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Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

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Page 1: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

Universal Declaration of Human Rights, Article 16(2)

“Marriage shall be entered into only

with the free and full consent of the

intending spouses.”

Page 2: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

UN Convention on consent to marriage, minimum age for marriage and registration of marriages, Article 1

“No marriage shall be legally entered

into without the full and freeconsent of both parties.”

Page 3: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

UN Convention on the Elimination of All Forms of Discrimination Against Women

“A woman’s right to choose a spouse

and enter freely into marriage iscentral to her life and her dignityand equality as a human being.”

Page 4: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

Forced Marriage:

Forced marriage is a marriage that has an absence of consent from one or both parties and uses one or more elements of coercion, violence, and/or fraud to cause the marriage.

There is no ability to choose one’s partner and the right of refusal may be denied by the family for one or both individuals.

There is an absence of free will in a forced marriage that differentiates it from other types of marriages including an arranged marriage where, although the parties to the marriage are introduced to each other, the final decision to marry remains with the two parties.

Page 5: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

“Honor” Violence:

The terms “honor crime” or “honor-based violence” embrace a variety of crimes of violence including assault, imprisonment and murder, where the person is being punished by their family or their community.

They are being punished for actually, or allegedly, undermining what the family or community believes to be the correct code of behavior.

In transgressing this correct code of behavior, the person shows that they have not been properly controlled to conform by their family and this is to the “shame” or “dishonor” of the family.

Page 6: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

Arranged Marriage:

The families of both spouses take a leading role in arranging the marriage but the choice whether or not to accept the arrangement remains with the prospective spouses.

Consent is essential to all marriages – only the spouses will know if they gave their consent freely.

If families have to resort to violence or emotional pressure to make someone marry, that person’s consent has not been given freely and therefore it may not be “arranged.”

Page 7: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

Overview of 2012 Forced Marriage Survey

524 Survey Respondents including social workers, students, law enforcement, at-risk individuals and scholars in women’s studies.

37% were aware of known cases of forced marriage in the United States.

563 cases.

53% stated that they were aware of suspected cases of forced marriage in the United States.

Page 8: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

Major Recommendations on FM from 2012 Study

Gangashakti.org 8

Raise Awareness of Forced Marriage

Cultural Sensitivity Training

Services for Victims

Educate Communities on Prevention

Criminal Justice Response

Educate the Youth

Further Collaboration among NGO's

Multi-Disciplinary Approach to Cases

Clarity Between Arranged and Forced Marriage

Further Research on FM

95%

68%

55%

45%

45%

32%

23%

18%

18%

9%

Major Recommendations on FM From Interviewees

Page 9: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

THE INITIATIVE ON VIOLENCE AGAINST WOMEN

Carr Center, Harvard Kennedy SchoolVAW Research Briefing May 22, 2014

Page 10: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

The Mandate

To Examine the legal and implementation Gaps in the Global Framework on VAW.

To Build VOIS: VAW Organizational Information System.

To Implement GRE: A Global Research Engagement Strategy.

To Execute WGF: Working Group Formation.

Page 11: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

Global Research Team

GREGlobal Research Engagement: A strategic geographical research process engaging law schools/clinics from every continent and a separate community of independent researchers working on their own VAW research.

WGFWorking Group Formation

VOISVAW Organization Informational System:A global Database of Orgs working on VAW.

The Initiative on Violence Against Women

Page 12: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

WGF – Working Group Formation

10 Regional Working Groups Every continent is represented Regional “VAW Landscape” Human Rights Attorneys, VAW

Practitioners, Scholars.

Page 13: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

VOIS – VAW Organizational Information System

A global Database of Orgs working on VAW.

For Practitioners, scholars, grassroots women.

Global access to VAW Orgs. Village, Town, City, Country Contact Details Mission Size, Reach

Page 14: Universal Declaration of Human Rights, Article 16(2) “Marriage shall be entered into only with the free and full consent of the intending spouses.”

GRE: Global Research Engagement

A strategic geographical research process

Community I: Law schools/clinics from every continent

Community II: Independent researchers working on their own VAW research

Local, grassroots perspective on VAW Local understanding of access to

justice and barriers to implementation.