Forced marriage as a manifestation of violence against women

A comparative approach

Abstract

Forced marriage is a form of gender-based violence that affects women and girls around the world. This paper offers a comparative approach to the phenomenon. It starts from the victim-centred approach required by the Istanbul Convention, focusing on the protection of its victims. It analyses data on forced marriage and the institutional and legislative approach to forced marriage in Germany, Spain, Finland and Ireland. It concludes that further empirical knowledge of this process in the countries analysed is needed in order to adopt effective preventive strategies. It suggests that the legislative response should shift the focus from criminal law, which also leads to overly narrow conceptualisations of the concept of forced marriage, to civil and family law. It concludes by suggesting that institutional attention to forced marriage should be intensified in the four countries analysed so that its victims have effective access to justice.