Kohtaako lainsäädäntö pakkoavioliiton uhrin?
Avainsanat:
rikosoikeus, rikoslaki, pakkoavioliitto, ihmisoikeusvelvoitteet, Istanbulin sopimusAbstrakti
Does Finnish law meet the needs of the victim of forced marriage?
In Finland, child marriages and forced marriages received public attention in the context of the refugee crisis that burst out in Europe in 2014–2015. The Finnish ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the Istanbul Convention, was prepared during the same period. In the article, the Convention is used as the benchmark against which the Finnish legislation applicable in case of forced marriage is compared. In addition to criminal law, also civil legislation is considered. The author asserts that the legislation does at present not protect the victims – and potential victims – appropriately. The question of whether there should be a separate criminalisation of forced marriage should be properly evaluated. Furthermore, since the victims of forced marriage often are minors, the issue should be discussed from a perspective that would safeguard underage children at risk of becoming victims of forced marriage.
