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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   fall 2016-winter 2017 , Volume - , Number 12 #l00561; Page(s) 169 To 198.
 
Paper: 

Forced Marriage; From the Prohibited Act to Criminalization

 
 
Author(s):  MOGHADASI MOHAMMAD BAGHER, AMERI ZAHRA
 
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Abstract: 
Forced marriage is a marriage in which one or both parties is married without his or her consent or against his or her will. Forced marriage violates the freedom right to choose a spouse and it is an instance of the domestic violence. Most of victims are women and the perpetrators are of the victims’ relatives. Studying on policies of different countries show that different strategies to confront it have been adopted. Although, it is emphasized on applying the legal strategies in the past, forced marriage has been criminalized because of sensitivity in the public opinions for the cases which have been presented by media. This progressive process has moved from being merely a prohibited act and applying the legal strategies to face it to criminalization and using the criminal tools which are common between many countries. Many European countries have criminalized the forced marriage and some others start investigations about it. This tendency has increased more after the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) as codified 2011. Although there is no exact statistics on forced marriages, the consent of women on marriage are not considered in the customs of some people. Besides being legalized early age marriages, it has created concerns about the violation of the right to freely choose spouse. It has been only criminalized child marriage and human trafficking for the purpose of forced marriages. Therefore, it is necessary to criminalize the forced marriage under title of tazir (punishment for crime not measuring up to the strict requirements of hadd punishment) and it is a step to protect victims specially the disadvantaged groups.
 
Keyword(s): Forced marriage,Domestic violence,The right of choose,Criminalization,Victims
 
References: 
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