Arranged Marriage: a Violation of Human Rights?
Arranged Marriage: A violation of human rights?
Ashley Bowers
December 7, 2011
SOCW 510
Introduction
Do arranged marriages violate human rights as they are protected by international humanitarian law? Marriage is a vital part of the social and economic life of a person’s life. It forms the foundation for a continued family line, and the backdrop for raising children. In most societies, marriage is an important relation both between the two people and between the person and the society, and there are many rituals and traditions tied to the marriage. In many parts of the world, arranged marriages are still common, and are the expected and accepted way to find someone to share a lifetime with.
Definition
A definitive distinction between arranged marriages and forced marriages is difficult to define, as the division is fluid. One distinction is to say that arranged marriages are marriages planned by parents, guardians and brokers, based on what they believe is the best for the spouses, but in this case, the intended future spouses hold the final say in whether to go through with the union of marriage. Forced marriages, on the other hand, completely lack the element of free consent, either by lack of given consent or because consent is given under duress.
The right to refuse an arranged marriage is perhaps not part of reality, since the spouses are brought up in a family environment where forced marriages are expected, and family bonds have powerful sway over individual decisions. “The question that arises, therefore, is essentially to establish whether one or both future spouses have consented, and if so, whether the consent was full and free with the aim of entering into married life” (Zapfl-Helbling, 2005).
History
Because marriage is such an important part of human life, it is discussed and described in religious writings. Arranged marriages have been instrumental in maintaining royal families and dynasties through history, and in some cultures, such as the
Ashley Bowers
December 7, 2011
SOCW 510
Introduction
Do arranged marriages violate human rights as they are protected by international humanitarian law? Marriage is a vital part of the social and economic life of a person’s life. It forms the foundation for a continued family line, and the backdrop for raising children. In most societies, marriage is an important relation both between the two people and between the person and the society, and there are many rituals and traditions tied to the marriage. In many parts of the world, arranged marriages are still common, and are the expected and accepted way to find someone to share a lifetime with.
Definition
A definitive distinction between arranged marriages and forced marriages is difficult to define, as the division is fluid. One distinction is to say that arranged marriages are marriages planned by parents, guardians and brokers, based on what they believe is the best for the spouses, but in this case, the intended future spouses hold the final say in whether to go through with the union of marriage. Forced marriages, on the other hand, completely lack the element of free consent, either by lack of given consent or because consent is given under duress.
The right to refuse an arranged marriage is perhaps not part of reality, since the spouses are brought up in a family environment where forced marriages are expected, and family bonds have powerful sway over individual decisions. “The question that arises, therefore, is essentially to establish whether one or both future spouses have consented, and if so, whether the consent was full and free with the aim of entering into married life” (Zapfl-Helbling, 2005).
History
Because marriage is such an important part of human life, it is discussed and described in religious writings. Arranged marriages have been instrumental in maintaining royal families and dynasties through history, and in some cultures, such as the
Bibliography: Reichert, E. (2006). Understanding Human Rights. Sage Publications Ltd. van Wormer, K., & Besthorn, F. H. (2011). Human Behavior and the Social Environment. New York: Oxford University Press.