Forced marriage, forced registered partnership and forced continuation of marriage
Forced marriage or forced registered partnership refers to a marriage or the registration of a partnership against the will of one or more of the two persons concerned. Forced continuation of marriage refers to the preservation of a voluntary or forced marriage against the will of one or more of the two persons.
What is a forced marriage, forced registered partnership or forced continuation of marriage?
Forced marriage or forced registered partnership refers to the marriage or registration of a partnership against the will of one or more of the two persons concerned. Victims may be minors or adults. The victim either does not dare defy the will of the people around them for fear of negative consequences or their refusal is ignored. They are pressured by their social environment or family through the use of threats, emotional blackmail, humiliation, control, restrictions on freedom of movement, economic dependency or physical or sexualised violence.
Forced marriage is different to an arranged marriage. Although the decision is made by a third party in both cases, the bride or groom in an arranged marriage can accept or reject the choice of partner without fear of negative consequences. Unlike forced marriage or forced registered partnership, arranged marriages are not banned by law in Switzerland. In practice, though, the boundary between forced and arranged marriage is fluid as it is not always clear whether coercion was a factor and whether the persons concerned have the option of rejecting the marriage. When differentiating between the two, the perception of the person concerned is decisive.
A forced continuation of marriage refers to the preservation of a voluntary or forced marriage against the will of one or more of the two persons concerned. The person concerned wants to divorce their partner, but is pressured by people in their environment (as described above) to remain in the marriage or partnership.
See the links below for additional professional information:
General information, further reading and advice on the subject of forced marriages
Are forced marriage, forced registered partnership and forced continuation of marriage punishable by law?
Yes. Forced marriage, forced registered partnership and forced continuation of marriage violate international and Swiss law. Forced marriage and forced partnership are explicitly prohibited as criminal offences under Art. 181a StGB.
The civil register office must verify at the time of the wedding ceremony that the marriage is entered into freely (Art. 99 (1)(3) Swiss Civil Code (CO)). The same applies to registered partnerships (Art. 6(1) Same Sex Partnership Act (SSPA)). Any interested party may have a marriage or partnership that was entered into under duress annulled at any time (Art. 105 (5) and 106 CO or Art. 9 (1)(d) SSPA). The authorities are also obliged to file a complaint ex officio if they are aware of this, even if it is not sought by the victim (Art. 106 (1) CO or Art. 9 (2) SSPA). After the marriage has been dissolved – through death or divorce, for example – the authorities are no longer obliged to prosecute the invalidity of the marriage ex officio (Art. 106 (2) CO).
Furthermore, any acts of violence committed in connection with the forced marriage, forced registered partnership or forced continuation of marriage may constitute other criminal offences.
In principle, the legal situation in Switzerland defines the requirements regarding marriages and registered partnerships as follows:
- Age requirement: Marriage is possible only when a person has reached legal age; i.e. from the age of 18.
- Free choice of partner: Every person may choose their partner freely. Nobody may be forced to enter into a marriage or registered partnership.
- Divorce/dissolution of a registered partnership: Both partners have the right to dissolve the marriage or partnership at any time.
You can contact a victim counselling centre for a precise assessment of your legal situation. It offers free advice and can also refer you to a lawyer if necessary. Additional information about the legal situation can be found here.
What to do in the case of a forced marriage, forced registered partnership or forced continuation of marriage
If you are the victim
- If you feel threatened or are in acute danger, call the police (tel. 117). It’s the police’s job to provide assistance and protection.
- Seek out professional support:
- Contact a women’s shelter in your region if you need protection, a place to stay and counselling. Click here for a list of all women’s shelters.
- Contact a victim counselling centre in your region or the Fachstelle Zwangsheirat (forced marriage support centre) if you need counselling. Click here for a list of all victim counselling centres. Click here for information on how to contact the Forced Marriage Support Centre.
- Confide in a person close to you who will support you, take you seriously and can find help in an emergency.
If the victim is someone you know
- If the person is in acute danger, notify the police (tel. 117).
- Offer the victim your support without pressuring them to accept it.
- Contact a specialist support centre to find out the kind of support services available. Specialists there will have the information you need and will be able to relieve some of the burden. Click here for a list of all victim counselling centres. The Forced Marriage Support Centre also offers professional support specifically for this situation. Click here for information on how to contact the Forced Marriage Support Centre.
- Tell the victim that forced marriage, forced registered partnership and forced continuation of marriage are illegal in Switzerland. Laws are in place that protect victims.
