Latest items for MARR-LAW-1
Nov. 16, 2024, 4:26 p.m.
Countries: Malta
Variables: MARR-LAW-1
"There are issues when it comes to prosecuting these [child marriages] cases, saying it is only illegal if the marriage is registered, and so proving the case in a court of law can be difficult" (para 6).
Variables: MARR-LAW-1
"There are issues when it comes to prosecuting these [child marriages] cases, saying it is only illegal if the marriage is registered, and so proving the case in a court of law can be difficult" (para 6).
Nov. 16, 2024, 2:54 p.m.
Countries: Egypt
Variables: MARR-LAW-1
"The draft law aims to criminalise underage marriages due to children’s lack of health and mental ability to bear the consequences of marriage" (para 1). Seeing as child marriages are forced marriages by definition, and they are not yet criminalised, it seems that forced marriages are legal (MB-CODER COMMENT).
Variables: MARR-LAW-1
"The draft law aims to criminalise underage marriages due to children’s lack of health and mental ability to bear the consequences of marriage" (para 1). Seeing as child marriages are forced marriages by definition, and they are not yet criminalised, it seems that forced marriages are legal (MB-CODER COMMENT).
Nov. 12, 2024, 1:32 p.m.
Countries: Latvia
Variables: MARR-LAW-1
"The Committee welcomes the progress achieved...in particular the adoption of the following…[c]riminalizing forced marriages and marriages of convenience, to combat trafficking, in 2013" (1, 2).
Variables: MARR-LAW-1
"The Committee welcomes the progress achieved...in particular the adoption of the following…[c]riminalizing forced marriages and marriages of convenience, to combat trafficking, in 2013" (1, 2).
Oct. 16, 2024, 3:02 p.m.
Countries: Malta
Variables: MARR-LAW-1
"There are issues when it comes to prosecuting these [child marriages] cases, saying it is only illegal if the marriage is registered, and so proving the case in a court of law can be difficult" (para 6).
Variables: MARR-LAW-1
"There are issues when it comes to prosecuting these [child marriages] cases, saying it is only illegal if the marriage is registered, and so proving the case in a court of law can be difficult" (para 6).
Oct. 9, 2024, 7:59 p.m.
Countries: Belize
Variables: MARR-LAW-1
"The new [Trafficking in Persons Prohibition] Act criminalizes...forced marriage of both adult and child victims" (3).
Variables: MARR-LAW-1
"The new [Trafficking in Persons Prohibition] Act criminalizes...forced marriage of both adult and child victims" (3).
Jan. 21, 2024, 10:43 a.m.
Countries: Saudi Arabia
Variables: MARR-LAW-1
"Saudi women still need permission from a male guardian to marry. True, it forbids guardians to force their charges to marry against their will. But the paternalistic role of the male guardian is fully encoded in the law — with control over women passing among fathers, husbands, uncles, brothers and even sons in a prescribed order of importance — and since a marriage agreement involves the 'offer of the guardian and the acceptance of the husband,' a guardian could likely prevent a woman from marrying according to her desire" (para 14).
Variables: MARR-LAW-1
"Saudi women still need permission from a male guardian to marry. True, it forbids guardians to force their charges to marry against their will. But the paternalistic role of the male guardian is fully encoded in the law — with control over women passing among fathers, husbands, uncles, brothers and even sons in a prescribed order of importance — and since a marriage agreement involves the 'offer of the guardian and the acceptance of the husband,' a guardian could likely prevent a woman from marrying according to her desire" (para 14).
Aug. 8, 2023, 12:20 p.m.
Countries: Senegal
Variables: MARR-LAW-1
"To guarantee equality between men and women, the Constitution of Senegal reaffirms the principle of prohibiting all forms of discrimination, in particular genderbased discrimination...It prohibits the forced marriage of young girls and women..." (3).
Variables: MARR-LAW-1
"To guarantee equality between men and women, the Constitution of Senegal reaffirms the principle of prohibiting all forms of discrimination, in particular genderbased discrimination...It prohibits the forced marriage of young girls and women..." (3).
July 30, 2023, 5:25 a.m.
Countries: Saudi Arabia
Variables: MARR-LAW-1
"Saudi women still need permission from a male guardian to marry. True, it forbids guardians to force their charges to marry against their will. But the paternalistic role of the male guardian is fully encoded in the law — with control over women passing among fathers, husbands, uncles, brothers and even sons in a prescribed order of importance — and since a marriage agreement involves the “offer of the guardian and the acceptance of the husband,” a guardian could likely prevent a woman from marrying according to her desire." (Parag. 13)
Variables: MARR-LAW-1
"Saudi women still need permission from a male guardian to marry. True, it forbids guardians to force their charges to marry against their will. But the paternalistic role of the male guardian is fully encoded in the law — with control over women passing among fathers, husbands, uncles, brothers and even sons in a prescribed order of importance — and since a marriage agreement involves the “offer of the guardian and the acceptance of the husband,” a guardian could likely prevent a woman from marrying according to her desire." (Parag. 13)
July 12, 2023, 10:28 p.m.
Countries: Saudi Arabia
Variables: MARR-LAW-1
"Saudi women still need permission from a male guardian to marry. True, it forbids guardians to force their charges to marry against their will. But the paternalistic role of the male guardian is fully encoded in the law — with control over women passing among fathers, husbands, uncles, brothers and even sons in a prescribed order of importance — and since a marriage agreement involves the “offer of the guardian and the acceptance of the husband,” a guardian could likely prevent a woman from marrying according to her desire." (Parag. 13)
Variables: MARR-LAW-1
"Saudi women still need permission from a male guardian to marry. True, it forbids guardians to force their charges to marry against their will. But the paternalistic role of the male guardian is fully encoded in the law — with control over women passing among fathers, husbands, uncles, brothers and even sons in a prescribed order of importance — and since a marriage agreement involves the “offer of the guardian and the acceptance of the husband,” a guardian could likely prevent a woman from marrying according to her desire." (Parag. 13)
July 10, 2023, 9:26 p.m.
Countries: Maldives
Variables: MARR-LAW-1
"Marriage is defined as the voluntary union of a man and a woman. Article 34 of the Constitution of the Republic of Maldives states that every person of the marriageable age as determined by law has the right to marry and to establish a family as specified in law. It further states that the family being the natural and fundamental unit of society, the family is entitled to protection by the society and the state. Family Act of Maldives which was enacted in 2000, 8 years before the Constitution came into force, in its Section 8 (a) states that a Maldivian woman may not marry a non-Muslim man and where...more
Variables: MARR-LAW-1
"Marriage is defined as the voluntary union of a man and a woman. Article 34 of the Constitution of the Republic of Maldives states that every person of the marriageable age as determined by law has the right to marry and to establish a family as specified in law. It further states that the family being the natural and fundamental unit of society, the family is entitled to protection by the society and the state. Family Act of Maldives which was enacted in 2000, 8 years before the Constitution came into force, in its Section 8 (a) states that a Maldivian woman may not marry a non-Muslim man and where...more
June 27, 2023, 11:16 p.m.
Countries: Algeria
Variables: MARR-LAW-1
"The law forbids legal guardians from forcing minors under their care to marry against the minor’s will" (30).
Variables: MARR-LAW-1
"The law forbids legal guardians from forcing minors under their care to marry against the minor’s will" (30).
June 20, 2023, 9:30 p.m.
Countries: Nicaragua
Variables: MARR-LAW-1
"The Family Code (Act No. 870) of 2014 regulates and protects the human rights of all families." (4)(NF - CODER COMMENT - The Family Code ensures that men and women are equal in their marriage and that marriage should be based off of voluntary union). "Under article 72, marriage and stable de facto union are defined as a voluntary agreement between the parties that may be dissolved by mutual consent or by the will of one of the parties." (32). "In Nicaragua, persons under 16 years of age may not marry or enter into a stable de facto union. Similarly, under the Human Trafficking Prevention Act (No. 896), a series...more
Variables: MARR-LAW-1
"The Family Code (Act No. 870) of 2014 regulates and protects the human rights of all families." (4)(NF - CODER COMMENT - The Family Code ensures that men and women are equal in their marriage and that marriage should be based off of voluntary union). "Under article 72, marriage and stable de facto union are defined as a voluntary agreement between the parties that may be dissolved by mutual consent or by the will of one of the parties." (32). "In Nicaragua, persons under 16 years of age may not marry or enter into a stable de facto union. Similarly, under the Human Trafficking Prevention Act (No. 896), a series...more
April 1, 2023, 9:26 p.m.
Countries: Uzbekistan
Variables: MARR-LAW-1
"A significant contribution to the development of gender legislation adopted in Uzbekistan was made in 2019 by, inter alia:…[T]he Act amending and supplementing article 15 of the Family Code of 28 August 2019…"(4)(NF - CODER COMMENT - This legislation asserts that marriage is a voluntary act and forced marriage is prohibited under this act). "Under the Family Code, family relations are regulated on the basis of the principle of the voluntary nature of the marital union of a man and a woman, the equality of the spouses’ individual and property rights, the settlement of family issues by mutual consent, the priority of raising children within the family and of children’s...more
Variables: MARR-LAW-1
"A significant contribution to the development of gender legislation adopted in Uzbekistan was made in 2019 by, inter alia:…[T]he Act amending and supplementing article 15 of the Family Code of 28 August 2019…"(4)(NF - CODER COMMENT - This legislation asserts that marriage is a voluntary act and forced marriage is prohibited under this act). "Under the Family Code, family relations are regulated on the basis of the principle of the voluntary nature of the marital union of a man and a woman, the equality of the spouses’ individual and property rights, the settlement of family issues by mutual consent, the priority of raising children within the family and of children’s...more
March 31, 2023, 2:31 p.m.
Countries: Egypt
Variables: MARR-LAW-1
"Act No. 64 of 2010, of temporary, seasonal and contractual marriages, particularly in rural and remote areas and among women living in poverty,are forms of trafficking and sexual exploitation of women" (8).
Variables: MARR-LAW-1
"Act No. 64 of 2010, of temporary, seasonal and contractual marriages, particularly in rural and remote areas and among women living in poverty,are forms of trafficking and sexual exploitation of women" (8).
March 8, 2023, 1:43 p.m.
Countries: Montenegro
Variables: MARR-LAW-1
"The Law Amending to the Criminal Code of Montenegro (“Official Gazette of Montenegro” No. 44/2017) introduced a new form of committing the criminal offense of concluding a void marriage (regulated by Article 214), in the case when a person is incited or taken abroad in intent to enter into marriage by force or threat" (9). "A new form of committing the criminal offense of concluding a void marriage has also been introduced..., in the case when a person is incited or taken abroad with the intention of entering a marriage by force or threat" (11).
Variables: MARR-LAW-1
"The Law Amending to the Criminal Code of Montenegro (“Official Gazette of Montenegro” No. 44/2017) introduced a new form of committing the criminal offense of concluding a void marriage (regulated by Article 214), in the case when a person is incited or taken abroad in intent to enter into marriage by force or threat" (9). "A new form of committing the criminal offense of concluding a void marriage has also been introduced..., in the case when a person is incited or taken abroad with the intention of entering a marriage by force or threat" (11).
Feb. 24, 2023, 12:54 p.m.
Countries: Nepal
Variables: MARR-LAW-1
"The Constitution and legislations guarantee women’s right to equality and non-discrimination in marriage and family relations. The chapter on marriage of General Code, 1963, fully recognizes and protects the right of every person to establish matrimonial relationship with a person of own choice. Early and child marriage, forced marriage and marriage caused by fraud are prohibited by the General Code. Any persons involved to execute such marriage are liable to face penalty including imprisonment." (22). "The Constitution guarantees rights against exploitation and discrimination from all harmful traditional practices that discriminate women. No laws and policies of Nepal recognize and protect such harmful practices. State agencies and even the private persons...more
Variables: MARR-LAW-1
"The Constitution and legislations guarantee women’s right to equality and non-discrimination in marriage and family relations. The chapter on marriage of General Code, 1963, fully recognizes and protects the right of every person to establish matrimonial relationship with a person of own choice. Early and child marriage, forced marriage and marriage caused by fraud are prohibited by the General Code. Any persons involved to execute such marriage are liable to face penalty including imprisonment." (22). "The Constitution guarantees rights against exploitation and discrimination from all harmful traditional practices that discriminate women. No laws and policies of Nepal recognize and protect such harmful practices. State agencies and even the private persons...more
Feb. 18, 2023, 10:28 a.m.
Countries: Chad
Variables: MARR-LAW-1
"Women who refuse marriage proposals in northern Chad will have to pay a fine of up to £30 under a new ruling" (Para.1). "The Higher Islamic Council in the eastern town of Mangalmé has decreed that men must pay £12 and women up to £30 for refusing to marry. Local authorities said the fine, known as 'amchilini', is based on the Quran and follows Sharia law" (Para.2). "The ruling was met with fierce criticism from human rights groups which say it violates a national law that guarantees freedom of marriage. The Chadian Women’s Rights League launched the hashtag #StopAmchilini to pressure national authorities to repeal the law. 'If we have...more
Variables: MARR-LAW-1
"Women who refuse marriage proposals in northern Chad will have to pay a fine of up to £30 under a new ruling" (Para.1). "The Higher Islamic Council in the eastern town of Mangalmé has decreed that men must pay £12 and women up to £30 for refusing to marry. Local authorities said the fine, known as 'amchilini', is based on the Quran and follows Sharia law" (Para.2). "The ruling was met with fierce criticism from human rights groups which say it violates a national law that guarantees freedom of marriage. The Chadian Women’s Rights League launched the hashtag #StopAmchilini to pressure national authorities to repeal the law. 'If we have...more
Feb. 6, 2023, 12:07 p.m.
Countries: Kyrgyzstan
Variables: MARR-LAW-1
"The Committee [on the Elimination of All Forms of Discrimination against Women] welcomes the progress achieved since the consideration in 2015 of the State party’s previous report in undertaking legislative reforms, in particular the adoption of the following...The Criminal Code, criminalizing bride kidnapping, forced marriage and child marriage (articles 175, 177 and 178), in 2017" (1-2). "The Committee welcomes the...introduction of more severe penalties for bride kidnapping of women and girls for the purposes of child marriage and forced marriage" (5).
Variables: MARR-LAW-1
"The Committee [on the Elimination of All Forms of Discrimination against Women] welcomes the progress achieved since the consideration in 2015 of the State party’s previous report in undertaking legislative reforms, in particular the adoption of the following...The Criminal Code, criminalizing bride kidnapping, forced marriage and child marriage (articles 175, 177 and 178), in 2017" (1-2). "The Committee welcomes the...introduction of more severe penalties for bride kidnapping of women and girls for the purposes of child marriage and forced marriage" (5).
Feb. 4, 2023, 6:14 p.m.
Countries: Namibia
Variables: MARR-LAW-1
"The Government continues to combat forms of child marriages. To this effect, the Married Persons Equality Act (Act No.1 of 1996) restricts the right to marry by age and consent. In other words, a child as defined under the Age of Majority Act (Act No. 57 of 1972) will not be allowed marriage unless emancipated to marry. In this regard the Married Persons Equality Act amended section 26 of the Marriage Act (Act No. 25 of 1961) and provides that 'no boy or girl under the age of 15 years shall be capable of contracting a valid marriage except with the written consent of the Minister'. (21). "Moreover, section 226...more
Variables: MARR-LAW-1
"The Government continues to combat forms of child marriages. To this effect, the Married Persons Equality Act (Act No.1 of 1996) restricts the right to marry by age and consent. In other words, a child as defined under the Age of Majority Act (Act No. 57 of 1972) will not be allowed marriage unless emancipated to marry. In this regard the Married Persons Equality Act amended section 26 of the Marriage Act (Act No. 25 of 1961) and provides that 'no boy or girl under the age of 15 years shall be capable of contracting a valid marriage except with the written consent of the Minister'. (21). "Moreover, section 226...more
Feb. 2, 2023, 1:11 p.m.
Countries: Austria
Variables: MARR-LAW-1
"The Committee notes the following with concern:...(b) The very low number of convictions following the reclassification of forced marriage as a standalone criminal offence in 2016 (only four convictions in 78 criminal cases in 2018)" (14).
Variables: MARR-LAW-1
"The Committee notes the following with concern:...(b) The very low number of convictions following the reclassification of forced marriage as a standalone criminal offence in 2016 (only four convictions in 78 criminal cases in 2018)" (14).
Dec. 28, 2022, 8:06 p.m.
Countries: Indonesia
Variables: MARR-LAW-1
"Indonesia has passed a landmark bill that for the first time outlaws forced marriage and sexual harassment" (para 1).
Variables: MARR-LAW-1
"Indonesia has passed a landmark bill that for the first time outlaws forced marriage and sexual harassment" (para 1).
June 29, 2022, 11:33 a.m.
Countries: Indonesia
Variables: MARR-LAW-1
"[The Committee]... is particularly concerned about: (a) The persistence of child marriages, especially in rural areas, under article 7 (2) of Law No. 16/2019 on marriage, which authorizes the religious courts to grant exemptions from the legal minimum age of marriage" (15). "[The Committee] recommends that the State party:... request the full consent of the woman in all marriages" (16).
Variables: MARR-LAW-1
"[The Committee]... is particularly concerned about: (a) The persistence of child marriages, especially in rural areas, under article 7 (2) of Law No. 16/2019 on marriage, which authorizes the religious courts to grant exemptions from the legal minimum age of marriage" (15). "[The Committee] recommends that the State party:... request the full consent of the woman in all marriages" (16).
June 14, 2022, 5:24 p.m.
Countries: Denmark
Variables: MARR-LAW-1
"Besides the minimum age requirement, it is required that the spouses/partners entered into marriage/relationship voluntarily. Thus, as a general rule family reunification cannot be granted if it must be considered doubtful that the marriage was contracted, or the cohabitation was established at both parties’ own wish. If the marriage has been contracted or the cohabitation established between close relatives or otherwise closely related parties, it must be considered doubtful unless particular reasons make it inappropriate, including regard for family unity, that the marriage was contracted or the cohabitation was established at both parties’ own wish" (28-29). "An effort has been made to tighten control with religious preachers, also regarding forced...more
Variables: MARR-LAW-1
"Besides the minimum age requirement, it is required that the spouses/partners entered into marriage/relationship voluntarily. Thus, as a general rule family reunification cannot be granted if it must be considered doubtful that the marriage was contracted, or the cohabitation was established at both parties’ own wish. If the marriage has been contracted or the cohabitation established between close relatives or otherwise closely related parties, it must be considered doubtful unless particular reasons make it inappropriate, including regard for family unity, that the marriage was contracted or the cohabitation was established at both parties’ own wish" (28-29). "An effort has been made to tighten control with religious preachers, also regarding forced...more
June 7, 2022, 11:16 a.m.
Countries: United States
Variables: MARR-LAW-1
"Massachusetts has the youngest age limit, with girls 12 and up and boys 14 and up able to marry with parental consent, according to World Population. Other states - such as Arkansas and New Hampshire - also have differing ages for males and females. Arkansas limits underage women to 16 and older, while males have to be 17. Meanwhile, New Hampshire is 13 for girls and 14 for boys. California does not have an age limit, as long as parental consent is obtained, according to World Population" (29-31).
Variables: MARR-LAW-1
"Massachusetts has the youngest age limit, with girls 12 and up and boys 14 and up able to marry with parental consent, according to World Population. Other states - such as Arkansas and New Hampshire - also have differing ages for males and females. Arkansas limits underage women to 16 and older, while males have to be 17. Meanwhile, New Hampshire is 13 for girls and 14 for boys. California does not have an age limit, as long as parental consent is obtained, according to World Population" (29-31).
June 7, 2022, 10:47 a.m.
Countries: China
Variables: CLCW-PRACTICE-1, MARR-LAW-1
"The Marriage Law is the first law enacted after the founding of New China, which was amended in 1980 and 2001 respectively. The Law is fully consistent with the provisions of Article 16 of the Convention as to the principle of non-discrimination in all matters relating to marriage and family relations. According to the Law, marriage must be based on the complete willingness of both man and woman. Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration office; irrespective of marital status, both husband and wife have the duty to bring up and educate their children; both husband and wife...more
Variables: CLCW-PRACTICE-1, MARR-LAW-1
"The Marriage Law is the first law enacted after the founding of New China, which was amended in 1980 and 2001 respectively. The Law is fully consistent with the provisions of Article 16 of the Convention as to the principle of non-discrimination in all matters relating to marriage and family relations. According to the Law, marriage must be based on the complete willingness of both man and woman. Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration office; irrespective of marital status, both husband and wife have the duty to bring up and educate their children; both husband and wife...more
May 30, 2022, 9:08 p.m.
Countries: Switzerland
Variables: MARR-LAW-1
"An amendment to article 50, paragraph 2 of the Foreign Nationals Act (FNA) came into force on 1 July 2013. When a spouse has not freely consented to the marriage, he or she may henceforth invoke important personal reasons to obtain or extend a residence permit. That change also enshrines in law the Federal Supreme Court’s case law under which, for the right to residence to be upheld after family breakdown, it is not necessary for both conditions, i.e. domestic violence and gravely compromised prospects of social reintegration in the country of origin, to be fulfilled. Moreover, FOGE and FOM have organized four regional workshops on enforcement of FNA article...more
Variables: MARR-LAW-1
"An amendment to article 50, paragraph 2 of the Foreign Nationals Act (FNA) came into force on 1 July 2013. When a spouse has not freely consented to the marriage, he or she may henceforth invoke important personal reasons to obtain or extend a residence permit. That change also enshrines in law the Federal Supreme Court’s case law under which, for the right to residence to be upheld after family breakdown, it is not necessary for both conditions, i.e. domestic violence and gravely compromised prospects of social reintegration in the country of origin, to be fulfilled. Moreover, FOGE and FOM have organized four regional workshops on enforcement of FNA article...more
May 27, 2022, 4:14 p.m.
Countries: Turkey
Variables: MARR-LAW-1
"According to the Turkish Civil Code No. 4721, for a legal marriage, it is obligatory to have mutual consent" (29).
Variables: MARR-LAW-1
"According to the Turkish Civil Code No. 4721, for a legal marriage, it is obligatory to have mutual consent" (29).
May 16, 2022, 8:09 p.m.
Countries: Suriname
Variables: MARR-LAW-1
"The age of consent for marriage, allowed in the civil code, was raised in 2003 from 13 to 15 years for girls and from 15 to 17 years for boys. Currently, draft legislation proposes to increase the age of consent to 18 for both boys and girls in accordance with CRC" (9).
Variables: MARR-LAW-1
"The age of consent for marriage, allowed in the civil code, was raised in 2003 from 13 to 15 years for girls and from 15 to 17 years for boys. Currently, draft legislation proposes to increase the age of consent to 18 for both boys and girls in accordance with CRC" (9).
April 17, 2022, 12:06 a.m.
Countries: Sweden
Variables: MARR-LAW-1
"The Committee notes that child and forced marriages and polygamy are illegal in the State party" (5).
Variables: MARR-LAW-1
"The Committee notes that child and forced marriages and polygamy are illegal in the State party" (5).
Feb. 28, 2022, 3:29 p.m.
Countries: United Kingdom
Variables: MARR-LAW-1
"Forcing someone to marry against his or her will is a criminal offense throughout the UK with a maximum prison sentence of seven years. Forcing a UK citizen into marriage anywhere in the world is a criminal offense in England and Wales" (15).
Variables: MARR-LAW-1
"Forcing someone to marry against his or her will is a criminal offense throughout the UK with a maximum prison sentence of seven years. Forcing a UK citizen into marriage anywhere in the world is a criminal offense in England and Wales" (15).