The Istanbul Convention’s approach to forced marriage: Comparative law analysis

Abstract

The present study analyses the legal protection afforded to victims of forced marriage from a comparative perspective based on the requirements outlined by international regulations, particularly the Istanbul Convention. Specifically, it focuses on four countries that have ratified this Convention: Germany, Spain, Finland and Ireland. These countries are representative of various geographical regions of Western Europe, spanning the southern, central and northern areas, while also encompassing jurisdictions with both common and civil law systems. Through a thorough examination of legal, criminal, civil and administrative frameworks, it highlights differences in the four countries’ legislation. It concludes that there is a need for greater reliance on the implementation of legal, civil and immigration measures to prevent forced marriage and proactively protect its victims. It further suggests that specific legal classifications should be reconsidered to criminalise forced marriage more effectively.