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Ponte Academic Journal
Jun 2018, Volume 74, Issue 6

INTERNATIONAL EXPERIENCE IN THE FIGHT AGAINST THE FORCED MARRIAGE. THE REPUBLIC OF KAZAKHSTAN CASE STUDY IN THE GLOBAL CONTEXT

Author(s): Dzhansarayeva Rima Yerenatovna ,Malikova Sholpan Baltabekovna, Atakhanova Gulzagira Makhatovna, Tlepbergenov Orynbasar Nusupaliyevich, Omarova Sholpan Bekmuratovna, Bissengali Liliya

J. Ponte - Jun 2018 - Volume 74 - Issue 6
doi: 10.21506/j.ponte.2018.6.3



Abstract:
The article provides generalized and collated information on the international experience in the fight against forced child marriages, the reasons and consequences of these marriages; moreover provides guidelines of the law for their elimination. The study contains analyzed sources and international instruments. It was revealed that the victims of forced marriages are mainly women and girls, who consequently suffer from physical, psychological and mental disorders. Despite the prohibition of these marriages at the international level and the obligation to set the minimum age of marriage, in some countries it still lies dormant. Other countries practise the state laws in conjunction with contradicting conventional rules. There is a substantiated necessity of criminalization of forced marriage with provision in the legislation of most countries. The Republic of Kazakhstan is the only country in Central Asia, where the criminal liability for this offense is not provided. Accordingly, based on the state legislation analysis and international legislative practice the article provides guidelines of the law on possible penal provisions against the privies of forced marriage. These guidelines can be applied to legislation of other countries with a similar problem.
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