Forced marriage

Forced marriage is a marriage in which one or more of the parties is married without his or her consent or against his or her will. A forced marriage differs from an arranged marriage, in which both parties consent to the assistance of their parents or a third party (such as a matchmaker) in identifying a spouse. There is often a continuum of coercion used to compel a marriage, ranging from outright physical violence to subtle psychological pressure. Forced marriage is still practised in various cultures across the world, particularly in parts of South Asia and Africa. Some scholars object to use of the term "forced marriage" because it invokes the consensual legitimating language of marriage (such as husband/wife) for an experience that is precisely the opposite. A variety of alternatives exist, including forced conjugal association, and conjugal slavery.

The United Nations views forced marriage as a form of human rights abuse, since it violates the principle of the freedom and autonomy of individuals. The Universal Declaration of Human Rights states that a woman's right to choose a spouse and enter freely into marriage is central to her life and dignity, and equality as a human being. The Roman Catholic Church deems forced marriage grounds for granting an annulment — for a marriage to be valid both parties must give their consent freely. Supplementary Convention on the Abolition of Slavery also prohibits marriage without right to refuse of herself out of her parents', family's and other persons' will and requires the minimum age for marriage to prevent this.

In 1969, the Special Court for Sierra Leone's (SCSL) Appeals Chamber found the abduction and confinement of women for "forced marriage" in war to be a new crime against humanity (AFRC decision). The SCSL Trial Chamber in the Charles Taylor decision found that the term 'forced marriage' should be avoided and rather described the practice in war as 'conjugal slavery' (2012).

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