7 FAM 1740
FORCED MARRIAGE OF MINORS
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 1741 INTRODUCTION
(CT:CON-102; 02-27-2005)
a. The issue of forced marriages involves more than
just child victims, and is therefore covered in detail in 7 FAM 1400. Most
cases of forced marriage involve young women and girls aged between 13 and 30
years, although there is evidence to suggest that as many as 15 per cent of
victims are male. In a number of instances, the non-consenting partner is also
a child, which adds another dimension to the issue. The Department considers a
forced marriage to be a violation of basic human rights. It also considers the
forced marriage of a minor child to be a form of child abuse, since the child
will presumably be subjected to non-consensual sex. Cases involving U.S. citizen/national children that come to your attention cannot be disregarded, or simply
referred back to the parents. You must take all possible steps to protect the U.S. citizen/national child in these cases.
b. The issue of forced marriage is addressed in the
annual Human Rights Reports.
c. Some countries have issued travel advice and other
reports regarding forced marriage.
7 FAM 1742 AUTHORITIES
(CT:CON-102; 02-27-2005)
a. Consular authority for protection of minors is
derived from a variety of treaties, laws, and regulations.
(1) TREATIES. See Treaties in Force on the Department
of State Internet page to confirm whether a particular multilateral or
bilateral treaty is in force between the United States and the host country.
(a) Vienna Convention on Consular Relations (VCCR).
Article 5(h) and of the VCCR provides that consular functions include
protection of the interests of minors of the sending State.
|
Article 5(h) Vienna Convention on Consular Relations
Consular functions include
(h) safeguarding, within the limits imposed by the
laws and regulations of the receiving State, the interests of minors and
other persons lacking full capacity who are nationals of the sending State,
particularly where any guardianship or trusteeship is required with respect
to such persons.
|
Article 37 of the VCCR concerns host country
responsibilities in the event cases of guardianship or trusteeship.
|
Article 37 VCCR
If the relevant information is available to the
competent authorities of the receiving State, such authorities shall have the
duty:
(b) to inform the competent consular post without
delay of any case where the appointment of a guardian or trustee appears to
be in the interests of a minor or other person lacking full capacity who is a
national of the sending State. The giving of this information shall, however,
be without prejudice to the operation of the laws and regulations of the
receiving State concerning such appointments.
|
(b) Bilateral Consular Conventions. See the CA/OCS
Intranet page treaties feature for information about bilateral consular
conventions. Check Treaties in Force on the Department of State Internet page
to confirm the status of a particular treaty.
(2) Laws and Regulations.
(a) 22 CFR 71.1 Protection of Americans Abroad;
(b) 22 CFR 71.6 Services for Distressed Americans; and
(c) 22 U.S.C. 1731 Protection to Naturalized Citizens
Abroad.
b. Authorities Governing Marriage. See 7 FAM 1400.
Marriage is generally a matter reserved for the law of the place where the marriage
is performed. State laws in the United States pertain to emancipation of
minors, either by a court, or by marriage. See Laws of the Fifty
States, District of Columbia and Puerto Rico Governing Emancipation of
Minors. See also Marriage Laws of the Fifty States, District of Columbia and Puerto
Rico.
c. There are several international instruments
concerning marriage. See Treaties in Force on the Department of State Internet
home page to confirm which agreements are in force between the United
States and the host country. International instruments concerning marriage
include:
(1) Universal Declaration of Human Rights 1948 (UDHR)
Article 16(2) Marriage shall be entered into only
with the free and full consent of the intending spouses.
(2) International Covenant on Civil and Political
Rights
Article 28 3. No marriage shall be entered into
without the free and full consent of the intending spouses.
(3) Declaration on Elimination of Discrimination
Against Women
Article 6, 3. Child marriage and the betrothal of
young girls before puberty shall be prohibited, and effective action, including
legislation, shall be taken to specify a minimum age for marriage and to make
the registration of marriages in an official registry compulsory.
(4) Convention on Consent to Minimum Age for Marriage
and Registration of Marriages (1962)
(5) U.N. Recommendation on Consent to Marriage,
Minimum Age for Marriage and Registration (1965) (non-binding resolution)
7 FAM 1743 ARRANGED VS FORCED
MARRIAGES
(CT:CON-102; 02-27-2005)
Arranged marriages have been a long-standing tradition in
many cultures and countries. The Department respects this tradition, and makes
a very clear distinction between a forced marriage and an arranged marriage.
In arranged marriages, the families of both spouses take a leading role in
arranging the marriage but the choice whether to accept the arrangement remains
with the individuals.
7 FAM 1743.1 Forced Marriages
(CT:CON-102; 02-27-2005)
a. In a forced marriage, at least one party does not
consent or is unable to give informed consent to the marriage, and some element
of duress is generally present. While forced marriages are known to occur
worldwide, they are more prevalent in some countries and within some cultural
and religious groups. If there is a cultural bias or a history of forced
marriages in your district, you should be prepared to take appropriate action
on these cases when U.S. citizen/national children are involved.
b. Cases may come to your attention in several ways,
including:
(1) A child, or a concerned relative or friend, may
contact CA/OCS/ACS and express the concern that an upcoming family trip,
perhaps billed as a vacation, is actually designed to force him or her into a
marriage abroad. The OCS officer will generally explain the difficulties and
try to persuade the minor not to travel abroad. Often, however, due to family
and social pressures, they will go anyway, usually hoping they were wrong, or
that they can talk their parents out of the marriage. The case officer will
advise the minor to contact post as soon as possible upon arrival, and to stay
in touch during the visit. The case officer in turn will cable or e-mail you
with the facts of the case, and alert you to a probable call from the minor.
(2) Less often, a minor may contact post directly, and
state that he or she is about to travel abroad, and has reason to fear that the
trip is a ruse to enter him or her into a forced marriage. In this case, you
should play much the same counseling role as an OCS Officer in the Department,
and try to cover the following points:
(a) He or she has a basic right not to be forced into
marriage.
(b) Carefully explain the options available:
Travel as planned, and either hope he or she is
mistaken, or that he or she can convince the parents or even the prospective
bride/groom that the marriage should not take place. These are both
potentially very high-risk suppositions.
Accede to his or her parents demands, and consent to the
marriage.
Do not make the trip, even if this means leaving the
family for a safe haven in the United States. This may be the best
alternative.
(c) Explain how laws and practices in the host country
may make his or her situation much worse once he or she leaves the United States.
(d) Try to identify the basis for his or her concerns.
These could include a known prior agreement, the forced marriage of a sibling,
etc.
(e) Ask him or her to call OCS/ACS in the Department.
They in turn will help him or her with referrals to local social service agencies
that can assist.
(f) Instruct him or her to contact the post upon
arrival if he or she insists on making the trip, but again caution him or her
that your ability to assist may be very limited once he or she arrives in
country.
(g) Advise the Department (CA/OCS/ACS) of the call, and
the facts of the case.
7 FAM 1743.2 A Married Minor In
Country
(CT:CON-102; 02-27-2005)
A minor may approach the post for assistance at some point
after the forced marriage has occurred. Your efforts on his or her behalf
might include:
(1) Determining whether a forced marriage is illegal
in the host country, and if the laws are enforced. If such is the case, offer
to contact local authorities on his or her behalf. Explain that this may
require him or her to file criminal charges against his or her spouse, parents,
or others, and could prolong his or her stay in country;
(2) Asking if there are relatives or friends in the U.S.
who would be sympathetic and could assist with travel funds and a safe haven in
the U.S. Offering to contact, or help him or her contact these individuals and
arranging for a transfer of funds either commercially or through the OCS Trust
procedure (see 7 FAM 300);
(3) Verifying nationality and identity, and issuing a
replacement passport if necessary. Note that as a married person, the minor is
emancipated, and parental or spousal consent to passport issuance is not
required. Consult the Department (CA/OCS) as appropriate;
(4) If the minor has no funds for travel, and if other
private funds are not available, issuing a repatriation loan. The Department
may advise that the consular officer co-sign the loan application without
recourse for the minor. See 7 FAM 380.
CA/OCS will provide an advisory opinion on a case by case basis;
(5) If there is no family or friends in the US to whom
the minor can return, working with CA/OCS/ACS to arrange for an appropriate
reception and placement by HHS/ACF/ORRs contractor International Social
Services (ISS-USA); and
(6) If the host country requires the consent of the
husband in order for a wife to leave the country, the situation obviously
becomes more complex. You should:
(a) Advise the minor of the requirements for an exit
visa;
(b) Offer to assist the minor in obtaining permission to
leave, but caution that it may not be possible to do so without the spouse
learning of the attempt;
(c) Vigorously pursue host government consent for child
to leave;
(d) Keep the Department apprised; and
(e) See 7 FAM 180
Refuge.
7 FAM 1743.3 An Unmarried Minor In
Country
(CT:CON-102; 02-27-2005)
A U.S. citizen/national minor may approach post and state
that he or she is being forced into marriage. Your efforts on his or her
behalf might include:
(1) Determining whether a forced marriage is illegal
in the host country, and if the laws are enforced. If so, offer to contact
local authorities on his or her behalf. Explain that this may require him or
her to file charges against his or her parents or proposed husband, and
possibly delay his or her return to the United States;
(2) The legal status of a child in these circumstances
is not clear;
(3) If elements of child abuse or neglect are also
evident in the case, providing appropriate assistance as outlined in 7 FAM 1720;
(4) In all such cases, you should consult with the Department
before taking any action to issue documentation or assist in repatriation; and
See 7 FAM 180
Refuge.
7 FAM 1744 thorugh 1749 unassigned