CRIMINAL PROTECTION OF MINORS AGAINST FORCED MARRIAGE

International standards and the law of the Republic of Serbia

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DOI:

https://doi.org/10.7251/CEST1726057J

Keywords:

marriage, coercion, minor, international standards, criminal act, punishment

Abstract

On the basis of universal or regional international documents, the freedom to conclude a marriage in a legally prescribed procedure is guaranteed. It is about a specific type of personal freedom of decision. It is also guaranteed by the constitutional and family law of individual countries. In order to ensure effective protection of a person's freedom of decision regarding entering into marriage, international and national criminal law established criminal responsibility for the criminal act of forced marriage. It is about coercing another person to conclude a marriage against his freely expressed will or inciting the other person in order to do so. The paper analyzes relevant international documents and national (constitutional, family, criminal) law of the Republic of Serbia regarding the protection of the freedom of another person (especially minors) to enter into marriage.

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Published

2026-05-02