What is Forced Marriage?
Forced marriage occurs when one or both parties do not or cannot give consent to be married and in which there is force, fraud, or coercion. This coercion can manifest as physical, emotional, psychological, cultural, or financial abuse. It transcends age, gender, background, and geography, affecting people worldwide .
Unlike arranged marriages, where both individuals agree to the marriage, forced marriages deny individuals their right to choose. In arranged marriages, families or other individuals may facilitate the match, but the final decision lies with the individuals involved. Consent is essential, regardless of how someone may label their experience.
The issue of forced marriage becomes even more complex when one party is a minor. The legality of child marriage varies by jurisdiction. In many U.S. states, minors aged 16-17 can obtain a marriage license with parental consent. Most child marriages in the U.S. involve girls marrying significantly older men. Even when a child gives consent, child marriage can lead to devastating consequences.
Before reaching the legal age of adulthood, minors often lack the means to protect themselves from a forced marriage. Legal limits on confidentiality can hinder their ability to seek help in cases of familial abuse. Those attempting to leave abusive situations may find it difficult to leave home, access shelters, file protective orders, or initiate a divorce. Furthermore, gaps in laws regarding abuse and neglect can prevent child protective services from intervening, since the law often does not recognize spouses as guardians.
When Forced Marriage and Human Trafficking Intersect
Forced marriage can overlap with other forms of abuse—including human trafficking, domestic violence, sexual abuse, financial exploitation, and child abuse. While they can intersect, forced marriage is distinct from human trafficking. Both represent forms of abuse and exploitation, but not every forced marriage involves human trafficking and vice versa; however, when forced marriage involves forced labor or commercial sex, human trafficking is also indicated.
For example, individuals in forced marriages may be forced to perform work or household chores or exchange sex for food, shelter, clothing, money, or something else of value (i.e., commercial sex). They can also be exploited for labor or sex for the financial gain of their spouses. All minors engaged in commercial sex are experiencing human trafficking regardless of the presence of force, fraud, or coercion.
OTIP has funded training for service providers , health care providers and law enforcement via Tahirih Justice Center, an OTIP recipient. The trainings further explore these intersections and provide deeper insight into prevention strategies.