'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany

Braun, Kerstin (2015) 'I don't take this man to be my lawfully wedded husband': considering the criminal offence 'forced marriage' and its potential impact on the lives of girls and young women with migrant backgrounds in Germany. German Law Journal, 16 (4). pp. 845-870. ISSN 2071-8322

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Abstract

In Germany, the practice of forcing a person to marry against his or her own free will was not explicitly penalized and did not attract much political attention until the beginning of the new millennium. Since the mid-2000s, however, the German legislature has enacted a number of laws concerning forced marriage, possibly due to increased public and media interest in honor-related gender violence in immigrant communities. In 2011, the German Criminal Code (StGB) was amended to include 'Forced Marriage', thus making forcing someone to marry an offense in its own right. In light of similar recent developments criminalizing forced marriages in other European jurisdictions—such as England and Wales—this article aims to critically assess the German legislation and its potential impact on victims and offenders. First, this article considers the German criminal legislation in detail. Second, it contemplates the underlying question of whether the introduction of criminal law as a repressive measure effectively addresses the issue of forced marriage. Third, this article contemplates non-legislative measures that could contribute to affording more holistic protection. Finally, it concludes that improving the situation for victims of forced marriage in practice requires more than adopting criminal law on the matter.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: German Law Journal is an open access journal.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 30 Nov 2015 02:39
Last Modified: 27 Jul 2016 01:50
Uncontrolled Keywords: forced marriage; Germany; legislation; impacts
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/27837

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