Forced marriage…

Is not the same as an arranged marriage, where families take a leading role in choosing the marriage partner, however the marriage itself is freely entered into by both parties. It is also not the same as a sham marriage where two persons agree to marry upon payment of a fee. In this scenario one person is paid a ‘price’ to marry another person to facilitate the illegal entry into the State, or to obtain a visa or residency permission to remain in the State.

There might be situations, however, when the distinction between forced and sham marriages is less clear. The agreement to marry may start off as a voluntary agreement but then an element of deception or coercion is introduced and this transforms the situation into human trafficking, similar to when a smuggling situation can be transformed into trafficking in persons.

The act may be the transfer or receipt of a person, the means may include deception, threats or coercion and the purpose may be sexual exploitation and/or servitude.

The Domestic Violence Act 2018 came into force on 1 January 2019, and criminalizes the act of forcing someone to enter into a ceremony of marriage, or removing a person from the State for such purposes.

Situations where you may find forced marriage used:

• To gain access into a country

• To gain access to benefits