International Journal of Law and Society

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Enforced Marriages in Spain: Brief Reference to Regional Regulations and Action Protocols Adopted in the Community of Catalunya

Received: Jun. 25, 2019    Accepted: Aug. 06, 2019    Published: Sep. 02, 2019
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Abstract

In this text, it is analyzed how, at present, the absence of studies in relation to forced marriages and their undoubted configuration as a concrete manifestation of violence against women and girls, as well as the limited existence of programs developed In this regard, by public entities or administrations, this phenomenon has been perceived in Spain as an isolated case, which only occurs sporadically in some Autonomous Communities and, at the same time, in very restricted ethnic groups. Thus, the approval of Law 5/2008, of April 24, on the right of women to eradicate sexist violence in Catalunya, is justified by the fact that women's rights are human rights, deriving from international, European and national regulations that have developed a set of rights and, both criminal and administrative measures, with the aim of eradicating violence against women, providing within its articles the reference to forced marriages as a macho violence in the social or community sphere. Also, reference is made both to the Catalan Police Protocol on Procedure for the Prevention and Police Care of Forced Marriage (2009), created with the purpose of addressing forced marriages to protect victims - girls / women - from prevention and, when this practice It would have been carried out, such as the Security Program against Violence Machista (2007), which was established in Catalunya, through a working group, its purpose was focused on the study of forced marriages formalized by some of the immigrant people residing in Catalunya, with the understanding that these types of marital links constitute a serious violation of the fundamental rights of their victims, which as a general rule are young women. Finally, it is necessary that in 2014 a Protocol for the approach of forced marriages -which is limited only to the territory of Girona- has been approved, its main objective is to establish a network of health, social services, education and police forces, as well as the adoption of measures to prevent and act in cases of forced marriage.

DOI 10.11648/j.ijls.20190203.14
Published in International Journal of Law and Society ( Volume 2, Issue 3, September 2019 )

This article belongs to the Special Issue Analysis of the Protocols of Action Adopted in the Autonomous Community of Catalonia to Alleviate Forced and Child Marriages

Page(s) 47-53
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Forced Marriage, Minors, Action Protocols, Prevention, Police Attention, Macho Violence

References
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[2] United Nations - General Assembly, (2010): "Resolution adopted by the General Assembly on December 18, 2009 [on the basis of the report of the Third Committee (A / 64/435 and Corr.1)]. [A / RES / 64/145] The girl". Available at: http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/64/145&Lang=S (Last visited on May 28, 2019).
[3] Navarra Foral Law 14/2015, APRIL 10, to act agains violence towomen (Text published in BON No. 71 of April 15, 2015). Available at: http://www.lexnavarra.navarra.es/detalle.asp?r=35670 (Last visited on July 27, 2019).
[4] Law 11/2016, of June 15, which modifies Law 7/2007, of April 4, for Equality between Women and Men, and Protection against Gender Violence in the Region of Murcia, (Text published in BORM No. 139 of June 17, 2016). Available at: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2016-6648 (Last visited on July 27, 2019).
[5] Law 5/2008, of April 24, on the right of women to eradicate sexist violence, of the Autonomous Community of Catalunya, (Text published in DOGC No. 5123 of May 02, 2008). Available at: http://noticias.juridicas.com/base_datos/CCAA/ca-l5-2008.html (Last visited on July 27, 2019).
[6] Law 26/2018, of December 21, of the Generalitat, of rights and guarantees of Children and adolescents, of the Generalitat Valenciana, (Text published in DOGV No. 8450 of December 24, 2018). Available at: https://www.dogv.gva.es/portal/ficha_disposicion_pc.jsp?sig=011597/2018&L=1 (Last visited on July 27, 2019).
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[9] Law 7/2018, of July 30, which modifies Law 13/2007, of November 26, on prevention measures and comprehensive protection against gender violence, in Andalusia, (Text published in BOE No. 207, of August 27, 2018). Available at: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2018-11883 (Last visited on July 27, 2019).
[10] Law 11/2007, of July 27, Galician for the prevention and comprehensive treatment of gender violence, of the Autonomous Community of Galicia, (Text published in BOE No. 226, of September 20, 2007). Available at: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2007-16611 (Last visited on July 27, 2019).
[11] Law 13/2010, of December 9, against gender violence in Castilla y León, (Text published in BOCL No. 243 of December 20, 2010). Available at: http://noticias.juridicas.com/base_datos/CCAA/cl-l13-2010.tp.html (Last visited on July 27, 2019).
[12] Law 1/2017, of March 17, amending Law 16/2003, of April 8, on Prevention and Integral Protection of Women against Gender Violence, of the Canary Islands, (Text published in BOE No. 160, of July 6, 2017). Available at: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2017-7819 (Last visited on July 27, 2019).
[13] Law 1/2017, of March 17, amending Law 16/2003, of April 8, on Prevention and Integral Protection of Women against Gender Violence, of the Canary Islands, (Text published in BOE No. 160, of July 6, 2017). Available at: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2017-7819 (Last visited on July 27, 2019).
[14] Observatory of Childhood. Ministry of Health, Social Services and Equality, (2014). "Basic Protocol of Intervention against Child Mistreatment in the Family. Updated to the intervention in the cases of minors victims of gender violence". Available at: https://www.bienestaryproteccioninfantil.es/imagenes/tablaContenidos03SubSec/MaltratoInfantil_accesible.pdf (Last visited on July 27, 2019).
[15] Heim, D, Fernández Bessa, C and Bodelón González, E. (2013): "Progetto IRIS - Interventi contro la violenza di genere verso le donne: ricerca e sperimentazione di sportelli specializzati". [JLS / 2008 / DAP3 / AG / 1246 - 30CE03119160027]. Research report Catalunya. Autonomous University of Barcelona. Available at: www.leonde.org/iris1/report/catalunya.pdf (Last visited on May 28, 2019).
[16] Igareda González, N. (2015): "Forced marriages: another opportunity for symbolic criminal law", Journal for the analysis of law, pp. 1-18, 7.
[17] Departament d'Interior, Generalitat de Catalunya, (2019): Dades on massaclist violence. Gifts (years 2009 to 2019). Available at: http://interior.gencat.cat/ca/arees_dactuacio/seguretat/violencia-masclista--domestica/estadistica-sobre-violencia-masclista--domestica/dades-sobre-violencia-masclista-dones/ (Last visited on May 30, 2019).
[18] Generalitat de Catalunya, (2009): "Seguretat Program against Masculist Violence. Procedure of prevention and police attention of forced marriages". Departament d'Interior, Institutional Relations and Participation. Available at: http://bbpp.observatorioviolencia.org/wp-content/uploads/2018/05/DOC1261477148_Presentacio_Procedimiento-MF_20090603_espanol.pdf (Last visited on May 30, 2019).
[19] Abad Arenas, E. (2017): "The protection of the rights of adolescence: forced marriages and the change of the nubile age", in The Law. Family Law: Legal Magazine on Family and Minors, no. 13, (Issue dedicated to: The (in) capacity of children and adolescents in Spanish law), pp. 151-159, 154.
[20] Abad Arenas, E. (2015): "Marital freedom and project for the typification of forced marriages". In: The future of social policies from birth to old age: Women as protagonists, Crespo Garrrido and Moretón Sanz (Dirs.), Editorial Tirant lo Blanch, Madrid, pp. 121-140, 133.
[21] Supreme Court Judgment, Room 2, of January 8, 2010 (LAW 5323/2010). (Last visited on July 27, 2019).
[22] Abad Arenas, E. (2014): "Marital Freedom and Forced Marriages," in Diario La Ley, no. 9907, pp. 1-9, 7.
[23] Abad Arenas, E. (2012): "Arranged marriages, forced marriages, early marriages: Nullity due to lack of consent". In: Civil Law Studies in Homage to Mr. Joaquín Rams Albesa, (Coord.), Cuena Casas, Anguita Villanueva and Ortega Doménech, Dikynson, Madrid, 1st ed., pp. 1079-1096, 1090.
[24] Rojo Álvarez-Manzaneda, C. (2018): "Forced marriage as a form of gender violence. Approach of the main religious confessions". In: The Istanbul Convention as a framework of anti-sub-discriminatory law, Gil Ruiz (Ed.), Dykinson, Madrid, pp. 135-165, 143.
[25] Generalitat de Catalunya - Gerona, (2014): "Protocol for dealing with forced marriages". [1st Update November 2016]. Available at: http://dones.gencat.cat/web/.content/03_ambits/docs/vm_protocol_matrimonisforcats_girona_ES.pdf (Last visited on June 6, 2019).
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    Encarnacion Abad Arenas. (2019). Enforced Marriages in Spain: Brief Reference to Regional Regulations and Action Protocols Adopted in the Community of Catalunya. International Journal of Law and Society, 2(3), 47-53. https://doi.org/10.11648/j.ijls.20190203.14

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    Encarnacion Abad Arenas. Enforced Marriages in Spain: Brief Reference to Regional Regulations and Action Protocols Adopted in the Community of Catalunya. Int. J. Law Soc. 2019, 2(3), 47-53. doi: 10.11648/j.ijls.20190203.14

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    AMA Style

    Encarnacion Abad Arenas. Enforced Marriages in Spain: Brief Reference to Regional Regulations and Action Protocols Adopted in the Community of Catalunya. Int J Law Soc. 2019;2(3):47-53. doi: 10.11648/j.ijls.20190203.14

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  • @article{10.11648/j.ijls.20190203.14,
      author = {Encarnacion Abad Arenas},
      title = {Enforced Marriages in Spain: Brief Reference to Regional Regulations and Action Protocols Adopted in the Community of Catalunya},
      journal = {International Journal of Law and Society},
      volume = {2},
      number = {3},
      pages = {47-53},
      doi = {10.11648/j.ijls.20190203.14},
      url = {https://doi.org/10.11648/j.ijls.20190203.14},
      eprint = {https://download.sciencepg.com/pdf/10.11648.j.ijls.20190203.14},
      abstract = {In this text, it is analyzed how, at present, the absence of studies in relation to forced marriages and their undoubted configuration as a concrete manifestation of violence against women and girls, as well as the limited existence of programs developed In this regard, by public entities or administrations, this phenomenon has been perceived in Spain as an isolated case, which only occurs sporadically in some Autonomous Communities and, at the same time, in very restricted ethnic groups. Thus, the approval of Law 5/2008, of April 24, on the right of women to eradicate sexist violence in Catalunya, is justified by the fact that women's rights are human rights, deriving from international, European and national regulations that have developed a set of rights and, both criminal and administrative measures, with the aim of eradicating violence against women, providing within its articles the reference to forced marriages as a macho violence in the social or community sphere. Also, reference is made both to the Catalan Police Protocol on Procedure for the Prevention and Police Care of Forced Marriage (2009), created with the purpose of addressing forced marriages to protect victims - girls / women - from prevention and, when this practice It would have been carried out, such as the Security Program against Violence Machista (2007), which was established in Catalunya, through a working group, its purpose was focused on the study of forced marriages formalized by some of the immigrant people residing in Catalunya, with the understanding that these types of marital links constitute a serious violation of the fundamental rights of their victims, which as a general rule are young women. Finally, it is necessary that in 2014 a Protocol for the approach of forced marriages -which is limited only to the territory of Girona- has been approved, its main objective is to establish a network of health, social services, education and police forces, as well as the adoption of measures to prevent and act in cases of forced marriage.},
     year = {2019}
    }
    

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Author Information
  • Department of Civil Law, National University of Distance Education, Madrid, Spain

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