INTERNATIONAL STANDARDS ON THE PROHIBITION OF FORCED MARRIAGE

Abstract

The article provides a general theoretical overview of international legal instruments prohibiting forced marriage, taking into account theoretical approaches and concepts that emphasize the importance of free choice in the conclusion of marriage. It is affirmed that being coerced into a marriage constitutes a violation of human rights at both the international and national levels. It has been demonstrated that the prohibition of forced marriage also applies to cases involving a foreign element, as national legislation provides for the application of the relevant provisions of the Family Code of Ukraine concerning the grounds for declaring a marriage invalid due to a defect in consent. The article emphasizes the need to improve national family legislation concerning the prohibition of marriages concluded with a defect in consent, as well as the necessity of implementing preventive measures against forced marriages by developing effective mechanisms to identify cases where full and free consent of both parties – female and male – is lacking. Attention is drawn to the insufficiency of legislative provisions establishing liability for forced marriage, as well as to the need to develop a mechanism for their effective implementation in practice. It has been established that the full and free consent to marriage, personally expressed by both the woman and the man, does not constitute a one-time legal act, as it produces continuing legal effects – from the moment the marriage is concluded, throughout its duration, and until its dissolution. It is proposed that forced marriage be understood as a marital union between a woman and a man, registered by the state civil registration authority, without the full and free consent of one or both parties from the moment of its conclusion until its dissolution.