Forced Marriage

Forced marriage is a marriage in which one or both 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, although the difference between the two may be indistinct. The practice of forced marriage is still practiced in the Middle East, parts of South Asia, East Asia and Africa and among immigrants to the West from these region.

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 Roman Catholic Church deems forced marriage grounds for granting an annulment — for a marriage to be valid both parties must give their consent freely.

In response to the problem of forced marriages among immigrants in the UK, the Forced Marriage (Civil Protection) Act 2007 was passed, which enables the victims of forced marriage to apply for court orders for their protection.

Forcing someone to marry is a distinct criminal offence in the following countries:

• Austria
• Belgium
• Turkey
• Denmark
• Germany
• United Kingdom

Historically, forced marriage was used to require a captive (slave or prisoner of war) to integrate with the host community, and accept his or her fate. One example is the English blacksmith John R. Jewitt, who spent 3 years as a captive of the Nootka people on the Pacific Northwest Coast in 1802-1805. He was ordered to marry, because the council of chiefs thought that a wife and family would reconcile him to staying with his captors for life. Jewitt was given a choice between forced marriage for himself and capital punishment for both him and his "father" (a fellow captive). "Reduced to this sad extremity, with death on the one side, and matrimony on the other, I thought proper to choose what appeared to me the least of the two evils" (p154).