Jacqueline Renton reports on the human rights’ approach to non-consensual marriage
Forced marriage is a fundamental violation of an individual’s human rights, namely the right to marry, pursuant to Art 12 of the European Convention on Human Rights (the Convention).
Women and men, young and old, healthy and disabled, are forced into marriage every year in this country.
Forced marriages are a breach of an individual’s human rights and also lead to a catalogue of other abuses of human rights—domestic violence, rape, genital mutilation and even murder—thus encompassing: Art 3 (prohibition on torture or inhumane or degrading treatment); Art 4 (prohibition on slavery or servitude and forced labour); Art 5 (right to liberty and security of person); Art 8 (right to respect for private and family life); and Art 17 (probation on abuse of rights).
With respect to murder, these “honour based” killings occur as a result of an individual “dishonouring” or “shaming” the family by refusing to marry the individual chosen for him/her or leaving the forced marriage for another, unsuitable individual.
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