Forced Marriage
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- 7 min read
By Christina Cushen
For many people, getting married is the most exciting part of their life, yet for others it is the worst day of their life. Unfortunately, many people often think that forced marriage is a problem exclusive to developing countries, but this is not the case. In this article I will be reflecting on the challenges that women and girls experience as they fight for their own future.
In 2024, the UN Secretary-General estimated that 12 million girls are married every year, and approximately 640 million women and girls alive today were married during their childhood. When a child is forced into marriage there are consequences that go far beyond the marriage, such as the denial of education, exploitation or abuse, financial dependence and poverty. As the UN Secretary-General states, ‘forced marriage strips women and girls of their autonomy and agency, reinforcing patriarchal norms that devalue the empowerment and human rights of women and girls.’
Under international law, women and girls are protected from being married without their consent, and more importantly, children are prohibited from being exploited. Article 10 of the International Convention on Economic, Social and Cultural Rights asserts that ‘[t]he widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.’
However, more importantly the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage declares in article 1 that ‘No marriage shall be legally entered into without the full and free consent of both parties, such consent to be expressed by them in person after due publicity and in the presence of the authority competent to solemnise the marriage and of witnesses, as prescribed by law.’ The Convention recalls article 16 of the Universal Declaration of Human Right, whereby marriage may only occur at full age without any exemption of race, nationality or religion. Article 2 of the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage states that ‘States Parties to the present Convention shall take legislative action to specify a minimum age for marriage. No marriage shall be legally entered into by any person under this age, except where a competent authority has granted a dispensation as to age, for serious reasons, in the interest of the intending spouses.’
These United Nations articles have come into existence to protect women and girls, yet the pervasiveness of poverty and historic norms heighten the vulnerability of women and girls and are difficult to change. Norms reinforcing the subservience of women have been passed down and accepted in many cultures for centuries. As society is changing and women’s rights are slowly being accepted across the world, views of forced marriage are changing; therefor, these United Nations articles are becoming more important than ever.
Human Rights Watch has interviewed many individuals impacted by forced marriage including, Matilda from Tanzania. Matilda, who was forced to marry at the age of 14 to a 34 year old man, reflected: ‘I felt very sad. I couldn’t go to school, dowry was paid, and I could not disobey my father. I did not know my husband before.’ Sadly, Matilda’s suffering did not stop there -her husband physically and sexually abused her and did not have the means to support her. She recalled that ‘My husband was very poor. When I would get sick, he would not even have money to take me to the hospital.’ Another girl, Anita, told of her forced marriage at the age of 16 where she said ‘[m]y father said he did not have money to support my schooling. I then discovered that he had already received 20 cows as dowry for me. My mother tried to reason with my father to allow me continue with school, but my father said I had to marry.’
Unfortunately, for some women, marrying young is an escape mechanism from abuse. Judith from Tanzania recounted how she married at the age of 14, stating that ‘[a] houseboy in the house I was working in asked me to marry him. I agreed — because I saw marriage as my only option to escape mistreatment from my boss. My boss used to give me a lot of work without paying me. Many times I slept on a hungry stomach because my boss used to deny me food.’ Another interviewee, Tina, said marriage was a relief from her abusive step-mother. She said: ‘[m]y step-mother was mistreating me a lot. She made me to do most of the work while her children were not working. She often denied me food and would beat and verbally abuse me. I felt it was better I get married and get away from my step mother.’
In Australia , the Australian Federal Police responded to 91 reports of forced marriage between 2023-2024. The AFP Human Exploitation Commander Helen Schneider said ‘schools were on the front line of identifying and preventing this because they are often best-placed to spot signs of forced marriage in school-aged children. Things like a sudden change in domestic arrangements, heightened anxiety when talking about family matters or holidays, or having very limited independence can be early indicators of forced marriage’.
Most recently, a Shepparton woman was sentenced to three years of imprisonment for orchestrating the forced marriage of her 20 year old daughter, who was violently killed by her husband 6 weeks later. This sentence was historic as it was Australia’s first forced marriage conviction. In the sentencing judgement, the daughter’s driving teacher told the court that the victim ‘was quite excited about life, and then, suddenly, she's getting married to somebody that she didn't know, had nothing in common with, she felt was too old for her. And she just didn't want to do it. She didn't know what to do about that. … she asked me for help.’ Telling her teachers gave the victim the courage to go to the police even though she was fearful as her mother asked her ‘[a]re you my mother or I’m your mother?... I can make decisions for you. Do you think it is up to you…no matter what, you need to listen to me, to your mother.’
Another Australian woman, Laila, was coerced by her own family into marrying a man in the US, with her family presenting the trip as a holiday. After going to the police, Laila was isolated and vulnerable, forcing her to making the decision that changed her life forever. She recalls: ‘I thought getting married was going to save me from that situation. I felt like there was nothing else I could do besides stay with this person. I did not want to get close to him a lot of the time. He's a lot bigger than me, a lot stronger than me. There's no way I could push him off or fight it.’ Laila went on to say that ‘I thought if I was to go to the police, they would lock me up or deport me,’ but after finding out she was pregnant, she went to the police, and could not believe the support that police gave her.
In the United Kingdom, a woman recently told the story to the BBC of her experience when she was 17 years old. Aiyesha was taken by her parents to Pakistan where she was to marry her older cousin. She recalls her experience saying that ‘[h]e'd get into my face and say… this is it. You're going to be my wife forever and there's nothing you can do about it.’ She went on to say that ‘I became a different person. I was really vulnerable and fearing for my life.’
Women and girls are more vulnerable to forced marriage than men given that historically women and girls had to look after the household while the men went to school and worked. Whilst society is changing, many cultures continue to remain conservative and thus gender roles and stereotypes remain to exist. However, this example that I have provided highlights that even in developed countries this is a hidden problem where innocent women and girls are suffering in silence.
One of the biggest societal groups that can help these innocent girls are schools, as teachers often know them better than their parents as they spend most of their childhood time at school. Awareness and intervention by teachers could potentially change a girl's life and prevent perpetrators from targeting other women and girls.
Many women and girls are being deprived of their own liberty every day. Far too many women and girls are suffering and are being exposed to physical, mental and sexual harm as their lives are turned into hell by their own family members. Parents and step-parents are meant to protect their children or step-children from harm, but for many women and girls this is not the case. We as a society must do more to ensure the rights of women and girls are protected, and that every woman and girl has a future free from harm.
Christina has a particular interest in advocating for vulnerable individuals with disabilities and those who are disadvantaged. Her passion for social justice stems from her own life journey as a neurodiverse woman who understands the challenges that society places on people with disabilities. Through her advocacy, Christina aims to challenge societal stigma while promoting the rights of people with disabilities and other marginalised groups.
Christina also brings a breadth of practical experience. She has worked as a hotel receptionist, volunteered at multiple Community Legal Centres, assisted a barrister as a paralegal, and most recently completed a summer clerkship with the Department of Veterans’ Affairs. These experiences have allowed her to engage with a variety of legal matters, broaden her exposure to different areas of law, and further strengthen her passion for advancing social justice within the legal sector.
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