Term and Definition of Forced Marriage
A forced marriage is understood to mean the marriage of one or both persons against their free will through massive social, psychological, or physical pressure or direct coercion. Forced marriage is clearly distinct from arranged marriage, where the persons concerned ultimately have a say and a choice. Forced marriage is legally prohibited in numerous countries, including Germany, as a separate criminal offense and constitutes a serious violation of the right to free marriage and human dignity.
Legal Foundations Regarding Forced Marriage
International Law
General Human Rights
The right to freely marry is protected under international law, including by the Universal Declaration of Human Rights (Art. 16 para. 2) and the European Convention on Human Rights (Art. 12). Both sets of rules state that marriage may be entered into only with the free and full consent of the intending spouses.
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) emphasizes every woman’s right to freely choose her spouse and to enter into marriage only with free and full consent.
Legal Situation in Germany
Criminal Law Provisions
Section 237 German Criminal Code (StGB) – Forced Marriage
In Germany, forced marriage is punishable under Section 237 of the Criminal Code (StGB). Anyone who compels another person by force or by threat of serious harm to enter into or continue a marriage is liable to prosecution. The provision covers both the coercion to enter into and to maintain a marriage against the will of a spouse.
Elements of the Offense and Acts Constituting the Offense
- Perpetrators: Any natural person can be considered an offender; typically, it is family members who exert pressure.
- Criminal Act: Violence, threat of serious harm, or other unlawful coercion.
- Victims: Can be any person eligible to marry, regardless of gender or religious background.
Penalties and Legal Consequences
Forced marriage is punishable by imprisonment from six months to five years. In less serious cases, imprisonment from three months to three years is provided for. The offense is considered especially severe if the victim is a minor or particularly defenseless.
Civil Law Aspects
Nullity and Contestability of Marriage
A marriage entered into under coercion can be contested according to Section 1314 para. 2 no. 4 of the German Civil Code (BGB). The deadline for contesting is one year after the coercive situation has ended. A successful contestation leads to the marriage being dissolved retroactively.
Minor Spouses
According to Section 1303 BGB, marriage is generally only permitted upon attaining the age of 18. Marriages involving minors are void according to Section 1314 para. 1 BGB.
Residence Law Provisions
In residence law, a forced marriage can affect residency status, for example in connection with spousal reunification pursuant to Section 30 of the Residence Act (AufenthG). If a marriage is annulled due to coercion, this can be relevant for the general residency claim of the spouse.
Forced Marriage in the Context of Victim Protection
Victims’ Rights and Support Services
Victims of forced marriage are entitled to protection and assistance. There are specific intervention programs, shelters, and counseling centers. In severe cases, new identities and places of residence may also be arranged.
Victim Compensation
If forced marriage results in significant harm to the victim’s life, body, or liberty, claims may arise under the Victims’ Compensation Act (OEG).
Forced Marriage in International Legal Comparison
European States
Most European countries define forced marriage as a criminal offense. For example, Austria (§ 106a StGB), Switzerland (Art. 181a StGB), and France have special criminal provisions for punishing forced marriage.
Incorporation into Foreign Legal Systems
Many countries outside Europe have specific rules against forced marriage, often in connection with child protection. In countries with strongly traditional societal structures, however, legal enforcement is often difficult. Numerous international initiatives work towards consistent protection of those affected.
Forced Marriage as a Violation of Fundamental Rights
Right to Personality and Human Dignity
Forced marriage constitutes a violation of the general right of personality as well as of human dignity (Art. 1 Basic Law). This includes both the free development of personality (Art. 2 Basic Law) and the free choice of spouse.
Legal Consequences for the Affected Person
Alongside the possibility to contest the marriage, civil and criminal law protection can also be invoked. Special regulations apply to minors and particularly vulnerable victims.
Prevention and State Measures
Legislative Initiatives
The legislature is increasingly taking action at federal and state level for prevention and education to prevent forced marriages. This includes information campaigns and aid programs for those at risk.
Prosecution and International Cooperation
Police and judicial cooperation within the European Union and beyond is being continuously strengthened to effectively combat cross-border forced marriages.
Literature and Web Links
For in-depth information, it is recommended to consult relevant literature and the websites of institutions such as the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, victim support centers, and international organizations (e.g., UN Women, Terre des Femmes).
Note: The legal provisions may vary by country and over time. The decisive factor is always the currently applicable legal situation.
Frequently Asked Questions
What are the legal consequences of a forced marriage in Germany?
Forced marriage is punishable in Germany under Section 237 of the Criminal Code (StGB). Anyone who forces another person by violence or threat of serious harm to enter into a marriage is liable to prosecution and may be punished with imprisonment of six months to five years. Even the attempt is punishable. It is irrelevant whether the marriage is actually consummated—the attempt to force someone into marriage against their will is sufficient for criminal liability. In addition to criminal consequences, forced marriage can also have civil law consequences: the marriage can be annulled under Section 1314 BGB for unlawfulness or coercion. The victim of a forced marriage thus has the right to petition the family court for annulment of the marriage. Victims also have victim’s rights in criminal proceedings, such as a secondary action, victim counsel, or psychosocial trial support.
Can victims of forced marriage have the marriage annulled?
Yes, victims of forced marriage can file an application for annulment of the marriage with the family court pursuant to Section 1314 para. 2 no. 4 BGB if they were compelled to marry unlawfully by threats. The threat must have been so serious as to eliminate the victim’s free will. The application is subject to a deadline: it must be filed within one year after the coercive situation has ended. After this deadline, the legal options for annulment due to coercion are very limited. During the proceedings, the court can also issue protective measures for the victim, such as interim orders.
What evidence is admissible in proceedings involving forced marriage?
In court, all evidence that may help clarify the facts is admissible. This includes personal hearings of the spouses, witness statements (e.g., relatives, friends, counseling centers), written communication such as letters, emails, chat logs or audio recordings, medical certificates in case of injuries, as well as police or official records. It is generally up to the court to assess the credibility and relevance of the evidence. Psychosocial support for the victim can also strengthen the testimony during proceedings. There is no obligation for the victim to self-incriminate, and data protection regulations must be observed.
What special protective measures are available for those affected in civil and criminal proceedings?
Persons affected by forced marriage have extensive protective rights in both civil and criminal proceedings. It is possible to apply for a protection order under the Protection against Violence Act (GewSchG): the court can, for example, order the perpetrator to leave the home, or impose contact and restraining orders. Moreover, in criminal proceedings, the victim can be represented by a victim lawyer, act as a joint plaintiff, and request psychosocial trial support. It is possible to maintain anonymity or to exclude witness examinations partially or entirely from the public. Minor victims also receive special protection from youth welfare services, which can appear as a support person in proceedings. If there is acute danger, immediate measures by police and youth welfare offices apply.
Can forced marriages also be prosecuted abroad?
As a rule, acts committed abroad can also be prosecuted in Germany under Section 7 para. 2 no. 1 StGB if the victim is German or entitled to reside in Germany and the act is punishable at the place it was committed. This means a forced marriage concluded abroad can, under certain conditions, also be prosecuted in Germany. In addition, a marriage contracted abroad that was based on coercion will not be recognized under German law if it is contrary to basic constitutional values or incompatible with German public policy (§ 11 FamFG, Art. 6 EGBGB). Victims can also contact German diplomatic missions, which offer support.
What rights do minor victims have?
Minors enjoy special protection. Marriage of persons under 18 years is generally not permitted according to Section 1303 BGB in Germany. If, however, a marriage was contracted abroad involving a minor living in Germany, this marriage is generally not recognized in Germany and can be annulled (Section 1314 para. 1 BGB). The youth welfare office and family court can order protective measures. Minor victims have a right to child and youth welfare under SGB VIII and to accommodation in a protected setting. In criminal proceedings, special protective measures such as video testimony or the appointment of a procedural guardian may be applied.
Are there state support and legal advisory services for people affected by forced marriage?
In Germany, there is an extensive network of governmental and non-governmental counseling and support services. Victims can turn in confidence to youth welfare offices, the helpline ‘Violence against Women,’ women’s shelters, specialized counseling centers, and to lawyers. Those in need are entitled to legal advice and legal aid for asserting their rights in court. There are also special programs and projects offering legal and psychosocial support, especially for people with a migration background. The Federal Office for Migration and Refugees (BAMF) also provides information and support services.
