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It is to be distinguished from an arranged marriage, where the parties do not select their partners but there is free choice to accept or decline the marriage. [1] Forced marriage is widely recognised as a human rights abuse, with some commentators considering it a form of slavery. [1]
Arranged marriages can also be seen as an inherent violation to human rights - particularly women's rights. [89] Scholars often wonder if arranged marriages are more stable and suitable for raising children, [ 90 ] and question whether the married couple can still experience a loving, respectful relationship.
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
The federal Defense of Marriage Act in 1996, prompted by fears of an adverse result in Hawaii's lawsuit Baehr v. Miike, defined a marriage explicitly as a union of one man and one woman for the purposes of all federal laws (See 1 U.S.C. § 7), which was ultimately ruled unconstitutional by the Supreme Court in United States v.
The United Nations views forced marriage as a form of human rights abuse, since it violates the principle of the freedom and autonomy of individuals. The Universal Declaration of Human Rights states that a person's right to choose a spouse and enter freely into marriage is central to their life and dignity, and their equality as a human being. [6]
These "marriages by capture" occur mainly in rural parts of South Africa, in particular the Eastern Cape and KwaZulu-Natal. [2] The Basotho call it tjhobediso. Among the Xhosa and Zulu people, ukuthwala was once an acceptable way for two young people in love to get married when their families opposed the match (and so actually a form of ...
A marriage of convenience is a marriage contracted for reasons other than that of love and commitment. Instead, such a marriage is entered into for personal gain, or some other sort of strategic purpose, such as a political marriage .
Bride buying in India is the practice of forced arranged marriages through human trafficking. Brides are commonly referred to as "paro" (from the far side) or "molki" (one who has a price) within this framework. The brides are sold by their parents to human traffickers who transport and sell them within relatively wealthier regions of Northern ...