conduct of forcing an adult or a child to enter into a marriage
is criminalised.
(2) Parties shall take the necessary legislative or other measures to ensure that
the intentional conduct of luring an adult or a child to the territory of a Party
or State other than the one she or he resides in with the purpose of forcing
this adult or child to enter into a marriage is criminalised.
Article59 – Residence status
(4) Parties shall take the necessary legislative or other measures to ensure that
victims of forced marriage brought into another country for the purpose of
the marriage and who, as a result, have lost their residence status in the
country where they habitually reside, may regain this status.
Source: FRA, 2014
19
Legal framework
violence, sexual violence, bodily harm, ill treatment,
assault, false imprisonment, infringement of freedom
and integrity, psychological duress, sexual duress, kid
-
napping and abduction, offences against the person,
infringement of sexual integrity or honour crime.
There is a trend towards criminalisation of forced mar
-
riage across Europe. In France,
33
Sweden
34
and the
United Kingdom, a debate arose on whether or not it is
appropriate and useful to criminalise forced marriage.
There are advantages and disadvantages to criminalis
-
ing forced marriage as a specific crime. An analysis of
these can be found in the public consultation on forced
marriage undertaken in the United Kingdom in2013.
35
Making forced marriage a crime in its own right means
that it can be punished as a separate offence and the
penalties applicable may be cumulative if another
crime is also committed. Furthermore, forced mar
-
riage would be punished when the conduct does not
otherwise constitute a crime. Not all EU Member States
punish marital rape, for example, as the FRA survey
on violence against women shows.
36
A separate crime
would furthermore act as a deterrent and deliver a
“strong and clear message: forced marriage is wrong,
is illegal and will not be tolerated”.
37
It would empower
victims to come forward and report incidents of forced
marriage. Its supporters believe that the new offence
would result in better recognition for the victims of the
abuse inflicted upon them, and ensure that perpetrators
could be prosecuted for this practice along with any
other offences.
38
Critics contend that it is difficult to obtain sufficient evi-
dence that the marriage was ‘forced’ to satisfy the bur-
den of proof required to prosecute this conduct.
39
Courts
have been willing to accept that physical threats and
emotional pressure constitute coercion. They have been
far more reluctant to accept the influence of factors that
may be specific to some communities, and are particu
-
larly onerous for women, such as fear of ostracism from
33 France, Criminal Code, Article222-14-4 introduced in2013
(forcing a person to marry abroad). In addition, Law No.2010-
769 of 9July2010 on violence against women introduced forced
marriage as an aggravating circumstance.
34 Sweden, Stronger protection against forced marriages and child
marriages, SOU 2012:35 (Stärkt skydd mot tvångsäktenskap
och barnäktenskap, SOU 2012:35), p.46, www.regeringen.se/
content/1/c6/19/35/67/55cbc8d1.pdf.
35 United Kingdom, Home Office (2012).
36 See also in this regard the conclusion on marital rape in FRA
(2014), Violence against women: an EU-wide survey. Main
results, Luxembourg, Publications Office of the European
Union (Publications Office), p.52, http://fra.europa.eu/en/
publication/2014/vaw-survey-main-results.
37 Part of a speech by the Prime Minister, David Cameron, on
8June2012, mentioned in the Parliament of the United Kingdom
(2013), p.9.
38 United Kingdom, Home Office (2012), p.9.
39 United Kingdom, Home Office (2012), p.18.
the community or notions of shame. If an individual acts
out of deference to cultural, gendered notions such as
respect, it would be hard for any court to see this as
coercion or duress.
40
In addition, criminalisation would
ultimately deter victims of forced marriage from ask
-
ing for help or applying for civil remedies due to fear
that their families will be prosecuted and/or because
of the repercussions from failed prosecutions. It could
result in victims being taken overseas for the purpose
of marriage at a much earlier age to avoid increased
risk of prosecution.
Two of the five EUMember States reviewed have intro
-
duced a specific crime of forced marriage. According to
Section237 of the German criminal code (introduced
in2011) forced marriage is punishable with imprison
-
ment for between sixmonths and fiveyears and, in less
severe cases, with imprisonment for up to threeyears
or a fine.
41
In the United Kingdom, the Anti-social Behav-
iour, Crime and Policing Act2014 envisages imprison-
ment up to a maximum of sevenyears for the offence
of forced marriage (Section121 of the Act for England
and Wales and Section122 for Scotland).
Section237 (2) of the German criminal code also makes
it a crime when a person coerces another to marry in a
foreign territory or prevents this person from return
-
ing to Germany from abroad.
42
Under the Anti-social
Behaviour, Crime and Policing Act2014, deception to
leave the United Kingdom for forced marriage pur
-
poses is also a punishable offence (Section121(3) for
England and Wales). Until recently, the United Kingdom
addressed forced marriage primarily through civil rem
-
edies. The Forced Marriage (Civil Protection) Act2007
43
gives courts in England and Wales the power to issue
“forced marriage protection orders” to prevent forced
marriage or protect victims. Victims can, for instance,
seek: a protection order, protecting them from, say,
harassment; a non-molestation order; or an order con
-
cerning their right to occupy the matrimonial home.
“Relevant third parties”, including the police or local
authorities, may also apply for a forced marriage
protection order. Forced marriage protection orders
expressly prohibit the practice, inducement or aiding
of forced marriage. A breach of a forced marriage pro
-
tection order is puni shable with imprisonment up to
fiveyears (Anti-social Behaviour, Crime and Policing
Act2014, Section 120).
44
40 Sundari and Gill (2009), p.175.
41 Germany, German Criminal Code (Strafgesetzbuch, StGB),
Art.237, www.gesetze-im-internet.de/stgb/__237.html.
42 Germany, StGB, Art.237(2).
43 United Kingdom, Parliament (2007).
44 See for Scotland, the Forced Marriage (Protection and
Jurisdiction) (Scotland) Act2011. More information on the
2014Act is available in United Kingdom, Parliament (2013a),
Anti-Social Behaviour, Crime and Policing Bill, Explanatory notes,
http://www.publications.parliament.uk/pa/bills/cbill/2013-
2014/0007/en/14007en.htm.
20
Addressing forced marriage in the EU: legal provisions and promising practices
Elsewhere, forced marriage is punishable inasmuch as
it constitutes another crime. In Sweden, for example,
forced marriage is punishable as a form of coercion
when a person forces someone else into marriage
through the use of assault, violence or threats thereof.
In France and in the Netherlands, forced marriage is an
aggravating factor that leads to an increase of penal
-
ties. According to the French Violence against Women
Act
45
penalties incurred for violence, torture, barbaric
acts or murder are increased where the perpetrator of
the offence committed them to force a person to marry
or against a person who refused to marry. In the Neth
-
erlands, changes to the Criminal Code and the Criminal
Procedure Code which came into force on 1July2013
make forced marriage a specifically severe form of
coercion for which the maximum sentence has been
raised from nine months’ to two years’ imprisonment.
46
Recent changes to French and Dutch legislation pun-
ish forced marriage also when committed abroad.
Article222-14-4 of the French criminal code states that
forcing a person to marry or enter into a union abroad,
to use fraudulent tactics in order to convince them to
leave French territory, is punishable by threeyears’
imprisonment and a €45,000fine.
47
In the Netherlands,
the crime of coercion is now also punishable when com
-
mitted abroad by a Dutch national or by a person resid-
ing in the Netherlands,
48
or when committed against
a Dutch national or against a person residing in the
Netherlands.
49
45 France, Violence against Women Act (Loi n°2010-769 du 9
juillet 2010 relative aux violences faites spécifiquement aux
femmes, aux violences au sein des couples et aux incidences de
ces dernières sur les enfants), Art.1, www.legifrance.gouv.fr/
affichTexteArticle.do;jsessionid=FDBA3C30EB891E30384ECFAB11
70CEEC.tpdjo13v_1?idArticle=JORFARTI000022454036&cidTexte=J
ORFTEXT000022454032&dateTexte=29990101&categorieLien=id.
46 The Netherlands, Penal Code, Section284.
47 France, Criminal Code, Art.222-14-4, www.legifrance.gouv.fr/
affichCodeArticle.do?cidTexte=LEGITEXT000006070719&idArticl
e=LEGIARTI000027809362&dateTexte=&categorieLien=cid.
48 The Netherlands, Penal Code, Sections5 and5a.
49 The Netherlands, Penal Code, Section5b.
2.2. The role of civil law in
the fight against forced
marriage
Marriage law provides specific tools to combat forced
marriage. Each legal system determines the attributes
of a marriage. In the following section, selected mar
-
riage law provisions that could help tackle forced mar-
riage are presented. Although such civil law provisions
remain primarily within Member State’s competence,
concerted efforts by all actors are necessary to address
forced marriage.
Operationalising the requirement of
free consent for marriage
Requiring free consent for marriage is a generally
accepted European standard.
This sub-section lists some
examples from national law provisions which operation
-
alise such a requirement in a way that could contribute
to preventing forced marriage.
In some EUMember States the parties must declare
in person before the registrar that they wish to enter
the marriage.
50
In Germany, the registrar can conduct
separate interviews with the participants if (s)he sus
-
pects there is not full consent.
51
The registrar is obliged
to refuse his/her cooperation if it is obvious that one
party was forced into marriage by threat.
52
In Sweden, before a marriage is registered, the two
persons who intend to enter into the marriage must
together request an examination of impediments to
marriage (Hindersprövning) by the Swedish Tax Agency
(Skatteverket),
53
which runs the registry of births, mar-
riages and deaths.
54
If it finds that there is no impedi-
ment to the marriage, it shall issue a certificate to that
effect according to Chapter3, section4 of the Marriage
Code (Äktenskapsbalk).
55
However, if it discovers cases
of forced marriage or unauthorised child marriages, the
Tax Agency shall notify the public prosecutor. The Swed
-
ish Tax Agency’s decision on impediments to marriage
50 Germany, German Civil Code (Bürgerliches Gesetzbuch, BGB),
Art.1311, www.gesetze-im-internet.de/bgb/__1311.html.
Sweden, Marriage Act (Äktenskapsbalken), Chapter4, section2,
point1.
51 Germany, Personal Status Law (Personenstandsgesetz),
Art.13(2), www.gesetze-im-internet.de/pstg/__13.html.
52 Germany, BGB, Art.1310, www.gesetze-im-internet.de/
bgb/__1310.html.
53 Sweden, Marriage Code (Äktenskapsbalk), Chapter3, section1.
54 Sweden, National Registration Act, http://62.95.69.15/cgi-bin/
thw?%24%7BHTML%7D=sfst_lst&%24%7BOOHTML%7D=sfst_
dok&%24%7BSNHTML%7D=sfst_err&%24%7BBASE%7D=
SFST&%24%7BTRIPSHOW%7D=format%3DTHW&BET=1991
%3A481%24.
55 Sweden, Marriage Act (Äktenskapsbalk1987:230), amendments
SFS 2009:253, 2April2009, https://lagen.nu/1987:230#K3P2S1,
Chapter3, section4.
In conclusion, while there is a clear duty deriving from
the Istanbul Convention to criminalise forced marriage,
this may not necessarily mean that a separate criminal
offence has to be introduced. Depending on the
domestic legal system there may be other ways of
making forced marriage a punishable act. When this is
done without introducing a specific “forced marriage”
offence, it is important to avoid loopholes and also
ensure that acts committed by nationals or habitual
residents abroad are covered. Criminalisation is only
one tool to address forced marriage. It is per se not
enough and will do little to tackle the root causes.
21
Legal framework
may be appealed to the administrative court in accord-
ance with Chapter15, section2 of the Marriage Code.
56
The examination of impediments to marriage applies
to all marriages performed in Sweden, including those
where either or both parties are non-nationals.
57
A new bill to combat forced marriage proposed in the
Netherlands will allow the Public Prosecutor to get
permission from the court to obstruct a marriage until
further notice if there is sufficient evidence that one or
both parties are being coerced.
58
Safeguards for marriage contracted
by persons below 18years of age
International human rights law obliges states parties to
specify in their legislation a minimum age for marriage.
59
The UN Committee on the Rights of the Child as well as
the UN Committee on the Elimination of Discrimination
against Women recommended setting the minimum
age for marriage with and without parental consent to
18years, for both girls and boys.
60
Among the fiveMember States reviewed, France,
61
Germany,
62
the Netherlands
63
and Sweden
64
all require
both parties to be at least 18years old to get married,
but they allow for exceptions. In the United Kingdom,
the minimum age is16, but both parties need permis
-
sion from their parents or guardians if they are under18
(the latter is not needed in Scotland).
65
As described in the following paragraphs, marriage of
persons below 18years of age may only be possible
56 Ibid.
57 Sweden, Act on Certain International Legal Relationships in
Respect of Marriage and Guardianship1904:26 s.1 (Lagen om
vissa internationella rättsförhållanden rörande äktenskap och
förmynderskap, 1904:26 s. 1), https://lagen.nu/1904:26_s.1.
58 The Netherlands, House of Representatives (Tweede Kamer der
Staten Generaal) (2013).
59 Article 16(2) of the UN Convention on the Elimination of
All Forms of Discrimination against Women (ratified by all
EUMember States) and Article2 of the UN 1962United Nations
Convention on Consent to Marriage, Minimum Age for Marriage
and Registration of Marriages (to which 16EUMember States are
parties).
60 Committee on the Rights of the Child, General Comment No.4,
2003, CRC/GC/2003/4, para.20; UN Committee on the Elimination
of Discrimination against Women General Recommendation
No.21 (13thsession, 1994).
61 France, Civil Code, Art.144, www.legifrance.gouv.fr/
affichCodeArticle.do?idArticle=LEGIARTI000006421963&cidTexte
=LEGITEXT000006070721.
62 Germany, BGB, Art.1303, www.gesetze-im-internet.de/
bgb/__1303.html.
63 The Netherlands, Civil Code Book1 (Burgerlijk Wetboek
Boek 1), para.30, http://wetten.overheid.nl/BWBR0002656/
geldigheidsdatum_14-10-2013.
64 Sweden, Marriage Act (Äktenskapsbalk1987:230),
amendments SFS 2009:253, 2April2009, www.
lagboken.se/dokument/Andrings-SFS/241106/
SFS-2009_253-Lag-om-andring-i-aktenskapsbalken?id=33519
65 United Kingdom, Matrimonial Causes Act1973, section11(a)(ii).
incertain cases. Either a court or another authority must
authorise it.
In Germany, the family court, on application, may grant
an exemption from this provision if the applicant has
reached the age of 16 and his/her prospective spouse
is of full age.
66
This refers to both sexes equally. In the
Netherlands, there are currently threeexceptions to
the minimum age rule:
n if a woman can prove she is pregnant (or her child
has already been born), the minimum age for both
partners is16;
67
n the Minister of Justice can grant special permission
for people to marry under the minimum age, for
‘important reasons’ (not specified in the law);
68
n persons of non-Dutch nationality can marry in the
Netherlands at the age of15, 16 or 17, if their national
law allows marriage at that age.
69
In the Netherlands, as an extra requirement, minors
need parental/guardian consent to get married.
70
If
the parent(s) and/or guardian refuse their consent,
this can be replaced by consent from the court, at the
request of the minor.
71
A new bill proposes removing
existing exceptions to the minimum age requirement
of 18years.
72
In France, when the prospective spouse(s) is/are
under 18, marriage is possible if the government
procurator allows it on serious grounds
73
(for example,
pregnancy of the future wife) and if the consent of the
parents is given, according to an interview with a judge
with competence in family matters. In Sweden, persons
under 18years may not marry unless the county admin
-
istrative board (länsstyrelsen) grants permission accord-
ing to Chapter15, Section1 of the Marriage Act.
74
According to the Swedish inquiry into forced marriage,
in certain communities great difficulties arise for both
66 Germany, BGB, Art.1303, www.gesetze-im-internet.de/
bgb/__1303.html.
67 The Netherlands, Civil Code Book1, Section30.
68 Ibid.
69 The Netherlands, Civil Code Book10, Sections28 and 29.
70 The Netherlands, Civil Code Book1, para.35, http://wetten.
overheid.nl/BWBR0002656/geldigheidsdatum_14-10-2013.
71 Ibid.
72 The Netherlands, House of Representatives (Tweede Kamer der
Staten Generaal) (2013), Explanatory Memorandum. Act against
forced marriages. [Memorie van toelichting. Wet tegengaan
huwelijksdwang], https://zoek.officielebekendmakingen.nl/
kst-3348-3.
73 France, Civil Code, Art.145.
74 Sweden, Marriage Act (Äktenskapsbalk1987:230), www.lagen.
nu/1987:230#K2P3S2.
22
Addressing forced marriage in the EU: legal provisions and promising practices
the mother and the child if a child is born out of wed l-
ock.
75
The Swedish government inquiry indicated that it
may be that families are so anxious that their underage
daughters marry a person selected by the family that
the girls are pressured into becoming pregn ant, which
it is assumed will increase their chances of obtaining a
marriage exemption.
The authors of the inquiry report
recommend abolishing the possibility of granting a mar
-
riage exemption for children.
In those countries where persons below 18years of age
are allowed to marry, hearing each party without the
presence of any of the parents, the legal guardian or the
future spouse could be one way to understand whether
the circumstances are such as to justify an exemption
from the minimum age rule. It could also help to identify
situations of forced marriage. Envisaging some form of
supervision by national child protection systems until
both partners reach the age of18 would contribute to
detecting situations of forced marriage.
Granting an effective possibility
toannul a forced marriage
Article32 of the Istanbul Convention requires that states
parties “take the necessary legislative or other meas
-
ures to ensure that marriages concluded under force
may be voidable, annulled or dissolved without undue
financial or administrative burden placed on the victim.”
Civil law typically declares the nullity of a marriage
concluded without the full and free consent of the
spouses. The degree of lack of consent required var
-
ies, with some EUMember States allowing for a broader
definition of lack of consent as a ground for nullity of
marriage.
In the United Kingdom, nullity is possible in case of
“lack of consent due to duress, mistake or other”.
76
In
France, “exercising duress or coercion on one of the
spouses, including using reverential fear of an ances
-
tor” represents a ground for nullity of marriage.
77
In
Germany and the Netherlands, a stricter understanding
of lack of consent is reflected in the law, and annul
-
ment can be obtained if the “marriage was forced
by threat” (Germany)
78
or “severe illegal threat”
(theNetherlands).
79
In the Netherlands, however, a
new bill proposes that annulment will be possible in
all cases of coercion and that, in addition to the parties,
75 Sweden, Stronger protection against forced marriages and child
marriages, SOU2012:35 (Stärkt skydd mot tvångsäktenskap
och barnäktenskap, SOU 2012:35), p.44, www.regeringen.se/
content/1/c6/19/35/67/55cbc8d1.pdf.
76 United Kingdom, Matrimonial Causes Act1973, Section12c.
77 France, Civil Code, Art.180.
78 Germany, BGB, Art.1314, www.gesetze-im-internet.de/
bgb/__1314.html.
79 The Netherlands, Civil Code Book 1, para.71.
the public prosecutor will also be entitled to apply for
an annulment.
80
The application of nullity procedures, however, might
not always be simple. In France, for instance, a judge
contacted for this research reported that ‘lack of cons-
ent’ is very difficult to prove. In the United Kingdom, it
has been reported that recourse to the law for the purp-
ose of seeking an annulment is expensive,
81
although
as a promising practice nullity proceedings can be com
-
menced quickly using the emergency procedure in the
High Court’s Family Division.
82
This procedure allows
the victim’s address to be kept secret and a court order
requiring a person to do or refrain from doing some
-
thing, to be obtained for the duration of the proceedings
or beyond, if necessary.
In Sweden, a different approach is taken: the victim
of forced marriage or unauthorised child marriage is
entitled to immediate divorce under Chapter5, Sec
-
tion5, of the Marriage Code (Äktenskapsbalk).
83
The
Swedish government inquiry report acknowledges that
dissolving a void marriage (such as a forced marriage)
by divorce seems illogical and inconsistent. The
report
suggests, however, that the arguments for and
against
nullity
weigh
relatively
evenly (e.g. nullity
cases
would
be complex
and resource-intensive
)
and
that
there can be no doubt that the Swedish provisions
on access to divorce meet the requirements set by the
Istanbul Convention.
84
2.3. The role of private
international law in the fight
against forced marriage
Private international law determines the applicable law
when persons of different nationality conclude legal
acts. In case of marriages contracted between persons
of different nationality, for example, the question arises
whether the law of the country of nationality of one
or the other spouse or the law of the country of resi
-
dence, applies. This section reviews the applicable law
80 The Netherlands, House of Representatives (Tweede Kamer der
Staten Generaal) (2013), Explanatory Memorandum. Act against
forced marriages. [Memorie van toelichting. Wet tegengaan
huwelijksdwang], https://zoek.officielebekendmakingen.nl/kst-
32840-3. https://zoek.officielebekendmakingen.nl/kst-32840-3.
pdf.
81 United Kingdom, interview with academic expert working on the
issue of forced marriage.
82 United Kingdom, Forced Marriage Unit, https://www.gov.uk/
forced-marriage#forced-marriage-unit.
83 Sweden, Marriage Act (Äktenskapsbalk 1987:230), amendments
SFS 2009:253, 2April2009, https://lagen.nu/1987:230#K3P2S1.
84 Sweden, Stronger protection against forced marriages and child
marriages, SOU2012:35 (Stärkt skydd mot tvångsäktenskap
och barnäktenskap, SOU 2012:35), p.253, www.regeringen.se/
content/1/c6/19/35/67/55cbc8d1.pdf.
23
Legal framework
for marriages contracted with non- nationals in an EU
Member States. It also examines the possibility for non-
recognition of forced marriage conducted abroad.
Applying the law of residence when
performing marriages of non-citizens
in an EUMember State
Forced marriage often involves non-nationals. If the
marriage is concluded in an EUMember State it is the
law of that Member State that normally regulates
the necessary formalities for the marriage, but some
aspects may be regulated by the law of the nationality
of the prospective foreign spouse.
Marriages concluded in France, Sweden or in the United
Kingdom are governed by the law where the marriage
is performed.
85
Safeguards in national law to prevent
forced marriages apply, therefore, also to marriages
concluded with or between non-nationals. This closes
the door to the application of civil law rules of foreign
legal systems which may be problematic from a forced
marriage perspective. One such potentially problem
-
atic provision is marriage by proxy, meaning marriage
where the person getting married is not actually pre
-
sent. Proxy marriages may lead to a person being mar-
ried without his/her knowledge. For this reason, the
UN General Assembly recommended that “marriage
by proxy shall be permitted only when the competent
authorities are satisfied that each party has, before a
competent authority and in such manner as may be
prescribed by law, fully and freely expressed consent
before witnesses and not withdrawn such consent.”
86
In cases of marriages with or between non-nationals
concluded in Germany and the Netherlands, certain
aspects are or may be regulated by the law of the
country of nationality of the prospective foreign spouse.
In Germany, when a marriage is concluded between two
persons where neither is a German national the law of
the country of nationality of the parties may apply:
87
for example, consular officials posted in Germany and
properly authorised under the law of their country may
conduct marriage ceremonies for nationals according to
the formalities prescribed by the law of that country.
In the Netherlands the parties have either to meet the
85 Sweden, The Act on Certain International Legal Relationships in
respect of Marriage and Guardianship 1904:26 s.1 (Lagen om
vissa internationella rättsförhållanden rörande äktenskap och
förmynderskap, 1904:26 s.1), https://lagen.nu/1904:26_s.1.
All marriages which take place in the United Kingdom must be
carried out in accordance with the requirements of the Marriage
Acts1949–1994.S see the UK Home Office website, www.ukba.
homeoffice.gov.uk/sitecontent/documents/policyandlaw/
nationalityinstructions/nisec2gensec/marriage?view=Binary
86 UN General Assembly, Resolution2018 (XX) of 1November1965,
at principle1-b.
87 Germany, Art.13(3) EGBGB Introductory Act to the Civil Code
(Einführungsgesetz zum Bürgerlichen Gesetzbuche).
substantive requirements in Dutch law (regardless of
their nationality) or the substantive requirements for
marriage according to the law of the country of their
non-Dutch nationality.
88
At least one of the parties has
to live in the Netherlands or have Dutch nationality in
order to marry, according to Dutch law.
89
Foreign law is not applied when it would contravene
Dutch public order laws.
90
This includes when the prosp-
ective spouses are younger than15; when one of the
parties does not freely agree to the marriage, or is not
mentally able to decide freely; and when one of the
parties is a direct descendant or sibling of the other
party (naturally or by adoption).
91
Similarly in Germany,
according to the available case law,
92
a marriage based
on a national law which allows children to be married
under the age of14 is not accepted, as it would contra
-
vene Article6 of the public order law.
Where domestic law allows for certain aspects to be
regulated by the law of the country of citizenship of
the non-national spouse, it appears important to have
exemptions for any stipulations in such laws that would
conflict with the protection of human rights and funda
-
mental freedoms.
Non-recognition of forced marriage
which took place abroad
If a forced marriage was contracted abroad and the
spouses subsequently settle in theEU, the question
emerges as to whether and under which conditions such
a marriage can be annulled or otherwise terminated.
This sub-section describes the approach taken in the
five EUMember States studied, first looking at proce
-
dures for registration or recognition of marriage and
then briefly touching upon the applicable law in cases
when a court is requested to annul a forced marriage.
In its 2005Recommendation on forced marriages and
child marriages, the Council of Europe Parliamentary
Assembly encouraged states to check the validity of
any marriage performed abroad, making its registration
subject to the presence of both parties and authoris
-
ing diplomatic staff to interview either or both spouses
beforehand.
93
88 The Netherlands, Civil Code Book10, Section28.
89 The Netherlands, Civil Code Book1, Section43.
90 The Netherlands, Civil Code Book10, Section6.
91 The Netherlands, Civil Code Book10, Section29.
92 Germany, KG Berlin, Beschluss vom 21.November2011–
1W79/11; see also the legal commentary: Huber/Göbel-
Zimmermann (2008), Ausländer- und Asylrecht, Munich, Beck,
C.H., p.269.
93 Council of Europe Parliamentary Assembly,
Recommendation1723 (2005), http://assembly.coe.int/Main.
asp?link=/Documents/AdoptedText/ta05/EREC1723.htm.
24
Addressing forced marriage in the EU: legal provisions and promising practices
According to French private international law, if the mar-
riage is performed abroad, the formal rules are those of
the country where the marriage takes place, while the
substantive rules are those of the nationality of each
spouse. The validity of a marriage contracted abroad is
verified during the registration of the marriage certifi
-
cate in France at the central department of civil status
in Nantes. Each time a marriage is registered, the central
department of civil status asks each spouse if he or she
consented to the marriage. The Public Prosecutor of
Nantes is the only authority competent to rule on the
registration of a marriage certificate and to call for the
annulment of the marriage.
94
In addition, when referred
to, a French judge will refuse to recognise a marriage
of someone under16.
95
Similarly, in Germany, for the recognition of a mar-
riage performed abroad, the formal rules are those of
the country where the marriage is performed and the
substantive rules are those of the nationality of each
of the prospective spouses. Applicability of a foreign
legal provision can however be refused if it is contrary
to German public order law (Article6 of the Introductory
Act to the Civil Code, EGBGB). As already mentioned, a
marriage based on a national law which allows children
to be married under the age of14 is not acceptable in
Germany. There is, however, no legal obligation to have
a marriage conducted abroad registered in Germany;
neither is there a set procedure or one responsible
authority. Generally, the question of whether a mar
-
riage is recognised in Germany is clarified as part of
other official acts, such as a change of name and tax
card entries. In the event of conflicts, the question of
whether or not a marriage is recognised in Germany is
decided on a case-by-case basis by the courts.
In the Netherlands, as a rule, a marriage that took place
abroad will be recognised.
96
Recognition can, however,
be withheld if the marriage contravenes Dutch public
order laws.
97
A new bill
98
would make clear the condi-
tions under which recognition of a foreign marriage will
be withheld. These conditions include the following:
n One of the spouses has not freely agreed to the
marriage, unless (s)he explicitly agrees with the
recognition.
n One of the spouses was younger than18 at the time
the marriage took place, unless both have reached
the age of18 or more at the time they request rec
-
ognition of the marriage.
94 See Art.1056-2 of the Code of Civil Procedure.
95 France, interview with deputy public prosecutor at the district
court of Nantes.
96 The Netherlands, Civil Code Book10, Section31.
97 Ibid., Section32.
98 The Netherlands, House of Representatives (Tweede Kamer der
Staten Generaal) (2013)
.
n One of the spouses is a direct descendant or a
sibling of the other spouse.
n One of the spouses was mentally incapable of
agreeing to the marriage, unless (s)he is capable
at the time the recognition is requested and (s)he
explicitly agrees to the recognition.
In Sweden, if a marriage is valid in another Nordic coun
-
try with which the spouses have significant ties, it will
be valid in Sweden. A marriage according to foreign law
is not recognised in Sweden if:
n according to Swedish law there were impediments
to the marriage at the time it was concluded (e.g.
spouse is under 18) and at least one of the parties
was a Swedish citizen or resident in Sweden;
99
n it is likely that it was concluded under force/
involuntarily.
100
Exemptions from the rule are possible only on excep-
tional or particular grounds. A person who marries
abroad is required to inform the Swedish authorities of
the marriage. If the authorities decide that the marriage
is valid, it will be entered in the register.
In the United Kingdom, for English courts to recognise a
marriage that has taken place in a foreign jurisdiction,
the formal rules are those of the country where the
marriage is performed, whereas the substantive rules
are those of the spouses’ country of habitual residence.
England and Wales would not recognise a marriage if
one of the parties to a marriage abroad lived in England
or Wales at the time of the marriage and there was a
lawful impediment in English law, in other words one
party was under the age of16 or the parties were
related within the prohibited degrees.
Once a marriage that took place abroad is recognised
in an EUMember State, a court could still annul it. Thus,
it is important to review which rules apply in Mem
-
ber States for the annulment of a marriage contracted
abroad. In France
101
if one spouse in a recognised mar-
riage contracted abroad requests an annulment for lack
of consent, the rules concerning consent are those of
the nationality of each spouse. Thus, the judge must
determine if the rule of the nationality of each spouse
requires consent. If it does, the judge can annul the
99 Sweden, Act on Certain International Legal Relationships Relating
to Marriage and Guardianship (Lag om vissa internationella
rättsförhållanden rörande äktenskap och förmynderskap),
Chapter1, Section8, point1, Amendment (2004:144).
100 Sweden, Act on Certain International Legal Relationships Relating
to Marriage and Guardianship (Lag om vissa internationella
rättsförhållanden rörande äktenskap och förmynderskap),
Chapter1, Section8, point2, Amendment (2004:144).
101 France, Civil Code, Art.202-1, www.legifrance.gouv.fr/
affichCodeArticle.do?idArticle=LEGIARTI000027416549&cidTexte
=LEGITEXT000006070721&dateTexte=20130525&oldAction=rech
CodeArticle.
25
Legal framework
marriage. If not, in France the judge must refuse to
apply these rules, which are incompatible with French
public policy. In addition, in case of marriage where
an intermediary (tuteur matrimonial interposé) was
involved, the national judge could annul the mar
-
riages where the consent of the intermediary replaced
that of the spouses. In the Netherlands, for marriages
contracted abroad, the law of the country where the
marriage took place and not Dutch law govern who
can apply for an annulment and on what grounds. This
suggests that annulment of forced marriage contracted
abroad is possible in the Netherlands only when pos
-
sible according to the law of the country where the
marriage took place. A good practice was identified in
the United Kingdom: when one or both spouses are
domiciled there, no matter where the marriage was
contracted, the rules for nullity are those established
in the United Kingdom.
Non-recognition of forced marriage contracted abroad
may raise challenges. Where provisions of a foreign
legal system may be applicable, courts may need to
resort to general concepts, such as public order to jus
-
tify rejecting a law or custom that conflicts with the
protection of human rights and fundamental freedoms.
2.4. Migration law and its links
with forced marriage
This section illustrates how migration law can impact on
the protection of victims and briefly examines whether
it can be used to prevent forced marriage, through spe
-
cific rules governing family reunification. Whereas the
previous sections primarily dealt with matters outside
EUcompetence, parts of this section relate to Union law
on free movement and on family reunification.
Combating forced marriage through
family reunification procedures
EUMember States may exercise their discretion on the
issue of entry permits to block opportunities for forced
marriage. They have adjusted their policies on family
reunification to discourage forced marriage as well as
sham marriages. Many perceive misuse of the right to
family reunification through marriages of convenience
as widespread, but it is not yet possible to compare
their incidence accurately across all Member States.
102
102 European Migration Network (2012). The aim of the report was to
identify the scale and scope of two instances of misuse, namely
marriages of convenience and false declarations of parenthood.
The study also summarises Member States’ current practices in
the detection and prevention of these types of misuse, which is
a concern for all Member States.
EU law regulates family reunification of lawfully residing
third-country nationals with their third-country national
family members in the Family Reunification Directive.
103
In the Free Movement Directive,
104
it also regulates the
right of EU nationals to bring their families (of what
-
ever nationality) when they avail themselves of free
movement rights and establish themselves in another
EUMember State. In contrast, family reunification for
EU nationals who have been living in their own country
and thus have not made use of free movement rights
remains entirely within Member State competence and is
more restrictive in some Member States. Conditions and
requirements for family reunification depend, therefore,
to a considerable extent on the status of the person who
wishes to bring or regularise his/her family members.
One step taken by Member States to address forced
marriage in the context of family reunification proce
-
dures is the prohibition of family reunification if there
are indications of forced marriage. Rules to that effect
exist in Germany and France and are being introduced
in the Netherlands.
105
In Germany, Article27 of the General Administrative
Regulation
106
stipulates that family reunification is not
permitted if there are concrete indications that one of
the spouses has been forced into marriage. Implement
-
ing regulations clarify how to apply this provision in
practice. Applicants should be interviewed separately,
without the presence of family members in order to avoid
the person being put under pressure. An indication of
forced marriage can be if the person gives contradictory
answers to the question whether (s)he was forced into
this marriage. A mere suspicion, however, is not sufficient
to deny residence. The regulation cautions against treat
-
ing arranged marriages and forced marriages equally. In
France, a permit for a spouse will be granted only when
the marriage is recorded in French consular records and
is thus recognised as valid and enforceable in France.
107
This procedure permits the verification of the consent
of the spouses. If detected, a forced marriage will not
be accepted.
Such rules can help in identifying instances of forced
marriage. They can also indirectly contribute to its pre
-
vention, at least for individuals who plan to move and
103 Council Directive2003/86/EC of 22September2003 on the right
to family reunification.
104 Directive2004/38/EC of the European Parliament and of the
Council of 29April2004 on the right of citizens of the Union
and their family members to move and reside freely within the
territory of the Member States.
105 The Netherlands, House of Representatives (Tweede Kamer der
Staten Generaal) (2013).
106 Germany, Allgemeine Verwaltungsvorschrift zum
Aufenthaltsgesetz, Art.27, www.verwaltungsvorschriften-im-
internet.de/pdf/BMI-MI3-20091026-SF-A001.pdf.
107 France, CESEDA (Code of Entry and Residence of Aliens and the
Right to Asylum), Art.L211-2-1.
26
Addressing forced marriage in the EU: legal provisions and promising practices
settle in the EU. Prohibiting family reunification, however,
does little to protect victims of forced marriages.
A second possible step which has been considered by
some EUMember States is raising the age for family
reunification. The EU Family Reunification Directive,
which regulates family reunification of third-country
nationals (it does not apply to Denmark, Ireland and the
United Kingdom), allows EUMember States to require the
third-country national sponsor and his/her spouse to be of
a minimum age (subject to a maximum of 21years) before
they can exercise the right to family reunification. The
European Commission clarified that minimum age “may
not be used as an overall threshold below which all appli
-
cations will be systematically refused, irrespective of an
actual examination of the situation of each applicant.”
108
Furthermore, the directive has to be applied with due
regard to the best interests of the child (Article 5(5)).
The Free Movement Directive does not allow Member
States to establish minimum age requirements for spouses
of EUnationals who exercise free movement rights.
Some Member States have raised the age of a spouse
in the context of family reunification procedures initi
-
ated by third-country nationals as a way of preventing
forced marriage. In2004, the Netherlands raised the
age limit for bringing a spouse for family reunification
purposes to 21from18years, for both the sponsor and
the spouse
109
– compared with 18 for those marrying in
the Netherlands. In2008, the government of the United
Kingdom also increased the age limit for reunification
with a spouse or fiancé(e) to 21years from18, for both
the sponsor and the spouse
110
– compared with16 as a
minimum age requirement for marriage in the United
Kingdom. Following a 2011Supreme Court decision
111
which found that the age limit violated Article8 of the
ECHR, the limit was returned to 18years of age,
112
still
higher than the United Kingdom’s minimum marriagable
age of 16years. The reasoning behind raising the age
limit, for both the Netherlands and the United King
-
dom, was that slightly older people would be better
able to resist a forced marriage because they would
have greater maturity, access to education and financial
108 European Commission, Communication on guidance for
application of Directive2003/86/EC on the right to family
reunification, COM(2014)2010 final, 3April2014 at point2.3.
See also the Advocate General Opinion in CJEU, C-338/13, Marjan
Noorzia, 30April2004.
109 See Aliens Decree2000, Section3.14 and3.15.
110 United Kingdom, Border Agency (2008) Statement of Changes to
Parliament, Immigration Rule Paragraph277, p.21, https://www.
gov.uk/government/publications/statement-of-changes-to-the-
immigration-rules-hc1113-4-november-2008.
111 United Kingdom, R (Quila and another) v. Sec of State for the
Home Dept [2011] UKSC45, www.supremecourt.uk/decided-
cases/docs/UKSC_2011_0022_PressSummary.pdf.
112 United Kingdom, Home Office, Border Agency, https://www.gov.
uk/government/publications/immigration-rules-part-8.
independence.
113
The Netherlands published an official
evaluation of the change of the law increasing the
minimum age for family reunification in2009.
114
It was
inconclusive as to whether the higher age limit had
helped to combat forced marriages or not.
In Germany
115
and Sweden,
116
the minimum age for
family reunification with a spouse is 18years for both
the sponsor and the spouse, which is also the minimum
age for marriages which are performed in the terri
-
tory of these countries. In France, there is no minimum
age for family reunification. Since the marriage has to
be registered in France, however, the marriage must
respect French private international law. Provisions
regarding the minimum age are those of the law of
the nationality of each spouse. Thus, if the law of the
country of which they are nationals allows marriage
under 18, it will, in principle, be considered legal. If the
spouse is under16, however, it could be considered as
contrary to French public order. These principles are the
same whether the marriage concerns a French national,
an EUnational or a third-country national.
113 United Kingdom, Border Agency (2008), p.53; The Netherlands,
Decree of 29September2004 amending the Aliens Decree2000
relating to the implementation of Directive2003/86/
EG (Besluit van 29september2004 tot wijziging van het
Vreemdelingenbesluit2000 in verband met de implementatie
van de Richtlijn 2003/86/EG van de Raad), https://zoek.
officielebekendmakingen.nl/stb-2004-496.html.
114 Research and Documentation Centre (Wetenschappelijk
Onderzoek- en Documentatiecentrum, WODC) and Indiac (2009).
115 Germany, German Residence Act (Aufenthaltsgesetz, AufenthG),
Art.30, www.gesetze-im-internet.de/aufenthg_2004/__30.
html.
116 In Sweden, if either of the spouses or cohabiting partners is
less than 18years of age a residence permit may be refused.
When assessing whether or not a residence permit should be
refused, account must be taken of the alien’s other personal
circumstances and family situation (Aliens Act, Chapter5
Section17a, second paragraph, point3 and third paragraph,
amendments made through 2006:220).
There is no evidence available to FRA that raising the
minimum age for family reunification is an effective
tool to combat forced marriage. As noted by Advocate
General Paolo Mengozzi in C-338/13 (Marjan Noorzia
– a case concerning family reunification of third-
country nationals) it may, however, have the effect of
preventing the reunification of genuine relationships,
if applied indiscriminately without an examination
of the individual circumstances. Given that family
reunification procedures may last for several months,
raising the minimum age may also result in delays
in reunification. As recommended by the European
Commission in its April2014 guidance on the application
of directive 2003/86/EC on the right to family
reunification, it should be possible to submit family
reunification requests and have these examined before
the person reaches the necessary age.
27
Legal framework
Right to independent resident permit
For third-country nationals who are victims of forced
marriage the question arises as to what happens with
their residence permit if the marriage is annulled, ends
in divorce or the marital cohabitation ends. Third-
country nationals who join their spouses in the EU may
be required to remain married or in a relationship for
a number of years before they are granted an autono
-
mous residence status. Where this is the case, victims of
domestic violence, including of forced marriage, whose
residence status is dependent on that of the perpetrator
are de facto forced to stay in abusive relationships for
long periods of time
.117
According to Article59(1) of the Istanbul Convention
victims of all forms of violence covered by the con
-
vention (therefore including forced marriage) have to
be granted autonomous residence permits following
the dissolution of the marriage or the relationship in
case of particularly difficult circumstances. The victim’s
expulsion is to be suspended to enable them to apply
for an autonomous permit (Article59(2)). A renewable
residence permit must be issued where the competent
authorities consider the victim’s stay necessary owing
to his or her personal situation and when it is required
for cooperation with the investigation and criminal
proce edings (Article 59(3)).
The right to an autonomous residence permit is also
envisaged for certain persons under EU law. Third-
country national victims of domestic violence who are
family members of EU nationals who have made use of
free movement rights, are entitled under Article13(2)(c)
of the Free Movement Directive to an autonomous resi
-
dence permit in case of divorce or termination of the
registered partnership.
118
For family members of third-
country national sponsors, according to Article15(3) of
the Family Reunification Directive,
119
“Member States
shall lay down provisions ensuring the granting of an
autonomous residence permit in the event of particu
-
larly difficult circumstances” following divorce or sepa-
ration. In its guidelines on the implementation of the
Family Reunification Directive, theCommission noted
117 See Council of Europe (2011b), p.45.
118 Directive2004/38/EC of the European Parliament and of the
Council of 29April2004 on the right of citizens of the Union
and their family members to move and reside freely within
the territory of the Member States amending Regulation (EEC)
No1612/68 and repealing Directives64/221/EEC, 68/360/
EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/
EEC, 90/365/EEC and 93/96/EEC, OJL158, 30April2004,
pp.77–123, http://eur-lex.europa.eu/LexUriServ/LexUriServ.
do?uri=CELEX:32004L0038:en:NOT.
119 Council Directive2003/86/EC of 22September2003 on
the right to family reunification, OJL251, 3October2003,
pp.12–18, http://eur-lex.europa.eu/LexUriServ/LexUriServ.
do?uri=CELEX:32003L0086:EN:NOT.
that such “difficult circumstances” would, for instance,
include forced marriage.
120
The review of the legislation in the fiveEUMember States
under study shows that, unless another type of residence
permit is granted (e.g. for work or study) a third-country
national who came through family reunification is nor
-
mally entitled to have a residence permit as long as the
marriage or the relationship is not dissolved. National
law may provide for a probationary period before a per
-
manent and/or autonomous residence permit is granted
to the spouse, during which their rights are limited (for
example, in the United Kingdom during the 24-30months
of probationary period, spouses do not have recourse to
public funds, although a special programme has been
set up to support victims of domestic abuse
121
). After
fiveyears of continuous residence the spouse should
be granted a permanent residence permit, when the
conditions set out in the Long-Term Residents Directive
are fulfilled (Directive2003/109/EC, not applicable to the
United Kingdom).
When the spouse is a victim of domestic violence,
access to an autonomous residence permit may be
easier. In France, when the cause of the separation is
domestic violence (and there is considerable discretion
in assessing this),
122
the authorities cannot withdraw the
residence permit and if the third-country national has
been awarded a protection order they have the duty to
award him/her a residence permit.
123
In Germany, the
spouse’s residence permit is extended for oneyear after
termination of marital cohabitation if marital cohabita
-
tion lawfully existed for at least threeyears (twoyears
for Turkish nationals). In cases of ‘particular hardship’,
including when the spouse is a victim of domestic vio
-
lence, the requirement of threeyears can be waived.
124
In the Netherlands and the United Kingdom, victims of
domestic violence can obtain an autonomous residence
permit without having to fulfil minimum waiting periods
120 European Commission, Communication on guidance for
application of Directive2003/86/EC on the right to family
reunification, COM(2014)2010final, 3April2014 at point5.3.
121 See the Destitute Domestic Violence Concession on the United
Kingdom Border Agency website: www.ukba.homeoffice.
gov.uk/visas-immigration/settlement/applicationtypes/
applicationformset(dv)/.
122 France, Ministry of Interior, Instruction regarding the right of
residence of victims of domestic violence (Instruction NOR
IOCL1124524C relative au droit au séjour des personnes victimes
de violences conjugales et à la mise en oeuvre des articles L.313-
12, L.316-3 et L.431-2 du CESEDA), 9September2011, www.gisti.
org/IMG/pdf/noriocl1124524c.pdf, p.2.
123 Ibid., p.3.
124 Germany, German Residence Act (Aufenthaltsgesetz, AufenthG),
Art.31(2), www.gesetze-im-internet.de/aufenthg_2004/__31.
html.
28
Addressing forced marriage in the EU: legal provisions and promising practices
or other requirements.
125
In Sweden, certain conditions
for an autonomous residence permit can be waived if
a foreigner or his/her children have been exposed to
violence or another serious violation.
126
The right to return for victims of forced
marriage taken abroad
Forced marriage often has an international dimension.
Whereas some persons are forced to enter into a mar
-
riage in the country in which they live, others are first
taken to another country, often outside the EU, where
they are forced to marry.
127
In its Article59(4), the Istanbul Convention addresses
residence permits for forced marriage victims, entitling
them to regain residence status if they have lost it as a
result of having been brought into another country for
the purposes of forced marriage.
In the EUMember States reviewed, the right to a return
permit depends on a number of factors including the
time spent in the EUMember State, the age of the
applicant and her/his prospects for integration in the
Member State. Some of these conditions can be waived
if the applicant is a victim of domestic violence, includ
-
ing forced marriage.
The situation in Germany is described as an illustra
-
tive example. Normally, a residence permit expires if
the third-country national leaves the territory for rea
-
sons which are not temporary or if the person leaves
Germany and does not re-enter German territory within
sixmonths (or a longer period set by the immigration
125 The Netherlands, Amendment of Book1 and Book10 of the
Civil Code concerning the marriage age, the impediments
to marriage, the annulment of marriage and the recognition
of marriages entered into abroad (Act on the prevention
of forced marriage) (Wijziging van Boek 1 en Boek 10 van
het Burgerlijk Wetboek betreffende de huwelijksleeftijd, de
huwelijksbeletselen, de nietigverklaring van een huwelijk en
de erkenning van in het buitenland gesloten huwelijken (Wet
tegengaan huwelijksdwang), Parliamentary documents 33488
No.68, July2013, www.eerstekamer.nl/behandeling/20130705/
nota_naar_aanleiding_van_het_3/document3/f=/vjbbck3koex9.
pdf.
United Kingdom, Border Agency (2013a).
126 Swedish Government, Women and Children in the Borderlands
of Jurisdiction (Kvinnor och barn i rättens gränsland), www.
regeringen.se/content/1/c6/19/58/65/538ce845.pdf, p.30.
127 See Council of Europe (2011b).
authority).
128
The right to return generally applies to
foreigners whose ordinary residence as a minor was in
Germany, who resided in Germany for eightyears prior
to their departure and attended school in Germany for
sixyears, and who can assure their livelihood either by
their own economic activity or through maintenance
guarantees by relatives.
129
According to Article51(4) of
the Residence Act, a deviation from these prerequisites
is possible if the foreigner has been unlawfully forced
into marriage by means of violence or threat of seri
-
ous harm and has been prevented from returning to
Germany and is assessed as having positive integration
prospects in Germany. The application for the permit
must be filed within three months after the coercive
situation has ended and at the latest within 10years
after departure.
130
Overall, the right to re-enter appears to be subject to a
varying degree of pre-conditions, which, depending on
the individual case, may be difficult to fulfil.
2.5. The right to asylum for
victims of forced marriage
The risk of forced marriage may drive persons to flee
their homelands in pursuit of international protection.
The 1951Convention relating to the Status of Refugees
requires the existence of a “well-founded fear of perse
-
cution” to qualify for refugee status. Article9(2) of the
EUQualification Directive (2011/95/EU) lists “acts of a
gender-specific or child-specific nature” among possible
acts of persecution. Article60 of the Istanbul Conven
-
tion reiterates the duty of state parties to ensure that
gender-based violence may be recognised as a form of
persecution. The UN High Commissioner for Refugees
(UNHCR) guidelines on gender-related persecution,
131
which provide guidance to states on how to interpret
the term ‘persecution’ in the context of gender-related
claims, note that “female and male applicants […] may
[…] face forms of persecution specific to their sex”.
Forced marriage is listed as one such possible form of
persecution in paragraph36(vii). The guidelines also
suggest a number of procedural safeguards for the
examination of gender-based claims.
128 Germany, German Residence Act (Aufenthaltsgesetz,
AufenthG), Art.51(4) No.6/7, www.gesetze-im-internet.de/
aufenthg_2004/__51.html.
129 Ibid., Art.37(1), www.gesetze-im-internet.de/
aufenthg_2004/__37.html.
130 Ibid., Art.37(2a), www.gesetze-im-internet.de/
aufenthg_2004/__37.html.
131 UNHCR, Guidelines on International Protection: Gender-
Related Persecution within the Context of Article1A(2) of the
1951Convention and/or its 1967Protocol Relating to the Status of
Refugees, HCR/GIP/02/01, 7May2002.
In conclusion, a residence permit which is not dependent
on the perpetrator would be required to promote access
to justice for third-country nationals who are victims of
forced marriages. It would allow victims to approach
the authorities without fearing that the perpetrator will
retaliate by withdrawing or threatening to withdraw
residence benefits under the perpetrator’s control.
29
Legal framework
In addition, to qualify for refugee status, persecution
must be based on one of the five grounds listed in
Article1 of the 1951 Convention: race, religion, nation
-
ality, membership of a particular social group or politi-
cal opinion. Gender-related forms of persecution have
often been analysed under the ground of “membership
of a particular social group”. At EUlevel, Article10 of
the Qualification Directive requires that “gender related
aspects, including gender identity, shall be given due
consideration for the purposes of determining member
-
ship of a particular social group or identifying a charac-
teristic of such a group” (Article10). Similarly, Article60
of the Istanbul Convention calls for a gender-sensitive
interpretation of each of the fivegrounds listed in the
1951Convention. In sum, persons at risk of forced mar
-
riage as well as victims of forced marriage may qualify
for refugee status.
An analysis of refugee decisions involving a claim for
forced marriage conducted in Australia, Canada, the
United Kingdom
132
and the United States
133
show that
the prospect of being forcibly married rarely triggers
protection under refugee law. Adjudicators often grant
or deny the claim based on whether other related harms
such as rape, physical beatings or female genital mutila
-
tion are also present.
In all five EUMember States reviewed by FRA, persons
at risk of forced marriage or victims of forced marriage
may, under certain circumstances, be entitled to refu
-
gee status, although case law shows that often they
qualify for only subsidiary protection.
134
When refugee
status is granted, the victim is usually considered to
have a well-founded fear of persecution due to her
membership of a particular social group, often defined
as a specific subgroup of women.
135
Sometimes, forced
marriage is experienced together with other types of
gender-based violence, as the following example from
France illustrates: a Nigerian national who feared geni
-
tal mutilation and forced marriage in her home village
applied for asylum in France. The French National Court
of Asylum Law considered that she feared persecu
-
132 Dauvergne and Millbank (2011).
133 Seelinger (2010).
134 See, for example, France, National Court of Asylum Law (Cour
Nationale du Droit d’Asile), 24January2013, n.12018468;
Germany, Administrative Court Trier, decision of 31October2012
– 5K1448/11.TR and Administrative Court Lüneburg, decision of
27November2012, 3A113/11.
135 For example, women who refuse to be subject to forced
marriage (France, Cour Nationale du Droit d’Asile decision of
11December2012, No.12003324), women who originate from
an archaic and patriarchal society, characterised by a traditional
understanding of what amounts to respectable behaviour for
a woman (Germany, Administrative Court Darmstadt, decision
of 18June2012, 2K161/11.DA.A), divorced women (Germany,
Administrative Court Stuttgart, decision of 14June2012,
A11K4461/11), girls considered to be of the ideal marriageable
age (e.g. 16years old or younger) in Afghanistan (Germany,
Administrative Court Cologne, decision of 5October2010,
14K7186/09.A).
tion on the ground of membership of a particular social
group. She could not find any alternative protection in
another part of Nigeria because there was no possibility
of a normal life without the consent of her parents to
marry someone.
136
Addressing forced marriage in asylum procedures would
benefit if clear guidance is given to eligibility officers.
Only in the Netherlands did FRA find some advice on
this issue, but it was not issued by the asylum authority.
The Dutch Advisory Committee for Foreign Affairs, an
independent advisory body established by the Immigra
-
tion Act2000 to advise the Minister of Justice and the
parliament on immigration policies, published a report
advising that under certain circumstances forced mar
-
riage, including a threat of forced marriage, should be
regarded as a ground for asylum.
137
It must be shown
in such claims that the country of origin does not offer
safe places for the claimant to stay and that all efforts
have been made by the claimant to obtain protection
against being forcibly married.
136 National Court of Asylum Law (Cour Nationale du Droit d’Asile),
Decision No.574495, 23April2008.
137 Advisory Committee on Aliens Affairs (Adviescommissie
Vreemdelingenzaken) (2005).
The increasing ratification of the Istanbul Convention
and the implementation of its Article 60 may offer
a new opportunity for Member States to review the
way they handle claims for gender-based persecution
in general and forced marriage claims in particular.
Existing procedural safeguards to examine gender-
based claims as well as substantial questions
concerning the interpretation of the refugee definition
could be revisited making full use of the above-
mentioned guidance developed by UNHCR and of the
support the European Asylum Support Office (EASO)
may provide. In this regard, EASO is currently working
on the development of a training module for asylum
case officers on Gender, Gender Identity and Sexual
Orientation, which will include specific reference to
the concept, causes and consequences of this serious
human rights violation. In this context, attention
should be paid that children who are considered to
be emancipated as a result of forced marriage are not
deprived of the special protection they require during
the asylum procedure.
31
3
Promising practices
inpreventing forced marriage
This chapter describes promising practices in preventing
forced marriage. Three general criteria were adopted to
select a practice or initiative as promising: (i) consen
-
sus in the secondary data and/or among the national
experts on a specific practice as being ‘promising’;
(ii)existence of external evaluation which has assessed
the effectiveness of the practice; and (iii) relevance and
transferability to other settings and EUMember States.
Sections3.1 – 3.5 use research and information collected
in five EUMember States to indicate how the provisions
on prevention contained in the Istanbul Convention can
be put to use in practice. The comparative research con
-
ducted so far,
138
together with evidence collected in the
fiveMember States for this report, suggests a number
of particularly effective prevention practices including:
raising awareness about forced marriage; training pro
-
fessionals who might be in contact with potential vic-
tims; implementing prevention interventions in school
settings; and direct and anonymous assistance such as
24-hour helplines and anonymous online counselling.
Prevention of forced marriage is crucial if the human
rights of women and men are to be protected and
their human dignity preserved. Specifically, prevention
means sparing potential victims the trauma of forced
marriage. Considering that victims’ families often per
-
petrate this crime, prevention can also ensure that vic-
tims do not experience physical or emotional alienation
from their families, something which compounds the
trauma experienced. Importantly, prevention also gives
otherwise vulnerable persons the chance to retain their
physical integrity, dignity and individual freedom and
autonomy by giving them the chance to make their own
decisions for their life and future.
138 Flying Team against Violence (2012).
Article12 of the Istanbul Convention
139
specifically pre-
scribes that state parties must “take the necessary
measures to encourage all members of society, espe
-
cially men and boys, to contribute actively to prevent-
ing all forms of violence covered by the scope of this
Convention” and that “culture, custom, religion, tradi
-
tion or so-called “honour” shall not be considered as
justification for any acts of violence” covered by the
convention. The Convention provides a number of con
-
crete obligations for the prevention of violence against
women, which are also relevant to prevent forced mar
-
riage. These are:
n awareness raising at all levels, including with the
public at large – Article13;
n the inclusion of teaching materials to prevent violence
against women in education curricula – Article14;
n training for relevant professionals–Article15;
n preventive intervention and treatment
programmes –Article16;
n participation of the private sector and the
media–Article17.
It is crucial to educate (potential) perpetrators. Research
conducted on forced marriage suggests that the problem
is particularly linked to traditional power relationships
based on hierarchy, patriarchy and ‘honour’.
140
These
are, in turn, intimately linked and ultimately dependent
on socially cons tructed roles that a given society assigns
to men and women or parents and children. These roles
and the expectations thereby generated also legitimise
the practice of forced marriage. Consequently, the per
-
139 Council of Europe (2011b).
140 European Parliament (2008), p.37.
32
Addressing forced marriage in the EU: legal provisions and promising practices
petrators may not regard their actions as illegitimate.
Education is thus one of the most important elements
of prevention.
141
In addition, educational institutions which foster a
supportive environment are in an ideal position to
encoura ge potential victims of forced marriage, espe
-
cially girls and women, to speak out.
142
Staying in school
and achieving a higher level of education, such as
secondary rather than primary, is strongly associated
with later marriage.
143
Some EUMember States have developed or are develo-
ping national plans which address gender-based vio
-
lence and/or forced marriage. Germany, for example,
adopted a national integration plan in 2007
144
in which
141 Ibid.
142 Refuge (2010), p.20.
143 UN, UNFPA (2012), p.51.
144 Germany, Federal Government (Bundesregierung) (2007).
the federal government itself made several commit-
ments and also recommended steps for the fede-
ral states to take to combat forced marriage. The
government’s commitments included, among others,
improving the empirical knowledge of forced mar
-
riage prevalence rates. Such information helps prevent
forced marriage, albeit indirectly, because the lack of
data often prevents action. Germany also committed
to: ensuring a sufficient number of shelters and counsel
-
ling services for victims of forced marriage; improving
easily accessible support for persons affected/threate-
ned by forced marriage; and conducting information
and awareness-raising campaigns. Sweden
145
and the
United Kingdom
146
also have national action plans that
aim at eliminating forced marriage. The Dutch national
plan is described as a promising practice.
145 Sweden, Ministry of Education (2009).
146 United Kingdom, Home Office (2011).
147 The Netherlands, Immigration and Naturalisation Service
(Immigratie en Naturalisatiedienst) (2013).
Promising practice
Joining up policies and practices
Dutch parliament adopted a national policy plan in June2013 that aims to combat forced marriages, honour-
related violence and marital abandonment as part of a government-wide approach to violence in dependency
relationships. ‘Marital abandonment’ is when a husband abandons his wife and/or their children in their country
of origin to marry someone else.
147
The policy plan focuses specifically on prevention, early detection, stopping the pressure (to marry), reducing
personal injury, detecting offenders and penalising them. Municipalities implement a joined-up governance
approach in cooperation with different actors, such as police, public prosecutors, youth care, social work, health
services, educational institutions, agencies supporting victims of domestic violence, and women’s shelters. The
target groups are the (potential) victims of forced marriages (with special focus on the young), their families
and the perpetrators. Although in its early stages, the policy plan’s comprehensiveness suggests that it is a
promising practice.
Under the national plan several projects have been initiated, including:
n Information and education: a multi-media campaign oriented towards youth raises awareness about their
human rights and the freedom to choose a partner.
n School and youth agency: this project focuses on education and training activities for professionals working
with young people, such as teachers, mentors, school attendance officers and school nurses to ensure early
identification of young people at risk of forced marriage. Schools will also be prompted to include the subject
of self-determination and other relevant topics in their curriculum.
n Involvement of affected communities: prevention and early detection is facilitated through discussion
among communities potentially affected by forced marriage. This aims to change the mindset within those
communities. The government has made a commitment to facilitate discussion on the topics of forced
marriage, marital captivity and abandonment.
n National cooperation and coordination mechanism: the government is planning to develop a cooperation
protocol between care sector professionals, the police and the prosecutors of forced marriage and
abandonment. Furthermore, in the interest of increasing knowledge and expertise about forced marriage
among professionals, a national coordination mechanism will be created, similar to the United Kingdom’s
Forced Marriage Unit. This body will also facilitate the repatriation of victims: it will be the contact point
for the Ministry of Foreign Affairs and will arrange for escort throughout the journey, as well as providing
assistance, protection and reception in the Netherlands.
33
Promising practices inpreventing forced marriage
3.1. Raising awareness about
forced marriage
Awareness-raising activities include media campaigns
and education activities. They can take a range of
forms, from comprehensive to one-time events. Such
programmes are a powerful tool to educate (poten
-
tial) perpetrators, victims and communities about
the illegal status of forced marriage and the nega
-
tive consequences for victims as well as perpetra-
tors. In accordance with Article12(6) of the Istanbul
Convention,
148
these programmes also contribute
to the fight against forced marriage by empowering
(potential) victims, as they inform them of their rights
and encoura ge them to report forced marriage. This is
especially relevant for young people, who have been
shown to be more vulnerable to this form of violence.
Awareness raising can help prevent forced marriage
by informing potential victims what constitutes forced
marriage, that it is illegal and that duress can take not
only physical but also emotional and financial forms. It
can also teach them about their individual right to say
no. Potential victims will ideally also be taught to look
out for the warning signs of forced marriage, such as the
confiscation of their mobile phones and the monitoring
of their movements.
149
Awareness-raising programmes initiated by public insti-
tutions such as the Swedish police website (see Prom-
ising practice3.1) express the state’s stance towards
forced marriage. They make it explicit to citizens that
the practice is illegal.
148 Council of Europe (2011b), Art. 12.
149 Refuge (2010), p.19.
3.2. Training of professionals
Article25 of the EU Victims’ Directive requires Member
States to ensure that officials likely to come into con
-
tact with victims, such as police officers and court staff,
receive general as well as specialist training. According
to Article15 of the Istanbul Convention, state parties
are obliged to provide or indeed strengthen appro priate
training for relevant professionals to help prevent and
detect forced marriage.
150
Training programmes are
particularly important for professionals who come in
contact or are directly involved with (potential) victims,
such as legal counsellors, social workers, teachers,
school nurses, school counsellors, doctors, police
officers, registrars and prosecutors. Such programmes
150 Council of Europe (2011b), Art.15.
Some EUMember States have adopted national plans
which also cover the fight against forced marriage.
The more promising prevention programmes are
all-encompassing. That is, they address the issue of
forced marriage from multiple directions at onceOne
and the same programme may offer education
campaigns and anonymous counselling, for example,
as well as taking action at schools to prevent forced
marriage. Integrated programmes exert a stronger
effect by addressing multiple contributing factors at
once. As the capacity to operate on multiple levels at
once requires considerable funds, such programmes
are often wholly or partially state-funded.
n Police and other law enforcement measures: the role of criminal law is important to prevention, as it sends
a signal to (potential) perpetrators about what is and is not acceptable.
Source: Minister of Social Affairs and Employment (Minister van Sociale Zaken en Werkgelegenheid) (2013), Letter sent to
House of Representatives (Tweede Kamer der Staten Generaal), 6June2013, www.rijksoverheid.nl/bestanden/documenten-
en-publicaties/kamerstukken/2013/06/07/kamerbrief-aanpak-huwelijksdwang-en-achterlating/kamerbrief-aanpak-
huwelijksdwang-en-achterlating.pdf
Promising practice
Using a police website to
address forced marriage
The website of the Swedish police contributes to
raising awareness on forced marriage by:
n making a public commitment. It states clearly
that domestic violence – a broad category
under which it also lists psychological duress
and forced marriage – is unacceptable, illegal
and something that the Swedish police takes
very seriously;
n encouraging victims and third parties to
report. It offers support and protection for
those who are afraid to do so or are currently
under psychological or physical threat to their
wellbeing;
n offering comprehensive information. It
clarifies what constitutes domestic violence
and forced marriage and how to recognise it. It
explains that forced marriage is not limited to
girls and women but also affects boys and men,
especially in the context of honour culture;
n providing extensive referrals to relevant
professionals as well as a FAQ. The FAQ guides
potential victims, for example, on what to do
to prevent the crime before it happens if they
suspect that a planned family vacation is going
to result in abandonment/forced marriage.
Source: Swedish Police, http://polisen.se/Page
Files/340173/Kom_till_oss_EN_130611.pdf
34
Addressing forced marriage in the EU: legal provisions and promising practices
not only help these professionals to identify potential
victims of forced marriage, but assist in ensuring that
they can collaborate and be part of an effective refer
-
ral system. Crucially, the ability to identify potential
victims and to ensure that a network of relevant actors
can offer timely support may not only prevent violence
from occurring in the first place but also stop the abuse
when a person has already been victimised.
3.3. Implementing prevention
interventions in school
settings
Young persons are the most vulnerable and likely
victims of forced marriage, so programmes in edu
-
cational settings are a unique prevention tool. Pro-
grammes in secondary school settings, for example, aim
to educate and empower not only (potential) victims,
but also their peers, teachers and mentors, who are in
close contact with (potential) victims and would be in
a position to identify warning signs if they knew how
to. Prevention programmes implemented in schools
have the added value of reaching the most vulnerable
in a safe setting. Such promising practices have been
identified in Germany (see Promising practice3.3), the
Netherlands
151
and Sweden.
152
151 MOETD (2012, 2013).
152 Swedish Police (Polisen) (2012).
Promising practice
Training on forced marriage
The e-Module forced marriage is a free, online
training course designed to help professionals
identify early signs to prevent forced marriage and
teach them how to act in cases of suspected forced
marriage. The module, available since the summer
of2013, is meant for social workers, teachers, police
officers, public prosecutors, workers at healthcare
institutions and youth workers. The module deals
with issues such as when and how ‘honour’ is
involved in forced marriage; what signals are an
indication of a (forthcoming) forced marriage; how
a professional such as a social worker or teacher
can handle these signals; and how professionals
can learn from one another (interactive learning).
The module, commissioned by the Ministry of
Social Affairs and Employment, is part of the
Dutch government’s recently intensified drive
to combat forced marriages. The Next Page, an
e-academy, and Fier Fryslân, a specialised centre
for honour-related violence and forced marriage,
created it jointly. Professionals who have
completed the course are awarded accreditation
points that count towards the annual total needed
for in-service training, making it more attractive
than competing training options that do not offer
such points. Participant evaluations of the training
course have been very positive so far.
Source: www.thenextpage.nl/index.aspx?chapterid=65&
contentid=547&id=103&cookiesallowed=true
Promising practice
Transforming young men’s attitudes
Some German secondary schools use a prevention
programme that targets one of the main triggers
of forced marriage: the culture of honour. As most
perpetrators are male, the main objective of the
‘Heroes’ project is to encourage young men with
an immigrant background to question traditional
views of gender inequality in order to prevent
honour-based violence. The main idea behind
this programme is that young men may be more
receptive to alternative perspectives and can
exert a positive influence on their peers.
The target group is young men with an immigrant
background. The young men participate in weekly
in-school workshops for about nine months. The
main topics of the workshops are gender equality,
the concept of honour and human rights. During
the workshops, the young men are encouraged
to discuss views and stereotypes and to develop
individual stances on the questions of manhood
and the treatment and rights of women.
Once trained, the Heroes visit schools, aiming to
change traditional views on gender inequality and
to prevent honour-based violence. Central to the
project is the idea of peer education; the Heroes
have similar backgrounds to those of the young
people with whom they carry out the workshops.
Founded in 2007 in Berlin, where it is run by a
specialised centre for the prevention of sexual
abuse of girls and boys (Strohhalm e.V. Fachstelle
für Prävention von sexuellem Missbrauch von
Mädchen und Jungen), the project has since
expanded to other German cities – Augsburg,
Cologne, Duisburg and Munich. For the first
three years, the project was funded by the
Childhood Foundation. Currently it is financed by
donations and seminars; however at the time
of writing, the financial resources were almost
exhausted and the future of the project uncertain.
In the city of Berlin alone, 5,200pupils have already
been reached by young Heroes. The Heroes
project regularly organises information evenings
for parents to make the work transparent and
reduce mistrust.
Source: www.heroes-net.de
35
Promising practices inpreventing forced marriage
3.4. Direct and anonymous
assistance
Where such services are available, potential victims
can turn for assistance to 24-hourhelplines, contact
points and online counselling if they suspect they might
fall victim to forced marriage. This might occur when,
for example, they realise that a planned family vaca
-
tion to the country of origin disguises an attempt to
force them into marriage. Such assistance points can
guide the victim in taking the relevant steps to avoid
being forcibly married, as well as to provide referrals
to shelters where refuge can be sought. Furthermore,
assistance points which provide legal information can
clarify the rights states afford to (potential) victims. This
is particularly relevant for individuals with an immigrant
background, as they may find themselves confused by
the number of different legal systems that could apply
(e.g. that of the EUMember State, that of the coun
-
try of origin). Besides their prevention function, such
resources also play a vital role in supporting victims
(see Chapter4).
37
4
Victims’ support services:
promising initiatives
Victims of forced marriage often do not know to whom
to turn and where to find help. Besides feelings of shame
and fear of stigmatisation, victims also often avoid
speaking up because they are unaware of their rights
and of available protection and support measures.
153
The EUVictims’ Directive
154
obliges EUMember States to
ensure that victims of crime receive appropriate infor
-
mation, support and protection. The directive applies
to all victims of crime.
The EUVictims’ Directive does not define support ser
-
vices but lists what victims support services should
comprise. This may include, for example, information
and support on the rights of victims of crime, referral to
specialist support services; emotional support; advice
relating to financial and practical issues arising from
the crime; advice relating to the risk and prevention of
secondary and repeat victimisation, of intimidation and
of retaliation; safe shelters and targeted support for
victims with specific needs, such as victims of sexual
violence, victims of gender-based violence and victims
of violence in close relationships, including trauma sup
-
port and counselling (Article9). Specialist support ser-
vices should be based on an integrated and targeted
approach (Recital38).
Article22 of the directive requires a timely individual
risk assessment to determine if the victim requires spe
-
cial measures, which may in particular be the case for
victims of gender-based violence (Recitals17 and18). In
this regard, particular attention must be paid to victims
whose relationship to and dependence on the offender
153 European Parliament (2008).
154 Directive 2012/29/EU of the European Parliament and of the
Council of 25October2012 establishing minimum standards
on the rights, support and protection of victims of crime, and
replacing Council Framework Decision2001/220/JHA.
make them particularly vulnerable (as would be the
case for forced marriage victims). Article8 of the direc
-
tive obliges states to provide confidential specialist sup-
port services.
Until recently, specialised support for victims of forced
marriage has generally been scarce and provided exclu
-
sively by women’s NGOs and the voluntary sector. NGOs
and feminist research have diagnosed and frequently
criticised this shortage for failing to meet the needs of
women exposed to different types of violence.
155
Often
specialised support services suffer from underfunding.
Sustainable funding –particularly for specialised ser
-
vices or organisations for women and their children–
is essential to making such services widely accessible
(free of charge, geographically distributed, multilingual
and disability friendly), as the European Institute for
Gender Equality (EIGE) points out.
156
Accessibility is
important to ensure full victim support.
157
Although
there are EUMember States that fund some of the
specialised services for victims of forced marriage, this
generally covers just part of their funding needs and
most of the service providers need to raise additional
funds to cover costs.
158
This chapter identifies promising practises in the provi-
sion of specialised support by different policy actors,
NGOs and other agencies. Based on the examination
of existing research and the information collected in
the five EUMember States under review promising
practices4.1–4.4 describe initiatives based on wide-
ranging strategies that recognise the need for a holistic
155 See, for example Gill and Anitha (2011), p.137.
156 European Institute for Gender Equality (EIGE) (2013).
157 EIGE (2013), pp.32–33.
158 This is also true of specialised support services tackling intimate
partner violence. For details, see EIGE (2013), p.33.
38
Addressing forced marriage in the EU: legal provisions and promising practices
response both to support victims and to tackle and pre-
vent forced marriage.
To identify a practice as ‘promising’, in this chapter, in
addition to the criteria listed in the introduction of this
paper, FRA drew inspiration from the EUVictims’ Dire-
ctive and ChapterIV of the Istanbul Convention. In addi
-
tion, the report on Combating violence against women:
Minimum standards for support services published for
the Council of Europe
159
and the recommendations made
by EIGE in its2013 review of support services for victims
of intimate partner violence
160
provided further ideas
as did findings from the FRA research on victim sup
-
port services.
4.1. Shelter/refuge with
anintegrated approach
Provision of specialised shelters for girls and women
and their children in need of a safe place is a duty under
159 Kelly and Duboi, Council of Europe (2008). For entire list of
minimum standards, see pp.37–58.
160 European Institute for Gender Equality (EIGE) (2013).
Article23 of the Istanbul Convention as well as under
Article9 of the EUVictims’ Directive.
In addition to providing a safe place, shelters should be
available free of charge and be accessible for women and
girls with different needs and backgrounds, including
persons with disabilities or women in an irregular situa-
tion. The accommodation of young female victims of
forced marriage (aged from15 to18) in general youth
crisis centres raises challenges, since most general
youth crisis centres do not have specialised care or do
not address the special needs of young victims of forced
marriage (such as language support or specially trained
personnel providing multilingual counselling). Centres
should provide a variable combination of additional ser
-
vices, such as outreach, advocacy, advice, counselling,
self-help support and other services which promote the
empowerment of victims. Specially trained staff should
provide child support services, and a mechanism needs
to be in place to ensure they attend school.
Shelters with a similar holistic approach were identified
in other EUMember States. These include a recently
established crisis shelter in Austria, its first and only
anonymous crisis shelter for young women victims of
forced marriage, operated by the NGOOrient Express
(www.orientexpress-wien.com/en/orientexpress_en/).
The Swedish Sisters’ Shelter Somaya
161
caters for girls
and women who may experience honour-related
violence and forced marriages. It has also trained the
National Board of Health and Welfare, schools, police
and NGOs on how to facilitate reporting. In the United
Kingdom, the NGO Ashiana (www.ashiana.org.uk/
) runs
two specialist refuges for female victims of forced mar
-
riage. These refuges provide intensive support including
counselling, advocacy, outreach work, legal advice, and
access to education and health services. Ashiana has
won several awards for innovative and specialist pro
-
vision of culturally specific refuge accommodation and
support to women at risk of forced marriage. A number
of NGOs across the United Kingdom specifically target
the needs of men who are victims of forced marriage.
These include the Palm Cove Society,
162
the Gemini
Project,
163
Men’s Advice Line
164
and Men’s Aid.
165
161 Sweden, Sisters’ Shelter Somaya (2012), p.9.
162 Palm Cove Society (2013).
163 The project is implemented in South Gloucestershire;
see http://www.southglos.gov.uk/community-and-
living/community-safety/domestic-abuse-violence/
specialist-domestic-abuse-services/.
164
Men’s Advice Line (2013).
165
Men’s Aid (2013).
The key to effectively tackling and preventing
forced marriage is to integrate a diverse range of
activities and measures, such as support services,
awareness raising, educational initiatives, training and
campaigning. Prevention activities should address the
different needs of victims in an accessible manner.
They should take an inclusive approach to gender-
based violence. Inter-agency cooperation is required
to establish and operationalise referral mechanisms
and processes. Finally, funding must be sustainable.
Analysing EU victim support services
FRA initiated the first independent overview of vic-
tim support services in theEU in November2011, at
the request of the European Commission. The pro-
ject provides Member States with concrete exam-
ples of different Member State practices in the
area of victim support. It reviews current practices
and gaps at the national and regional level and
provides an overview of different models of vic-
tim support, from which ‘promising practices’ can
be highlighted. These serve as a basis to further
develop and enhance victim support. Another of
the project’s central objectives is to give an over-
view of how current victim support service provi-
sion works in practice across the 28EUMember
States, compared with the objectives and goals for
victim support set out by the EU Victims’ Directive.
FRA ACTIVITY
39
Victims’ support services: promising initiatives
166 Germany, Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Familie, Senioren, Frauen und Jugend,
BMFSFJ) (2010).
167 Germany, BMFSFJ (2007), pp. 25 ff.
Promising practice
Integrating the approach of a shelter or refuge
Papatya (Anonyme Kriseneinrichtung für Mädchen und junge Frauen mit Migrationshintergrund), an NGO founded
in Berlin in1986, is the first organisation in Germany to provide specialised support on forced marriage. Papatya
operates an anonymous crisis and transitional centre that provides accommodation at a secret address for girls and
young women with an immigrant background aged13 to21. In its work, Papatya draws on established minimum
standards for specialised crisis centres (www.papatya.org/pdf/Standards-Kriseneinrichtungen-2009.pdf).
Since Papatya was established, more than 1,500girls and young women have found protection at the crisis centre.
Protection, accommodation and care:
The crisis shelter provides eight places in a family atmosphere (in bedrooms for one, two or three girls) and,
when necessary, can take in girls from other federal states. The girls may live in the shelter for a transitional
period of up to two months, longer in exceptional cases. The multicultural team comprises female social workers
and one psychologist who offer confidential support in Kurdish and Turkish as well as in English, French and
German. It operates free of charge 24hours a day, seven days a week.
Assisting victims:
Papatya supports girls and young women by providing counselling and assistance through individualised help
and advice. This may include assistance relating to residence law issues, transfer to other specialised counselling
centres, support regarding schooling or vocational training, or help in finding appropriate, long-term and –if
necessary– anonymous accommodation.
Outreach through online counselling:
To reach service users who would otherwise have difficulty in accessing any support (such as women with
disabilities or young women and girls in rural areas), Papatya has operated an online counselling service since2007,
Sibel (www.sibel-papatya.org/index.htm). Sibel offers advice and support to persons affected by domestic/
family violence, honour-based violence and forced marriage. Additionally, information and advice are provided to
professionals working in this field as well as to people the affected person trusts in Kurdish and Turkish as well as
in English, French and German. The online counselling service is also accessible from abroad. Posts will usually be
answered within 72hours. In addition to online counselling, Sibel also offers telephone counselling if requested.
An evaluation report
166
concludes that its frequent use –with more than 1,000online consultations between
June2007 and June2010– shows that the internet-based support is a successful approach that reaches young
migrants. Sibel was planned as one of the measures against forced marriage in the National Integration Plan as
well as the Second Federal Action Plan for combating violence against women.
167
Inter-agency coordination and cooperation:
Papatya cooperates nationwide with youth welfare institutions, women’s shelters, pedagogically supervised
accommodation projects for underage girls and young women, crisis shelters and specialised telephone help
lines to help girls who are at risk of forced marriage and violence in the name of honour.
It participates in the Federal Specialist Conference against Forced Marriage (Bundesfachkonferenz gegen
Zwangsverheiratung, BuKo) and is a co-founder of the Berlin Working Group against Forced Marriage (Berliner
Arbeitskreis gegen Zwangsverheiratung). The working group also publishes the informational brochure Forced
marriage (Zwangsverheiratung). Papatya cooperates with other NGOs across the EU and has conducted a
number of EU DAPHNE projects with a specific focus on improving the protection of girls and women with an
immigrant background from domestic violence, forced marriage and honour-related violence in Europe (such as
Sheroes, Flying Team against Violence and ‘3Ps: prevention, protection, persecution’).
Funding:
Papatya is primarily funded by Berlin Senate’s Department for Education, Science and Research, and to a lesser
extent by donations. Covering a number of German federal states, Sibel is currently financed by Berlin, Baden-
Württemberg, Rhineland-Palatinate and Brandenburg. Nevertheless, Sibel is suffering from a financial shortfall
and needs additional support from donations.
Source: www.papatya.org/en/index-en.html
40
Addressing forced marriage in the EU: legal provisions and promising practices
4.2. Hotlines/helplines
Many women and young girls (especially in rural areas),
but also young boys and LGBTpersons, are hesitant to
seek help because they are ashamed, anxious or afraid
of stigmatisation. Helplines are low-threshold outreach
services of high priority. They are very often the first
step towards other services. Minimum standards for
helplines include availability, confidentiality, informa
-
tion and referral.
168
EIGE recommends the following cri-
teria as particularly important for helplines for women
who are victims of violence.
169
n At least one national helpline exists, providing spe-
cialised support, advice and counselling in relation
to forced marriage.
n Accessibility: it is available24/7 and free of charge.
n Outreach and specific needs: it provides multilin
-
gual support.
n It collects data on the number of calls (answered
and unanswered) and the number of women
callers.
n It continuously communicates the helpline number
to the public.
n The service is funded by the state, and the funding
is mandated by law in a sustainable, sufficient and
publicly visible fashion.
168 Kelly and Duboi, Council of Europe (2008), p.20.
169 EIGE (2013), p.20.
Germany’s Violence against women support hotline is
a central24-hour hotline to provide victims of violence
support anonymously, free of charge and regardless of
disability. It also directs those who call to the appropri
-
ate local agencies. It aims to fill the gap in the existing
support network by providing confidential counselling
by female counsellors and targeted referrals with high
security standards, barrier free, in 15languages. It covers
all forms of gender-based violence, including female
genital mutilation (FGM) and forced marriage. It works
with immigrants, women with disabilities, older women
and victims of human trafficking (w
ww.hilfetelefon.de/
en/startseite/
). The Federal Office for Family Affairs,
Senior Citizens, Women and Youth (BMFSFJ) created it
in March 2013.
In Sweden, there is one 24/7women’s helpline that is
free of charge and assists women survivors of all forms
of violence by providing multilingual support.
The United Kingdom has one national women’s helpline,
the 24-hourNational Domestic Violence Free Phone
helpline, which is free of charge and provides gender-
specific multilingual (over 150languages) support to
survivors of domestic violence. The United Kingdom
also has other helplines offering support for specific
forms of violence and to specific groups of victims.
Examples are the Honour Network Helpline for survi
-
vors of ‘crimes of honour’ and forced marriage across
the United Kingdom, and Broken Rainbow UK for LGBT
people experiencing domestic violence
170
(see also
Promising practice4.3).
170 WAVE (2013), p.284.
Promising practice
Offering support by phone and email
The Lower Saxony Crisis Hotline against Forced Marriage (Niedersächsisches Krisentelefon gegen Zwangsheirat)
assists and advises girls and women threatened by or living in forced marriage. Additionally, the hotline is open
to friends, teachers and employees of concerned authorities or counselling centres. It is not limited to residents
of Lower Saxony but can be called nationwide or from abroad.
Based in Hannover, Germany, the hotline is free of charge and is open from Monday to Thursday. It can provide
support in German and Turkish and, if needed, also in Arabic, Kurdish and Persian. Most counselling takes place
by phone or email; however, personal counselling is available if necessary.
The hotline is funded by the Lower Saxony’s Ministry for Social Affairs, Women, Family, Health and Integration.
It is operated by an NGO for intercultural communication, refugee and migration work, called kargah.
Besides assisting victims, the hotline team offers training and seminars on forced marriages and domestic
violence to police, school social workers, health system staff, foreign authorities, employment agencies,
women’s shelters and other counselling centres.
Since its launch in 2006, the hotline has registered approximately 150 cases each year; in 2012, 162 cases were
recorded.
Source: www.kargah.de/index.php/en/forced-marriage
41
Victims’ support services: promising initiatives
Promising practice
Supporting victims, counselling, guiding and reaching out
The Forced Marriage Unit was set up in2005 and is dedicated both to preventing British nationals from being
forced into marriage overseas and to assisting anyone in the United Kingdom, regardless of nationality, who is
faced with the prospect of being forced into marriage.
Assisting victims:
The Forced Marriage Unit uses various methods to provide direct confidential advice and support to female, male,
LGBT and young victims and to victims with learning disabilities.
n A survivor’s handbook: this includes sections on safety, education and work, benefitsand finance, health,
legal advice, refuges and housing, childcare, getting a divorce and withdrawing sponsorship for a spouse’s visa
(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/149854/FM_Survivors6.
pdf).
n Helplines: the Forced Marriage Unit has a national helpline open 9.00–17.00, Monday–Friday (out-of-hours
callers are transferred to the Foreign Office’s Global Response Centre). It works closely with the United Kingdom-
based charities: Freedom Charity (www.freedomcharity.org.uk/) and Karma Nirvana’s Honour Network (www.
karmanirvana.org.uk/), both of which provide 24-hour helpline support for victims of forced marriage and
honour-based violence.
n Free app: The Forced Marriage Unit co-funded the Freedom Charity mobile phone app, launched in2013, for
(potential) victims, those at risk, friends, family and relevant professionals. The app, which was developed
in conjunction with the London’s Metropolitan Police, provides information about forced marriage, with links
to where potential victims can get help, as well as information on warning signs. It is designed like a game to
avoid the perpetrator recognising it as something that might bring law enforcement into his/her house.
n Overseas activities: the Forced Marriage Unit provides consular assistance to British victims before and/or
after forced marriage to secure their return to the United Kingdom.
Children:
Since about a third of the cases handled by the Forced Marriage Unit involve children under 18, it is vital that
educational institutions be alert to the need to protect children at risk of forced marriage. When invited to speak at
schools and other educational institutions, the Forced Marriage Unit does not just seek to highlight how it can assist
victims. It focuses on educating both potential victims and school staff about the warning signs and how to access its
services. The forced marriage survivors’ handbook provides the free, 24/7telephone number and a link to ChildLine,
a private and confidential service for children and young people.
Victims with learning disabilities:
The Forced Marriage Unit has developed multi-agency guidelines on the best ways for professionals to handle
cases of forced marriage where the victims also have learning disabilities.
Outreach activities:
The Forced Marriage Unit undertakes a full programme of public speaking and outreach activities, addressing
practitioners and communities. It aims to ensure that professionals working with victims of forced marriage
understand current best practice and existing legislation. It has produced multi-agency guidelines for the police,
children’s and adults’ social care, health, housing and education professionals. It has started an awareness-raising
programme for registrars. Moreover, the Forced Marriage Unit has designed an e-learning training package
(https://www.fmelearning.co.uk/login/index.php) to support professionals, including education, social and
healthcare professionals, police officers, housing officers, the voluntary sector and others dealing with forced
marriage in their work. Using real-life case studies, the package gives professionals a basic understanding of the
main issues surrounding forced marriage, how cases can manifest and how to respond appropriately. This tool
complements the multi-agency practice guidelines for professionals.
Source: https://www.gov.uk/forced-marriage#forced-marriage-unit and https://www.gov.uk/stop-forced-marriage
42
Addressing forced marriage in the EU: legal provisions and promising practices
In contrast, the Netherlands does not have a helpline
specifically for women, only a general gender-neutral
helpline for victims of domestic violence. It is open24/7,
but it is not free of charge.
171
In France, there is no
helpline that operates24/7, is free of charge and is
open to women victims of all forms of violence.
172
171 WAVE (2013), p.201.
172 WAVE (2013), p.106.
4.3. Holistic services
Holistic services work across forms of violence and
support needs. These can be delivered through a
‘one-stop shop’, multidisciplinary teams or a ‘one-stop
person’ (advocates who ensure rights are realised). Two
initiatives from the United Kingdom are illustrated to
describe how this can work.
Promising practice
Tackling violence against black and minority ethnic women and girls
Southall Black Sisters (SBS) provides holistic information, advice, advocacy, support and counselling services
for victims of forced marriage and other types of violence.
It also prepares expert reports for legal cases, and undertakes test cases and third-party interventions,
including obtaining forced marriage protection orders.
Southall Black Sisters, founded in 1979, runs support groups and performs educational work in schools and
colleges with black and ethnic minority women and girls, raising awareness and campaigning on forced
marriage and other forms of violence against women, including domestic violence and ‘honour’ crimes (www.
southallblacksisters.org.uk/campaigns/forced-marriage-campaign/).
Southall Black Sisters raises the issue in the media; provides training for health, social service and criminal
justice professionals; contributes to local, national and international policy meetings and inquiries (e.g. the
Home Affairs Select Committee, the Council of Europe and the Committee on the Elimination of Discrimination
Against Women); and organises and takes part in local and national campaigns.
In partnership with the Home Office, Southall Black Sisters produced a step-by-step guide about forced
marriage for victims in2012: Three Steps to Escaping Violence Against Women and Girls, https://www.gov.
uk/government/uploads/system/uploads/attachment_data/file/97923/english-3-steps.pdf. The guide is for
minority ethnic women and children, providing information and advice on escaping domestic violence. It contains
information on what constitutes abuse, including sexual violence from a spouse, forced marriage, dowry abuse,
female genital mutilation and honour-based violence. It provides advice on how to report domestic violence and
includes a list of agencies that are able to provide further help and information.
The organisation operates a helpline (9.00–17.00 Monday–Friday), and also deals with cases out of hours.
The Forced Marriage Unit provides funding to aid Southall Black Sisters’ work to protect, support and re-settle
repatriated victims of forced marriage.
Southall Black Sisters is currently preparing an evaluation report on a pilot project at two local schools that
examined different methods for preventing and challenging violence against black and minority ethnic women
and girls.
Source: www.southallblacksisters.org.uk/ and http://www.southallblacksisters.org.uk/campaigns/forced-marriage-campaign/
43
Victims’ support services: promising initiatives
4.4. Interinstitutional cooperation
In each of the five EUMember States reviewed, several
authorities and institutions deal with, or are confronted
with, forced marriage: specialised counselling services,
youth welfare offices, social security offices, schools,
police and other public authorities such as immigration
authorities, employment agencies and registry offices.
Interinstitutional collaboration is crucial to successfully
fight forced marriage. Although multi-agency initiatives
are seen as relatively recent developments,
173
includ-
ing with regard to coordinated targeted policies and
173 Kelly and Duboi, Council of Europe (2008), p.24.
measures on national, regional and local levels, exam-
ples of concerted action exist, as the following para-
graphs describing German initiatives illustrate.
The German Federal Conference of Specialised Centres
against Forced Marriage, founded in2006, consists of
NGOs and meets annually for information exchange and
strategic planning. It also publishes position papers.
174
In Germany, most federal states have regional roundta-
bles or working groups on forced marriage or deal with
the issue within the framework of a wider setting. The
federal state governments cooperate with each other.
174 Current BuKo position paper, www.imma.de/news/news-home-
detail/article/bundesfachkonferenz-zwangsheirat-2013.html.
Promising practice
Coordinating action
An interconference ad hoc working group against forced marriage was established following a resolution by the
Integration Ministers’ Conference in June2009. The working group included members of the Gender Equality
and Women’s Ministers’ Conference (Gleichstellungs- und Frauenministerkonferenz), the Integration Ministers’
Conference (Integrationsministerkonferenz), the Interior Ministers’ Conference (Innenministerkonferenz) and
the Youth and Family Ministers’ Conference (Jugend- und Familienministerkonferenz). The ad hoc working group
published a draft concept for intervention in cases of forced marriage, which can be used in all federal states.
The Gender Equality and Women’s Ministers’ Conference took note of it in2012 and recommended that it be
distributed and made known to all institutions and agencies involved in youth and family welfare. The intention
of the working group was to describe the current situation, show areas in need of further development and
make recommendations. It consulted experts from women’s counselling services and shelters, child and youth
shelters, police, family courts and youth welfare offices, considering their views when evaluating the current
situation. It developed the following recommendations:
n Counselling: counselling services must be expanded and their services further developed. Accessibility,
intercultural working methods and target group orientation need to be improved and a wider range of
languages offered.
n Youth welfare: more training is required for youth welfare office staff. The current problems concerning
financial support for young adults need to be resolved. Recommendations for youth welfare offices applicable
to all federal states are needed.
n Shelters: more safe accommodation for victims of forced marriage is needed.
n Police: the police should designate experts who can serve as liaisons with other stakeholders.
n Residence law: the effect of the new Act to combat forced marriage needs to be evaluated regarding
residence issues. Very often, persons who have been taken abroad to be married escape marriage only if
they have secure prospects, especially the possibility of returning to Germany. Proving continuing residence
rights might be difficult and the duration of visa application processes could pose a problem when trying to
return to Germany.
n Prevention: all parties concerned need to step up their efforts to prevent forcfed marriage.
Sources: Fourth Integration Ministers’ Conference (Integrationsministerkonferenz) (2009), Decision Protocol Top4 and Gender
Equality and Women’s Ministers‘ Conference (Gleichstellungs- und Frauenministerkonferenz), 30May/1June2012, www.jfmk.
de/pub2012/TOP_5.3_Zwangsverheiratung.pdf
45
Conclusions
There is no official, internationally agreed definition of
forced marriage. It can be described as a marriage con
-
cluded without the consent of one or both partners, and
therefore against the will of at least one of them. It is a
grave violation of human rights. Forced marriage dispro
-
portionately affects women and girls and has therefore
been recognised as a form of violence against children
and against women.
Preventing and combating forced marriage is at first
glance a task that falls primarily outside EU compe
-
tence. Nevertheless, there are several aspects relating
to forced marriage which are covered by EU law. This
is first and foremost the protection and support to be
afforded to victims of forced marriage, but also issues
relating to asylum and immigration law, free move
-
ment (in particular as regards the residence permits for
third-country national family members of EU citizens) as
well as legislation relating to protection orders, mutual
recognition and data protection.
The main European instrument addressing forced mar
-
riage is the Istanbul Convention. Article75 of the Istanbul
Convention envisages the possibility of the EU accession.
The EU has taken a strong stand in combatting forced
marriage internationally. The General Affairs Council of
8December2008 adopted EU guidelines on violence
against women and girls and combating all forms of dis
-
crimination against them. These guidelines, which also
cover forced marriage, set out the operational objec
-
tives and intervention tools for its external action on
combating violence against women and girls. They rep
-
resent a political and long-term commitment to prevent
violence, protect and support victims and prosecute
perpetrators.
Given the strong stand that the EU has taken for exter
-
nal action and the grave consequences of forced mar-
riage on victims, the question emerges whether the
EU should accede to the Istanbul Convention, even if
only part of the issues regulated therein are within
EU competence. Such a step would not only ensure
coherence between the EU’s external and internal
actions, but would also promote through the work of
the European Commission (and ultimately the Court
of Justice of the EU) a harmonised interpretation of
those convention norms which are covered by EU law.
FRA suggests therefore that the EU should consider
acceding to the 2011Council of Europe Convention on
preventing and combating violence against women and
domestic violence (Istanbul Convention).
47
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51
Annex: National law provisions expressly
criminalising forced marriage
EU Member
State
Specific crime
of forced
marriage?
Legal reference
AT Yes Criminal Code (Strafgesetzbuch): Section 106(1)3StGB as amended in2006
BE Yes Criminal Code, Article391sexies as amended by Law of 25April2007
BG No
CY Yes Criminal Law, Article150 addresses forced marriage as a misdemeanour, a term
used in common law to classify criminal offences which are less serious)
CZ No
DE Yes Criminal code (
Strafgesetzbuch
), Section 240 (4) as amended in 2005 and
S ection237StGB as amended in2011
DK Yes Criminal Code (Straffeloven) Section260, part2 as amended in2008
EE No
EL No
ES No
FI No
FR No Forcing a person to marry abroad is a crime under Article222-14-4 of the Criminal
Code introduced in2013. In addition, Law No.2010-769 of 9July2010 on violence
against women introduced forced marriage as an aggravating circumstance of
other crimes
HR Yes Criminal Code (Kazneni zakon), Article169 which entered into force in2013
HU No
IE No
IT No
LT No
LU No/bill The introduction of a crime of forced marriage is proposed by Article389 of draft
law No.5908 filed on 28July2008, Luxembourg, Projet de loi N.5908 ayant pour
objet de lutter contre les mariages et partenariats forcés ou de complaisance
ainsi que de modifier et compléter certaines dispositions du Code civil, du Nou
-
veau Code de procédure civile, du Code penal
LV No
MT No/bill The introduction of a crime of forced marriage is proposed by Article251G of draft
law27 of2013 – Criminal Code (Amendment No.6) Act, 2013 published in the
Government Gazette of Malta on 8November2013
NL No Forced marriage is punishable as coercion in Section284 of the Criminal Code;
in2013 the maximum sentence was raised and other measures taken to facilitate
prosecution (Sections5 and71 of the Criminal Code)
PL No
PT No
RO No
SE No
SI No
SK No
UK Yes The crime of forced marriage was introduced in June2014 by Section121 (England
and Wales) and Section122 (Scotland) of the Anti-social Behaviour, Crime and
Policing Act2014
Note: Other criminal offences which could also cover forced marriage, depending on the circumstances, such as sexual
violence, marital rape, coercion or abduction for the purpose of marriage, are not included in this table.
Source: FRA,2014
Cover image: © iStockphoto
More information on the European Union is available on the Internet (http://europa.eu).
FRA – European Union Agency for Fundamental Rights
Schwarzenbergplatz 11 – 1040 Vienna – Austria
Tel.: +43 158030-0 – Fax: +43 158030-699
Email: info@fra.europa.eu – fra.europa.eu
Luxembourg: Publications Office of the European Union, 2014
ISBN 978-92-9239-471-4
doi: 10.2811/70551
© European Union Agency for Fundamental Rights, 2014
Reproduction is authorised, except for commercial purposes,provided the source isacknowledged.
Printed in Italy
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This paper addresses matters related to the right to marry (Article 9) falling under Title II ‘Freedoms’ of the Charter
of Fundamental Rights of the European Union.
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Itcan be accessed through the FRA website at fra.europa.eu.
FREEDOMS
Addressing forced marriage
in the EU: legal provisions and
promising practices
Forced marriage is marriage without consent. It is a form of domestic violence. It violates the right to freely decide
whether, when and whom to marry. Most of the victims are women but it can be imposed on men, too. Children
and those with learning disabilities are particularly vulnerable. With this paper the European Union Agency for
Fundamental Rights (FRA) encourages European Union institutions to look at the issue of forced marriage in a
comprehensive manner. It suggests that the EU should consider acceding to the 2011 Council of Europe Convention
on preventing and combating violence against women and domestic violence (Istanbul Convention), given that
the convention envisages this possibility.
FRA – EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS
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HELPING TO MAKE FUNDAMENTAL RIGHTS A REALITY FOR EVERYONE IN THE EUROPEAN UNION
Addressing forced marriage in the EU: legal provisions and promising practices
FRA
TK-01-14-676-EN-C doi:10.2811/70551