Models of Criminalization of Forced Marriage in European Criminal Law

Abstract

Forced marriage remains one of the most serious violations of individual autonomy and human dignity, disproportionately affecting women and girls within European jurisdictions. This article undertakes a systematic comparative analysis of the legislative models through which European states have chosen to criminalize forced marriage, examining the legal architecture, definitional scope, and sanctioning regimes of each approach. Three principal models are identified and evaluated: the integrated model, in which forced marriage is prosecuted under pre-existing coercion or deprivation-of-liberty norms; the autonomous model, featuring a dedicated criminal offence with independent constituent elements; and the hybrid model, which grafts forced-marriage-specific aggravating circumstances onto existing coercion frameworks. Drawing on doctrinal legal analysis, normative comparison, and legislative history, the study surveys the criminal law of the United Kingdom, Germany, Belgium, Norway, Denmark, Switzerland, Austria, and France, as well as the obligations arising from Article 37 of the Council of Europe Istanbul Convention (2011) and the monitoring findings of the GREVIO expert body. The research demonstrates that autonomous criminalization, complemented by extraterritorial jurisdiction and victim-centered support mechanisms, produces the most effective protective outcomes. Significant gaps remain in definitional consistency, evidentiary standards, and cross-border cooperation. The article concludes by proposing core normative elements for an effective criminalization model and identifying directions for future comparative research and potential EU-level harmonization. UDC: [347.62:343.4](4); JEL: K14, K33, K38