A comparative approach to forced marriage as gender-based violence: legislative and phenomenological analysis

• In Event: Human Trafficking and Sexual Violence

Abstract

Forced marriage is a manifestation of honour-based violence that affects women and girls globally. This research adopts a comparative approach to forced marriage, starting with the victim-centred approach mandated by the Istanbul Convention, which prioritises victim protection. It examines data on forced marriage and the institutional and legislative responses to it in Germany, Spain, Finland, and Ireland. The comparative analysis suggests that these countries require additional empirical knowledge to implement effective preventive strategies. The legislative response should shift its focus from criminal law, which may lead to overly narrow interpretations of forced marriage, to civil and family law. The research concludes by recommending increased institutional attention to FM in these four countries to ensure effective access to justice for its victims.

Authors

• Marc Salat, University of Lleida

• Carolina Villacampa, University of Lleida