In 2007 the American photographer Stephanie Sinclair obtained the prize of the international competition “UNICEF-photo of the year”. Her photograph shows a bridal couple in Afghanistan. The groom Mohammed is 40 years old, his bride Ghulam only eleven. When Sinclair asked the girl about her feelings she replied: “Nothing. I don’t know this guy – what shall I feel?” The parents said they need the money. A statement, which is alarming for its own, all the more shocking, taking into account, that the daughter’s name means “slave”.

A forced marriage exists, when bride and groom enter nonvoluntarily into marriage. In contrast the varying arranged marriage is initiated by family members or mediators, but with agreement of the spouses.

The child marriage is another kind of a forced marriage as well, because it is not contracted with decisions of responsible spouses. Forced marriages are widespread in Islamic and Hindu societies, but also known from Buddhist and Christian milieus.

According to the statements of UNICEF there are more than 60 million young women all over the world, who got married not being full-aged, half of them in South Asia.

In developing countries every third girl is getting married being a child. In Niger, Chad and Mali the proportion is even at 70%. In Bangladesh, Guinea and the Central African Republic it is more than 60%. In Rajasthan, an Indian state, 15% of all wives are not even 10 years old when getting married.

CONSEQUENCES
A great number of victims get pregnant at a very early age and die aborning or during “dirty” abortions. Mostly there is no specialized assistance. The imbalance between their childish bodies and their comparatively huge fruit of womb comes to life-threatening risks for mother and child.

During a forced marriage victims of discrimination and oppression get almost invariably at the financial mercy of their husbands. Many times they are prohibited from receiving education, public media and joining in public life. In addition friends and relatives sever all contact with them. Domestic violence and rape are not rare.

REASONS
There are often financial problem which lead to forced marriages, but also the request of parents, to take part in the partner choice of their children. On many occasions it is mentioned, that girls can avoid possible rapes and kidnappings. But parents don’t want to know something about their raped daughter when consummating marriage. Furthermore an early marriage shall preempt premarital defloration, thus a loss of family’s honor.

Moreover a forced marriage with a member of the home country should connect the victims closer to the national roots. Often the attainment of residence permits in western countries play an important role, too.

Affected families frequently refer to follow their traditions, typical cultures and rites of their home country. Here it is conspicuous that families bringing up children far away from their home country often adhere to rites and traditions in a more intensive way than others.

In this society religion often undertakes the function of justifying an existing tradition. For instance there was a 50-year old man in Saudi Arabia appealing to the Prophet Mohammed, who acts like a model for every Muslim. Therefore every Saudi-Muslim is allowed to marry a 6-year old girl and to have sex with her at the age of 9, because Mohammed did the same with his wife Aisha. The real girl, in that case his third wife, was also only 9 years old.

JURIDICAL BACKGROUND
Practicing forced marriage contravenes Article 16 (2) of the Universal Declaration of Human Rights and Resolution 843 (IX) of the General Assembly of the UN (1954).

Indeed the EU has no juridical capacity to proceed against forced marriages, but different EU legal acts deal with some special aspects of this problem. The right of free husband choice is also recognized in Article 12 of the European Convention on Human Rights. In October 2005 the Council of Europe called for politically proceeding against child and forced marriages.

AGE LIMITS
In Germany, France and Morocco the age limit for marriages is 18, in Libya it is even 21 years. But usually this is the exception. Indeed today there are laws in most Islamic states, which modify or replace traditional (religious) regulations, but in some states like Saudi-Arabia classical formulations of the Shariah are used abundantly. According to this there is no age limitation and so child marriages are legal. Moreover the Shariah allows male relatives, so called wali mudschbirs, to marry a girl off somebody; even it is not her will. In Turkey, whose law is designed in Western-style, forced marriages are de iure forbidden. You can also find indirect legitimizations for child and forced marriages in Hinduism.

PUNISHABILITY
In many countries child and forced marriages are illegal, but on many occasions these juridical regulations can’t reveal traditions and religious instructions.

MEASURES
To fight against child and forced marriages states have to take convenient measures against customs and old laws, in order that they, among others, insure free choice of husband, eliminate child marriage and affiance with boys and girls before marriageable age and determine appropriate punishments. In addition cancellations of such marriages have to be made easier, recognitions should be excluded and a uniform international age limit should be set. Furthermore all births and marriages should be registered and checked. It is also important that states, traditionalist and religious groups start talking to each other as well as a better, faster and more effective protection of victims is necessary.