DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS JUSTICE, FREEDOM AND SECURITY FORCED MARRIAGES AND HONOUR KILLINGS STUDY Abstract This study aims at providing a comparative analysis of the ways in which forced marriages and honour killings are framed in the laws and practices taking place across the different Member States of the EU as well as in a selection of neighbouring countries. While statistical data on forced marriages and honour killings is often scarce, this study shows that these practices can be indeed found in a number of countries. At times of carrying the comparative analysis the legal context requires specific attention, not least for defining forced marriages but also for looking at the various steps which are taken to counter this phenomenon. Forcing someone to marry is a specific crime only in few EU Member States’ legal systems. Protection against forced marriage is however provided in a number of Member States by a broad range of activities including marriage law, immigration law, counselling, media presence and cooperation with civil society. When looking at the circumstances surrounding forced marriages, it appears that forced marriage has roots in traditional- patriarchal family structures, low-income situations and lack of education – not in a specific culture or religion. Further, existing data suggest that forced marriage can some times result in honour killings. The study also addresses the ways in which these domains are being addressed at EU level, as well as the limits and potential for future EU action. PE 408.334 EN This document was requested by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs. AUTHORS Prof. Dr. Gerhard Robbers, University of Trier RESPONSIBLE ADMINISTRATOR Dr. Joanna Apap Policy Department C - Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] LINGUISTIC VERSIONS Original: EN Translation: FR ABOUT THE EDITOR To contact the Policy Department or to subscribe to its monthly newsletter please write to: [email protected] Manuscript completed in September 2008. Brussels, © European Parliament, 2008. This document is available on the Internet at: http://www.europarl.europa.eu/studies DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorized, provided the source is acknowledged and the publisher is given prior notice and sent a copy. TABLE OF CONTENTS 1. Introduction............................................................................................................. - 1 - 2. The Case and Consequences of forced marriages: Setting the scene.......................... - 2 - 3. A European Union Challenge?................................................................................. - 4 - 4. Speaking about forced marriage............................................................................... - 6 - 4.1 Different conceptual understandings of forced marriages ..................................... - 6 - 4.2 Examples on national interpretations of the concept ............................................. - 7 - 4.3 Defining forced marriage for the purpose of this study......................................... - 8 - 5. Forced Marriages: A survey of the data.................................................................... - 9 - 5.1 Data in the United Kingdom ................................................................................ - 9 - 5.2 Data in Germany ............................................................................................... - 10 - 5.3 Data in Switzerland ........................................................................................... - 12 - 6. Legal standards...................................................................................................... - 12 - 6.1 Relation between forced marriages and member states’ obligations under international and European human rights law ................................................................. - 12 - 6.2 Forced marriages and criminal law..................................................................... - 14 - 6.2.1 A comparative account.......................................................................... - 14 - 6.2.2 The pros and cons of criminalizing forced marriages ............................. - 17 - 6.3 Other national initiatives.................................................................................... - 18 - 6.3.1 The United Kingdom............................................................................. - 19 - 6.3.2 Denmark ............................................................................................... - 20 - 6.3.3 Germany ............................................................................................... - 21 - 6.3.4 Other member states.............................................................................. - 22 - 6.4 Forced marriages and civil law: marriage law in progress................................... - 23 - 7. The case of Roma: marriages and discrimination.................................................... - 28 - 7.1 A variety of Roma marriage customs ................................................................. - 28 - 7.2 Member States policies on Roma marriages ....................................................... - 30 - 8. The Social Dimension and the Role of Education................................................... - 34 - 9. Honour Killings: A Survey on Data........................................................................ - 37 - 9.1 Dilemmas in conceptualising honour killing....................................................... - 38 - 9.2 Data on honour killings...................................................................................... - 38 - 9.3 The case of Turkey ............................................................................................ - 41 - 10. The Role of Citizenship, Integration and Asylum at times of responding to Forced Marriages and Honour Killings ...................................................................................... - 43 - 10.1 Forced marriages and citizenship ....................................................................... - 43 - 10.1.1 Cross country comparison ..................................................................... - 43 - 10.1.2 The Role of the European Convention on Nationality ............................ - 46 - 10.2 The role of integration at times of responding to forced marriage and honour killing... - 46 - 10.3 The role of asylum at times of responding to forced marriage and honour killing ........................................................................................................................... - 47- 11. Conclusion and Recommendations......................................................................... - 48 - Annex 1. References ...................................................................................................... - 50 - Annex 2. Status of ratification of the Convention on the Elimination of All Forms of Discrimination Against Women...................................................................................... - 63 - Annex 3 Tables on Cross-State Comparison of applicable Legal Frameworks................. - 50 - 1. INTRODUCTION Forced marriage and honour killing are two different, distinct topics. Each of them constitutes a social and personal disaster of its own. They often occur separately and are not necessarily linked with one another. However, both seem to be a consequence of cultural, religious or social circumstances. Also, the attempt to force someone into marriage can result in honour killing. The study provides– from a legal perspective – explanations about how these two topics are linked with each other. Further, and on the basis of the specifications provided by the European Parliament (DG for Internal Policies), the report intends to address the following specific questions: - What are the official data for these types of marriages across the European Union (EU) Member States? - To what extent are the main features of marriage laws across the EU effective at times of limiting the recognition of forced marriages? - How do young women get forced into marriage? Does the couple remain in the country of origin, or do they come back in one European Member State after the celebration of the marriage? - What is the extent of the problem across the EU Member States of 'unwilling sponsors' to bring a spouse through family reunification into the EU following a forced marriage? - What might be the reasons why some communities living within the EU still resort to forced marriages? To what extent is the phenomena of forced marriages and honour killing linked to the social situation of the minorities concerned? What are the consequences of forced marriages on the young women: psychological, physical....? - What is the procedure for marriages within the Roma communities in the Member States? - In which EU Member States is forced marriage a specific offence or crime, and if so, what is the penalty? What do Member States do from a legal point of view in order to stop and/or prevent this kind of offence/crime? - Do Member States have data on honour killings and what do they intend to do to put