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Analysis of the Protocols of Action Adopted in the Autonomous Community of Catalonia to Alleviate Forced and Child Marriages
Submission DeadlineDec. 20, 2019

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Lead Guest Editor
Encarnación Abad Arenas
Department of Civil Law, National University of Distance Education (UNED), Madrid, Spain
Guest Editors
  • María Fernanda Moretón Sanz
    Department of Civil Law, National University of Distance Education (UNED), Madrid, Spain
  • Sonia Calaza Lopéz
    Department of Procedural, National University of Distance Education (UNED), Madrid, Spain
  • José Carlos Muinelo Cobo
    Department of Philosophy of Law, National University of Distance Education (UNED), Madrid, Spain
  • Carmen Muñoz Delgado
    Commercial Law Department, National University of Distance Education (UNED), Madrid, Spain
  • Juan Carlos Utrera García
    Department of Legal Philosophy, National University of Distance Education (UNED), Madrid, Spain
  • Fernando Moreno Mozo
    Department of Civil Law, Sevilla University, Sevilla, Spain
Introduction
At present, the absence of studies on forced marriages and their undoubted configuration as a concrete manifestation of violence against women and girls, as well as the limited existence of programs developed in this regard by public entities or administrations, has made this phenomenon Spain is perceived as an isolated case, which only occurs sporadically in some Autonomous Communities and, at the same time, in very restricted ethnic groups.
In this sense, in Catalunya the promulgation of Law 5/2008, of April 24, on the right of women to eradicate sexist violence, finds its direct justification in the fact that women's rights are human rights, deriving that of the international, European and national regulations that have developed a set of rights and, of measures of both criminal and administrative nature, with the aim of eradicating violence against women. Thus, it provides within its articles the reference to forced marriages as a sexist violence in the social or community sphere.
Based on the foregoing, it will be of interest to refer to the Catalan Protocol on Procedure for the Prevention and Police Care of Forced Marriage, which would be created in June 2009, with the aim of addressing forced marriages to protect victims - girls / women - both from prevention, as when this practice had been carried out. In addition, with this Protocol a practice that is difficult to detect is visible, an incidence that occurs between certain communities of foreign origin residing in that Community.
Also, we will stop at the Machista Violence Security Program, which would be created in 2007 and, established in Catalunya, through a working group, with the aim of analyzing and studying forced marriages formalized by some of the immigrants residing in Catalunya, relying on the fact that these types of marital links constitute at all times a serious violation of fundamental rights and their victims, which as a general rule are young women.
In addition, and prior to the aforementioned, the different actions carried out by the Prosecutor's Office for the Protection of Minors of Catalunya in 2002 will be alluded to. Actions that have been considered as the first preventive measures adopted against such practices or customs and, which were put into practice after the knowledge of various cases of sale of minor girls for the celebration of marriages agreed by their parents.
Finally, we will make a brief reference to the approval in 2014 of a Protocol for the approach of forced marriages in Girona, whose intention is, on the one hand, to establish a health, social services, educational and police forces network and On the other, to adopt measures to prevent and act in cases of forced marriage, based on the premise that this Protocol is only limited to the territory of Girona.
Aims and Scope:
  1. Forced marriage
  2. Minors
  3. Action protocols
  4. Prevention
  5. Police attention
  6. Macho violence
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