Muhammad Emil Hakim Aba
Feminist Society - In societies across the globe, forced marriage remains a deeply entrenched issue that violates fundamental human rights. This practice, which disregards individual autonomy and consent, perpetuates cycles of abuse and suffering. This article explores the complexities of forced marriage, its impact, and the global efforts to combat it.
Understanding Forced Marriage
Forced marriage occurs when one or
both parties enter into a marital union without their free and informed
consent. Unlike arranged marriages, where families or intermediaries facilitate
introductions and both parties willingly participate, forced marriages lack
genuine choice. Coercion, threats, emotional manipulation, and physical
violence are often used to compel individuals into these unions.
Forced marriage operates along a
continuum of coercion. At one end, overt violence and explicit threats force
compliance. At the other end, subtle psychological pressure, emotional
blackmail, and cultural norms exert influence. Regardless of the method, the
absence of true consent defines forced marriage.
Global Prevalence
Forced marriages persist in various
cultural contexts worldwide. Regions such as South Asia, Africa, and the Middle
East report higher prevalence rates. However, this issue transcends borders,
affecting individuals from diverse backgrounds. It is essential to recognize
that forced marriage is not limited to any specific religion, ethnicity, or
socioeconomic group. In the context of Indonesia, forced marriages are still
problematic, based on Article 4 paragraph (1) of Law
Number 12 of 2022 concerning Criminal Sexual Violence, forced marriage is one
of the forms of criminal sexual violence that cannot be justified. However, the
practice still continues where that practice is frequently associated with
culture and customs. Therefore, all parties must strive to stop the practice of
forced marriages. That is a violation of human rights. In addition, the
practice could result so many negative consequences such as loss of autonomy,
health risks, education disruption, domestic violence, and many more.
Indonesia as a country based on
just and civilized humanity has specifically explained in Article 28B paragraph
(2) of the 1945 Constitution which regulates the right to have a family and
continue offspring that every child has the right to survival, growth, and
development and the right to self-protection from violence and
discrimination. This regulation clearly
emphasizes that in order to build commitment and family unity, all forms of
discrimination and coercion over individual rights to enter into a marriage
bond are not permitted.
In Article 6 paragraph (1) of
Marriage Law, implicitly states that marriage must be approved by both parties
entering into the marriage without any element of coercion from any party
because the purpose of marriage is that the husband and wife can build a
lasting and happy family, and fulfill human rights. This means that marriages
that take place under any threat are not permitted and are a violation of the
law for those who carry them out.
Marriage must be based on the desires, willingness and consent of each
party. Therefore, one party (husband or
wife) is allowed to apply for an annulment of the marriage as stipulated in
Article 27 paragraph (1) of Marriage Law.
From a global perspective,
countries worldwide have taken steps to address forced marriage. In Australia
for instance, the government criminalized forced marriage, imposing penalties
of up to seven years’ imprisonment. In the United Kingdom, the Anti-social Behavior,
Crime and Policing Act 2014 made forced marriage illegal, even if it occurs
abroad. Furthermore, there are also Civil Protection Orders to prevent forced
marriages which are applied in England, Wales, and Northern Ireland. Indonesia
should follow the example of these countries to stop the practice of forced
marriage. So far, there are so many weaknesses in the context of implementation
in the field, one of the real instances is the limitations of the Regional
Technical Implementation Unit for the Protection of Women and Children (Unit
Pelaksana Teknis Daerah Perlindungan Perempuan dan Anak). There are so many
cities/regencies in Indonesia that have not formed UPTD PPA yet. In fact, it is
an obligation to establish UPTD PPA in every local area as mandated in the
Sexual Violence Crime Law.
Conclusion
Forced marriage persists, but
collective action can make a difference. By raising awareness, supporting
survivors, and implementing legal protections, we move toward a world where
every individual’s right to choose their life partner is respected. Let us
stand together against this grave violation of human rights.
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View More:
The 1945 Constitution of the
Republic of Indonesia.
The Law Number 12 of 2022
concerning Criminal Sexual Violence.
The Law Number 16 of 2019
concerning Amendments to the Law Number 1 of 1974 concerning Marriage.
Rachael Clawson et al. Forced Marriage:
Implications for Mental Health and Intellectual Disability Services. Advances
in Psychiatric Treatment. Volume 19. Issue 2. (March 2013). DOI: https://doi.org/10.1192/apt.bp.111.009316
https://www.api-gbv.org/about-gbv/types-of-gbv/forced-marriage/
https://www.uscis.gov/humanitarian/forced-marriage
https://www.ag.gov.au/crime/people-smuggling-and-human-trafficking/forced-marriage
https://www.tahirih.org/news/addressing-forced-marriage-at-any-age-requires-comprehensive-solutions/
https://www.ourwatch.org.uk/crime-prevention/crime-types/domestic-abuse/forced-marriage
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