La Strada International, together with Impact – Center Against Human Trafficking & Sexual Violence in Conflict, is publishing a new comparative study, “Comparative Analysis of the Legal and Policy Landscape on (Trafficking for the Exploitation of) Forced Marriage Across Europe.”
As part of the 16 Days of Activism against Gender-Based Violence Campaign, La Strada International is drawing attention to forced marriage as a profoundly gendered human rights violation. Forced marriage disproportionately affects women and girls, restricts their autonomy, and exposes them to sexual violence, domestic servitude, and other forms of exploitation, including human trafficking.
The report examines how forced marriage is regulated across 38 European countries, including all 27 EU Member States, and examines under which circumstances forced marriage may constitute human trafficking when the legal criteria of act, means, and purpose of exploitation are fulfilled.
The number of men, women, and children living in forced marriages has increased globally. In 2021, an estimated 22 million people were in situations of forced marriage on any given day, a rise of 6.6 million compared to 2016.
The Revised EU Anti-Trafficking Directive now requires EU Member States to criminalise the exploitation of forced marriage as a form of human trafficking by July 2026, while the Directive on Violence Against Women and Domestic Violence obliges Member States to criminalise forced marriage by June 2027.
These new obligations raise critical questions about how both offences should be interpreted and applied in practice. Given the limited availability of data on trafficking for the exploitation of forced marriage, the study provides a baseline assessment ahead of the transposition of both directives into national laws. It also reviews relevant international frameworks, national legislation, case law, and includes 38 country analyses.
Main Findings
- Forced marriage is not inherently trafficking: Forced marriage is a serious human rights violation, but it becomes human trafficking only when all three elements of the trafficking definition are met.
- Forced marriage is widely criminalised, but approaches differ significantly: 24 countries criminalise forced marriage as a standalone offence. 9 countries already recognise forced marriage within their trafficking legislation, while only a few – Croatia, Iceland, Spain, and Ukraine – recognise it within both forced marriage and human trafficking frameworks.
- Forced marriages are often justified to be part of cultural, religious, or traditional customs and as a way to preserve family honour, strengthen community ties, or maintain cultural identity.
- There are difficulties in collecting evidence and victims show fear and reluctance to initiate proceedings due to frequent family involvement.
- Very few cases of trafficking for the exploitation of forced marriage have been detected. Despite legal provisions, identification and prosecution remain rare. Many cases are instead pursued under coercion, domestic violence, sexual offences, slavery or servitude, highlighting a gap in recognising circumstances where forced marriage comprises an act of human trafficking.
- Differences persist in how “exploitation” is understood. Some jurisdictions consider the forced marriage itself to be exploitative, while others require additional exploitation.
- Data collection remains severely limited. Many countries do not systematically record cases of forced marriage or this form of trafficking. The revised Directive will introduce new obligations for disaggregated data collection, a welcome step toward filling this gap.
- Most European countries lack effective non-legislative measures to combat forced marriage.
Looking Ahead
La Strada International calls for continued dialogue between legislators, practitioners, experts, and civil society to ensure that forced marriage and trafficking for its exploitation are addressed coherently and effectively.
Key Recommendations:
- Strengthen Legislation and Ensure Comprehensive Criminalisation, both as a stand-alone offence and as a form of exploitation within THB legislation
- Investigate and Prosecute Trafficking-Related Cases Proactively, including specialised investigation, proportionate penalties, victim-centred procedures.
- Clarify and Harmonise the Concept of “Exploitation”, countries still differ in assessing whether and when a forced marriage constitutes exploitation.
- Strengthen Training and Cooperation on Exploitation in Forced Marriage Cases
- Guarantee Victim Protection, Support, and Access to Justice, and ensure that legal procedures prioritise their safety and dignity.
- Set the Legal Minimum Age for Marriage at 18.
- Broaden the Definition of Forced Marriage, to include other forms of unions that are comparable in nature and function to marriage, even if not legally valid.
- Enable Unrestricted Annulment of Coerced Marriages, countries still differ in assessing whether and when a forced marriage constitutes exploitation.
- Complement Legal Reforms with Non-Legislative Measures, including awareness-raising, school programmes, professional training, and targeted national action plans.
- Ensure Systematic Monitoring and Data Collection, collected annually, publicly accessible, and including victim demographics, relationships to perpetrators, and case outcomes.
Read the full report here.
With this study, La Strada International and Impact aim to support government authorities, civil society, and EU institutions in strengthening their responses and ensuring that no person is forced into a marriage or exploited through one.
Read also LSI paper Exploitation of Surrogacy as a Form of Human Trafficking – How Did It End Up in the Amended EU Anti-Trafficking Directive?, analysing how the exploitation of surrogacy came to be included in the revised EU Anti-Trafficking Directive (Directive (EU) 2024/1712) as a form of human trafficking & LSI report Comparative Analysis of the Legal and Policy Landscape on (Trafficking for the Exploitation of) Surrogacy Across Europe.