Forced to marry – more and more minors affected
More underage victims report to the forced marriage department – although the law has been tightened.
They are forced to marry someone they don’t want. This also happens in Switzerland – a hundred times. The forced marriage department, the federal competence center on this issue, advised and supported those affected in 347 cases last year. The numbers are at a similar high level as last year, says the president of the department, Anu Sivaganesan. A few years ago, the number was significantly lower: in 2015, there were around 100 fewer cases. The rise has two reasons, it says at the department. “Many of those affected have now dared to seek external help after being encouraged by confidants,” says Sivaganesan. But it also assumes that more women and men will actually be forced to marry.
It should be the most beautiful day in life – but for some it is the worst. (Icon) Image: KEYSTONE
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The department is increasingly dealing with children. “We have had many more cases of minor marriages since 2016,” says Sivaganesan. Last year alone, the department advised 123 minors. Politicians have had the problem on their radar for a long time – and the law has been tightened: In the past, foreigners were allowed to marry in Switzerland from the age of 16 if their home country allowed it. That is forbidden today; however, the problem was not resolved. Sivaganesan says: “In practice, we see evasive action, as is often the case with legislative revisions. Those affected are now married abroad – and Switzerland usually recognizes the marriage afterwards. »
There are no nationwide figures for this. It is known that 281 minor marriages were officially recognized in the Canton of Zurich from 2015 to 2017. Some concern older people: for example a Portuguese woman who married at the age of 16 – and had the marriage recognized at 42. But there are also cases such as that of a Syrian woman who was only 17 when her marriage was recognized in Switzerland. How often coercion was involved is open.
“This is a paper tiger”
It is generally difficult for the authorities to uncover forced marriages abroad, says Arnold Messerli. He is a lawyer at the Bern regulatory authority. The recognition process usually takes place in writing, he explains. The authority can only act if one of the spouses or both oppose the registration. “In our experience, this is very rarely the case,” says Messerli.
Not all minor marriages occur out of coercion, but the risk is particularly high in this age group. The federal government has therefore tried to protect them specifically: According to the law, marriage is only valid if it corresponds to the “overriding interests” of the minor spouse.
Only: According to Anu Sivaganesan, this balancing of interests does not take place. “This is a paper tiger,” says the president of the department.
The problem lies in the process – and it gets complicated here: only a court can declare marriage invalid. If both spouses are at least 16 years old, the civil status authorities generally recognize foreign marriages. Only then can a court decide whether this is in the minors’ interest. Until that happens, according to Sivaganesan, the victims are mostly of legal age – and the marriage can no longer be canceled because of minority.
Arnold Messerli confirms this. He says his agency has submitted “numerous criminal complaints and applications for the annulment of minor marriage” to the prosecutors and the responsible authorities. “However, these did not appear in any of our advertisements.” In many cases, the reason was the upcoming age of majority.
Federal Council examines balance sheet
The forced marriage department therefore demands that minor marriages from the age of 18 are not automatically “cured” in Switzerland. Adults should also be able to annul their marriage if they have married underage. The agency also wants minor marriages to be generally not recognized. Politicians have also taken up this demand – an advance is pending in the National Council. The Federal Council has so far opposed this. He will soon have to deal with the topic again: In a report he has to take stock of the tightening of laws in 2013. The report is due to be adopted in the next few weeks, as the Federal Office of Justice says.
An assessment looks bleak: According to the Federal Statistical Office, since 2013 there have been only four convictions for forced marriage in Switzerland; a good two dozen offenses were reported. Most of the perpetrators get off with impunity. “It takes time for the law to take effect,” says Sivaganesan. Those affected often did not want to testify because they feared that they would have the whole family against them. “And finally, there is no certainty that they will win a court case,” she says. Because the evidence is difficult.
After all, those affected are more likely to receive help than before. “In many situations, we can find a solution together with the authorities,” says Sivaganesan. In 2018, 88 percent of the consultations at the specialist agency were successful. (Aargauerzeitung.ch)
