Carolina Villacampa: "The forced marriages that are detected are just the tip of the iceberg."
Professor of Criminal Law at the University of Lleida
BarcelonaCarolina Villacampa is a professor of criminal law at the University of Lleida, In 2017, she coordinated her first national study on forced marriages and is currently participating in a European project to identify best practices for addressing this problem. She says the United Kingdom is the country where forced marriages have been most visible in the institutional and academic spheres, followed by Germany and Sweden. Spain is still in its infancy.
What was the objective of the national study you coordinated?
— To verify the existence of forced marriages in the country, establish the profile of victims, understand the dynamics of these marriages, determine how cases arise, and which entities are most effective at detecting them. We contacted 518 entities, but only received responses from 150. We also interviewed 34.
And what conclusions did they draw?
— Of the 150 entities that responded, 62 had indeed detected victims of forced marriages and the most surprising thing is that the majority of the victims had been born or raised here, although they had one background other cultures. That is, we don't find the stereotype of the first-generation immigrant.
How are these cases detected?
— The cases surfaced because the girls themselves were seeking help. That is, they refused to get married or had managed to escape their marriage. We also found that the organizations that detected them most were those with training in this area. Often, cases of domestic violence came to them, and when they dug deeper, they found they were cases of forced marriage. But there's no doubt that the cases that surfaced are just the tip of the iceberg. The important thing to detect them is for professionals to be trained, and at the time we conducted the study, few organizations had specific training on forced marriages.
Apart from training, what else should be done?
— In 2015, the Criminal Code created the crime of forced marriage, which provides for the use of violence, deception, or serious intimidation to force a person into marriage. However, in the cases we encountered, blackmail and subtle violence were used. Furthermore, the crime of forced marriage does not include informal marriages, and most forced marriages are not formal, they are not registered, although they are fully valid in the community. In other words, we have created a crime of forced marriage that serves little purpose.
That is, we have no tools to combat the problem.
— I'm currently participating in a European project to identify best practices for addressing forced marriages, and we've conducted a comparative study of Finland, Ireland, Germany, and Spain. Spain has not resorted to civil law to prevent such marriages.
What does it mean?
— For example, Spain could raise its marriage age to 18. Currently, an emancipated minor can marry at 16. However, most European countries set the age at 18 without exception.
In what other aspects are we behind?
— In Spain, marriages by proxy are accepted, which often requires the father to travel to the country of origin and act as the daughter's proxy. In other European countries, marriages are only valid if both spouses are present.
Is there anything else we can do?
— Here, to establish a restraining order, a criminal complaint is required if the victim is an adult. This puts these girls in a dead end, because they are required to report their family so that the judge can guarantee them protection. And often they don't want to report; they don't want their parents to have to go to court and be convicted. They simply want some kind of protection and to leave home temporarily. In fact, when this happens, parents often reconsider.
And is this done in other countries?
— In the United Kingdom, which is the most advanced in this regard, a civil judge can issue a protection order. And in Germany too. In fact, Spain is one of the few countries that can only offer protection through criminal proceedings. We are the most punitive, but this doesn't provide a solution for these girls.
