A Global Perspective on Forced Marriages: Legal, Social, and Psychological Impacts

Introduction

Forced marriage is a violation of fundamental human rights, affecting millions of individuals worldwide. Defined as a marriage conducted without the free and full consent of one or both parties, forced marriages are rooted in cultural, economic, and social pressures, disproportionately impacting women and girls. This issue transcends borders, occurring across different regions, cultures, and socio-economic backgrounds. This article critically examines the global prevalence of forced marriages, their legal implications, and the profound psychological and social impacts on individuals. It also explores the distinction between forced and arranged marriages and discusses potential solutions to address this widespread human rights violation.

Defining Forced Marriage

A forced marriage occurs when one or both parties are coerced into a union without their free and informed consent. Coercion can take many forms, including physical violence, emotional pressure, and financial manipulation. The practice differs from arranged marriages, where families may introduce potential spouses, but the final decision rests with the individuals involved. In forced marriages, the autonomy of one or both individuals is compromised, leading to long-term physical, emotional, and psychological harm.

Global Prevalence and Causes

Forced marriages affect millions worldwide, with young girls being disproportionately targeted. According to UNICEF, over 650 million women alive today were married as children. Every year, at least 12 million girls are married before they turn 18, equating to 28 girls every minute. Globally, one in every five girls is married or in a union before reaching adulthood. In the least developed countries, that number doubles 40% of girls are married before 18, and 12% are married before the age of 15. These numbers are especially high in conflict-affected regions and humanitarian settings, where societal breakdown and poverty heighten the risks for vulnerable girls.

The root causes of forced marriage vary but often stem from deeply ingrained cultural and religious traditions, patriarchal systems, and economic hardships. In many societies, daughters are viewed as family assets, and early marriage is seen as a way to ensure their protection, maintain family honor, or secure financial stability through dowry. In other cases, forced marriages are used to control inheritance or establish political or social alliances between families.

Conflict and humanitarian crises also contribute to the rise in forced marriages. In war-torn regions or areas facing extreme poverty, families may force their daughters into marriage to provide them with a sense of security or to reduce the financial burden on the household. This practice, however, leads to a lifetime of oppression for the victims, trapping them in abusive relationships and denying them basic rights, such as education and personal autonomy.

Legal Framework Addressing Forced Marriages

While forced marriage is widely recognized as a human rights violation, legal protections vary across countries. The Universal Declaration of Human Rights (UDHR) states that marriage should only occur with the free and full consent of both parties. Article 16 of the UDHR guarantees the right to marry freely, emphasizing individual autonomy in choosing a life partner.

In some countries, specific legislation has been enacted to address forced marriages. For instance, the Forced Marriage (Civil Protection) Act 2007 in the United Kingdom introduced Forced Marriage Protection Orders (FMPOs), allowing courts to intervene and protect potential victims. Violating these orders is a criminal offense. Similarly, the Anti-Social Behaviour, Crime and Policing Act 2014 criminalized forcing someone into marriage, regardless of whether the marriage takes place domestically or abroad.

In other regions, including parts of Africa and South Asia, laws such as the Prohibition of Child Marriage Act (2006) in India aim to prevent the forced marriage of minors. These laws prohibit the marriage of girls under the age of 18 and boys under 21, recognizing that child marriages are inherently coercive. However, in many countries, enforcement of these laws is weak due to cultural resistance, lack of awareness, and the influence of religious or community leaders who view such marriages as traditional.

Despite these legal frameworks, challenges remain. Victims of forced marriage are often reluctant to seek legal protection due to fear of retaliation from their families, social ostracization, or lack of knowledge about their rights. Moreover, societal norms often perpetuate forced marriages, making it difficult for legal interventions to have a lasting impact.

Psychological and Social Impact

The psychological effects of forced marriage are devastating. Many victims suffer from depression, anxiety, and post-traumatic stress disorder (PTSD). Trapped in marriages they did not choose, they often experience feelings of helplessness, isolation, and despair. The emotional toll is exacerbated by the abuse many endure within the marriage, including domestic violence, sexual assault, and financial control.

Socially, forced marriage deprives individuals particularly women and girls of educational and career opportunities. In many cases, girls are pulled out of school and are expected to take on domestic roles at a young age, effectively ending any possibility for personal or professional development. This not only affects the individual but perpetuates cycles of poverty and inequality, as these women are often financially dependent on their spouses and have limited access to resources or support systems.

Forced pregnancies are another significant consequence of forced marriages. Girls and women who are forced into marriage are often pressured into having children before they are physically or emotionally prepared. This puts their health at risk and further entrenches them in a life of dependence and subjugation, with few avenues for escape.

The Distinction Between Forced and Arranged Marriages

One of the key challenges in addressing forced marriages is distinguishing them from arranged marriages. Arranged marriages are culturally accepted in many societies and involve family members helping to choose a spouse. However, the crucial difference is consent: in an arranged marriage, both parties must agree to the union willingly. In contrast, forced marriages occur when one or both parties are coerced into the marriage against their will.

This distinction is important because forced marriages violate fundamental human rights by removing an individual’s agency and ability to choose their partner. Arranged marriages, when based on mutual consent, do not inherently violate these rights. Unfortunately, cultural and family pressures often blur the lines, making it difficult to identify when a marriage is truly consensual.

Addressing Forced Marriages: The Way Forward

Eradicating forced marriages requires a holistic approach that addresses both legal and social dimensions. Stronger enforcement of existing laws is crucial, as is the need for victims to feel safe coming forward. Governments must invest in public awareness campaigns that educate communities about the legal and human rights implications of forced marriages. Schools and community organizations should play a role in raising awareness, particularly among young people, about their rights regarding marriage and consent.

Education is a powerful tool for preventing forced marriages. Empowering girls through education not only reduces their vulnerability to forced marriages but also opens up opportunities for them to make informed decisions about their futures. Additionally, engaging religious and community leaders in conversations about the harms of forced marriage is essential in challenging the cultural norms that perpetuate the practice.

Finally, providing support systems for victims is critical. This includes shelters, legal aid, counselling services, and financial assistance to help individuals escape forced marriages and rebuild their lives. Governments and non-governmental organizations (NGOs) must collaborate to ensure that these resources are accessible and effective.

Conclusion

Forced marriages continue to infringe on the rights and autonomy of millions of individuals around the world, often with devastating consequences. While legal frameworks exist in many countries, enforcement remains a challenge. Addressing forced marriages requires a multi-faceted approach that includes legal reforms, education, and cultural shifts. By empowering individuals, particularly women and girls, and fostering a society that respects personal choice and consent, we can move towards a future where forced marriages are no longer a violation of basic human rights.