Marriage Rights and Restrictions
Explore the significance of consent in marriage according to international declarations and conventions. Learn about forced marriage, honor violence, arranged marriage, and insights from a 2012 survey on forced marriages in the United States.
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Presentation Transcript
Universal Declaration of Human Rights, Article 16(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
UN Convention on consent to marriage, minimum age for marriage and registration of marriages, Article 1 No marriage shall be legally entered into without the full and free consent of both parties.
UN Convention on the Elimination of All Forms of Discrimination Against Women A woman s right to choose a spouse and enter freely into marriage is central to her life and her dignity and equality as a human being.
Forced Marriage: Forced marriage is a marriage that has an absence of consent from one or both parties and uses one or more elements of coercion, violence, and/or fraud to cause the marriage. There is no ability to choose one s partner and the right of refusal may be denied by the family for one or both individuals. There is an absence of free will in a forced marriage that differentiates it from other types of marriages including an arranged marriage where, although the parties to the marriage are introduced to each other, the final decision to marry remains with the two parties.
Honor Violence: The terms honor crime or honor-based violence embrace a variety of crimes of violence including assault, imprisonment and murder, where the person is being punished by their family or their community. They are being punished for actually, or allegedly, undermining what the family or community believes to be the correct code of behavior. In transgressing this correct code of behavior, the person shows that they have not been properly controlled to conform by their family and this is to the shame or dishonor of the family.
Arranged Marriage: The families of both spouses take a leading role in arranging the marriage but the choice whether or not to accept the arrangement remains with the prospective spouses. Consent is essential to all marriages only the spouses will know if they gave their consent freely. If families have to resort to violence or emotional pressure to make someone marry, that person s consent has not been given freely and therefore it may not be arranged.
Overview of 2012 Forced Marriage Survey 37% were aware of known cases of forced marriage in the United States. 524 Survey Respondents including social workers, students, law enforcement, at-risk individuals and scholars in women s studies. 563 cases. 53% stated that they were aware of suspected cases of forced marriage in the United States.
Major Recommendations on FM from 2012 Study Major Recommendations on FM From Interviewees Further Research on FM 9% Clarity Between Arranged and Forced 18% Multi-Disciplinary Approach to Cases 18% Further Collaboration among NGO's 23% Educate the Youth 32% Criminal Justice Response 45% Educate Communities on Prevention 45% Services for Victims 55% Cultural Sensitivity Training 68% Raise Awareness of Forced Marriage 95% Gangashakti.org 8
THE INITIATIVE ON VIOLENCE AGAINST WOMEN Carr Center, Harvard Kennedy School VAW Research Briefing May 22, 2014
The Mandate To Examine the legal and implementation Gaps in the Global Framework on VAW. To Build VOIS: VAW Organizational Information System. To Implement GRE: A Global Research Engagement Strategy. To Execute WGF: Working Group Formation.
The Initiative on Violence Against Women Global Research Team WGF VOIS GRE Working Group Formation VAW Organization Informational System: A global Database of Orgs working on VAW. Global Research Engagement: A strategic geographical research process engaging law schools/clinics from every continent and a separate community of independent researchers working on their own VAW research.
WGF Working Group Formation 10 Regional Working Groups Every continent is represented Regional VAW Landscape Human Rights Attorneys, VAW Practitioners, Scholars.
VOIS VAW Organizational Information System A global Database of Orgs working on VAW. For Practitioners, scholars, grassroots women. Global access to VAW Orgs. Village, Town, City, Country Contact Details Mission Size, Reach
GRE: Global Research Engagement A strategic geographical research process Community I: Law schools/clinics from every continent Community II: Independent researchers working on their own VAW research Local, grassroots perspective on VAW Local understanding of access to justice and barriers to implementation.
