Gender violence and cultural diversity: the example of forced marriages

Abstract

The incorporation of article 172 bis into the Spanish Penal Code has opened an interesting debate about forced marriages. The complexity of this criminal practice forces us to reflect on the very concept of forced marriage, the object of protection or on the main elements that make up this type of crime. The strong gender impact of this practice and its relationship with cultural diversity invites us to approach this analysis from a gender perspective, in order to identify whether the legislator has incorporated the gender dimension into the classification of these behaviors and whether take into account the needs of cultural minorities. Throughout this work a study of the crime of forced marriage will be carried out from a critical perspective, in order to draw some conclusions about the relevance of the way in which criminal intervention has been articulated in this matter.