Criminal Liability for Coercing A Woman into Marriage or Interfering with Her Right to Marry: Comparative Perspectives and Prospects for Improving National Legislation
Keywords:
Forced marriage, bride kidnapping, coercion into marriageAbstract
This article examines criminal liability for coercing a woman into marriage or continued marital cohabitation, as well as for obstructing her right to marry. It further offers a comparative analysis of the relevant legislative approaches in Bulgaria, the Republic of Korea, the Netherlands, San Marino, Azerbaijan, Georgia, Kyrgyzstan, Armenia, Belarus, Kazakhstan, Latvia, Lithuania, Ukraine, and Estonia. The study substantiates the need to differentiate criminal liability within the relevant provision of national legislation by distinguishing between two separate offenses: (1) coercion of a woman into marriage or continued marital cohabitation, or obstruction of her right to marry; and (2) abduction of a woman against her will for the purpose of marriage.
References
Committee on the Elimination of Discrimination against Women / Committee on the Rights of the Child. Joint General Recommendation No. 31 / General Comment No. 18 on Harmful Practices, CEDAW/C/GC/31/Rev.1–CRC/C/GC/18/Rev.1 (8 May 2019).
United Nations Human Rights Council. Resolution 53/23: Child, Early and Forced Marriage: Ending and Preventing Forced Marriage, UN Doc. A/HRC/RES/53/23 (21 July 2023).
UN Women. Virtual Knowledge Centre to End Violence against Women and Girls: Definitions and Forms of Forced and Child Marriage (27 January 2011).
Dugin, A. E. (2003). Some Features of the Abduction of Women for the Purpose of Marriage. Russian Judge, No. 5, p. 24.
United Nations. Convention on the Elimination of All Forms of Discrimination against Women, adopted by General Assembly Resolution 34/180 of 18 December 1979. Available at: https://www.un.org/ru/documents/decl_conv/conventions/cedaw.shtml
Naumov, A. V. (1998). Article-by-Article Commentary on the Criminal Code of the Russian Federation (1996). Moscow: Institute of State and Law, Russian Academy of Sciences, p. 157.
Kruglikov, L. L. (1999). Criminal Law of Russia. Special Part: Textbook for Universities. Moscow: BEK, p. 97.
Gadzhiev, S. N. (2003). Liability for Crimes Infringing upon Personal Freedom. Law: Theory and Practice. Moscow: Tezaurus, No. 7, pp. 46–52.
Rarog, A. I. (Ed.). (1996). Criminal Law. Special Part: Textbook. Moscow, p. 346.
Sutyagin, A. V. (2014). Article-by-Article Commentary on the Criminal Code of the Russian Federation. Moscow: GrossMedia: ROSBUKH, p. 228.
Perezhogina, G. V. (2018). Criminal Law Regulation of the Implementation of Folk Customs (PhD Dissertation in Law). Tyumen: Tyumen State University, pp. 103–104.
Criminal Code of the Republic of Azerbaijan (approved by the Law of the Republic of Azerbaijan of 30 December 1999 No. 787-IQ). Available at: https://online.zakon.kz/Document/?doc_id=30420353
Criminal Code of the Republic of Belarus. Available at: http://law.edu.ru/norm/norm.asp?normID=1242720
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