The crime of forced marriage in the criminal codes of European Union countries

Abstract

Forced marriage is a practice that violates people's right to liberty, dignity, and equality. In European Union (EU) countries, this union has received increasing attention, given its prevalence in contexts of migration, restrictive cultural traditions, or as a result of human trafficking.

Although Member States share a commitment to eradicate this imposed alliance, the way they classify and address it in their criminal codes differs. Three groups can be identified: (i) countries that include it as a crime with its own regulatory autonomy; (ii) States that choose to regulate it in a provision with a generic systematic classification, such as coercion or human trafficking; and (iii) national legislation that does not specifically criminalize this crime.

Therefore, forced marriage remains a complex problem to address. While many victims face numerous obstacles in reporting it, its transnational nature complicates prosecution and requires greater cooperation among Member States, ensuring comprehensive support for victims, and promoting awareness-raising campaigns that challenge the cultural norms that perpetuate this practice.

This article attempts to provide an overview of how this type of behavior is handled in neighboring countries, the challenges it poses, and some proposals for moving toward its eradication.