arranged marriage

Arranged Marriage– A violation of human

rights?

Ulrikke Madeleine Skeid FossumSummer 2010

University of California, BerkeleyProfessor Kirk Boyd

Ulrikke Madeleine Skeid Fossum

Abstract

This paper examines the question of whether arranged marriages are a violation of human rights

as they are protected by international humanitarian law. Arranged marriages are part of many

cultures today, and have for a long time been part of every culture. Arranged marriages in this

context are marriages where someone other than the spouses arranged the marriage, but both

partners had the option of not marrying. This paper will first examine arranged marriage in a

historical and cultural context, and then the protections against arranged marriage in various

international agreements that exist today. The final part of the paper will look at the way these

protections are presented in article 24 in the proposed International Bill of Rights. It also touches

on the problems raised by the right to privacy presented in article 27, when possibly banning

arranged marriages.

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Table of Contents

Introduction........................................................................................................................................... 4

Definition................................................................................................................................................ 4

History of Arranged Marriage.......................................................................................................... 5Marriage in the Bible...................................................................................................................................... 5Marriage in Islam............................................................................................................................................. 6Arranged Marriages in India........................................................................................................................ 8Royal Marriages............................................................................................................................................... 9

International Agreements.............................................................................................................. 11

Regional Agreements....................................................................................................................... 13

The International Bill of Human Rights.....................................................................................15Changing the Language............................................................................................................................... 17

Conclusion.................................................................................................................................................................. 18

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Introduction

Do arranged marriages violate human rights as they are protected by international humanitarian

law? Marriage is a vital part of the social and economic life of a person’s life. It forms the

foundation for a continued family line, and the backdrop for raising children. In most societies,

marriage is an important relation both between the two people and between the person and the

society, and there are many rituals and traditions tied to the marriage. In many parts of the world,

arranged marriages are still common, and are the expected and accepted way to find someone to

share a lifetime with.

This paper examines the question of whether arranged marriages are a violation of human

rights as they are protected by international humanitarian law. Arranged marriages are part of

many cultures today, and have for a long time been part of every culture. This paper will first

examine arranged marriage in a historical and cultural context, and then move on to examining

the protections against arranged marriage in various international agreements that exist today.

The final part of the paper will look at the way these protections are presented in article 24 in the

proposed International Bill of Rights, and other conflicting rights that make it difficult to protect

people against arranged marriage.

Definition

A definitive distinction between arranged marriages and forced marriages is difficult to define, as

the division is fluid. One distinction is to say that arranged marriages are marriages planned by

parents, guardians and brokers, based on what they believe is the best for the spouses, but in this

case, the intended future spouses hold the final say in whether to go through with the union of

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marriage. Forced marriages, on the other hand, completely lack the element of free consent,

either by lack of given consent or because consent is given under duress.

The right to refuse an arranged marriage is perhaps not part of reality, since the spouses

are brought up in a family environment where forced marriages are expected, and family bonds

have powerful sway over individual decisions. “The question that arises, therefore, is essentially

to establish whether one or both future spouses have consented, and if so, whether the consent

was full and free with the aim of entering into married life.”1

History of Arranged Marriage

Because marriage is such an important part of human life, it is discussed and described in

religious writings. Arranged marriages have been instrumental in maintaining royal families and

dynasties through history, and in some cultures, such as the Indian, arranged marriages are still

common.

Marriage in the Bible

At the time of many of the stories in the Bible, arranged marriages were very common. The pair

that was to be married often had little power in deciding who they would marry; they would have

to do as their parents decided. In the same way as in royal families, marriage tied groups together

in alliances, bringing different communities together.

Genesis 24 speaks of an arranged marriage, where a servant is sent to find a wife for

Abraham’s son Isaac. Rebekah is brought from her homeland to marry Isaac. She is given to

1 Council of Europe: Parliamentary Assembly, Forced Marriages and Child Marriages, 20 June 2005, Doc. 10590, available at: http://www.unhcr.org/refworld/docid/43a96b8c4.html [accessed 29 July 2010], part II-A, page 5-6

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Abraham’s servant by her father Bethuel and brother Laban, to marry a man she has never met.

Isaac is in the same situation as Rebekah, since he also does not know the woman he will marry.2

Laban, Rebekah’s brother, also arranges marriages for his daughters. Jacob marries both

of Laban’s daughters, Leah and Rachel, and he works for seven years to be allowed to marry

each of the women. The marriages are decided by Laban, Leah and Rachel’s father, without

asking the opinion of either woman.

Now Laban had two daughters; the name of the older was Leah, and the name of the younger was Rachel. Leah had weak eyes, but Rachel was lovely in form, and beautiful. Jacob was in love with Rachel and said, "I'll work for you seven years in return for your younger daughter Rachel."3

Several verses in the Bible refer to women being given by their fathers to men in order to create

alliances, in a sign of good faith and friendship, or as a reward.

In accordance with the LORD's command to him, Joshua gave to Caleb son of Jephunneh a portion in Judah—Kiriath Arba, that is, Hebron. (Arba was the forefather of Anak.) From Hebron Caleb drove out the three Anakites—Sheshai, Ahiman and Talmai—descendants of Anak. From there he marched against the people living in Debir (formerly called Kiriath Sepher). And Caleb said, "I will give my daughter Acsah in marriage to the man who attacks and captures Kiriath Sepher." Othniel son of Kenaz, Caleb's brother, took it; so Caleb gave his daughter Acsah to him in marriage.”4

The Bible does not directly set forth rules governing arranged or forced marriages. The same is

true in other religions, such as Islam.

Marriage in Islam

While the Qur’an does not directly discuss arranged marriages, Islamic law and the writings

about the Prophet’s teachings do mention the subject. In these writings, forced marriages are

2 The Holy Bible, the Book of Genesis. Chapter 24. Available at: http://www.biblegateway.com/passage/?search=Genesis+24&version=NIV3 The Holy Bible, the Book of Genesis. Chapter 29:16-18. Available at: http://www.biblegateway.com/passage/?search=Genesis%2029:16-18&version=NIV4 The Holy Bible, the Book of Joshua. Chapter 15:13-17. Available at: http://www.biblegateway.com/passage/?search=Joshua%2015:13-17&version=NIV

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very clearly forbidden, but arranged marriages in the understanding that both potential partners

have the opportunity to refuse the marriage, is not banned.

Ibn Abbas reported that a girl came to the Messenger of Allah, and she reported that her father had forced her to marry without her consent. The Messenger of God gave her the choice...(between accepting the marriage or invalidating it) (Ahmad, Hadith no. 2469). another version of the report states that “the girl said: ‘Actually, I accept this marriage, but I wanted to let women know that parents have no right to force a husband on them.’” (Ibn-Majah).5

Islamic Scholars have in later times also reaffirmed this. Christine Huda Dodge writes about

courtship in Islam, which involves the family in every step,

In Islam, it is taken as seriously as any other decision in life – with prayer, careful investigation, and family involvement. Muslim parents play an important role in the screening process of potential spouses, because they know their children extremely well – their personalities, their likes and dislikes, and their possible pitfalls.6

The family helps find a suitable candidate for marriage, and arrange meetings between the

prospective spouses. Dating in the Western sense is not allowed in Islam, since two people of the

opposite sex who are not related or married are not allowed to be alone together. “Whenever a

man is alone with a woman, Satan is the third among them.”7 Dates are always chaperoned by

family members to prevent anything inappropriate from happening between the courting couple.

If, at the end of the courting process, the pair wishes to marry, they will. But Huda Dodge

reaffirms that, if they do not wish to marry, they have the option to say no. “Islam has given this

5 Khan, Zafar (edited by). ”Are Child Marriages allowed in Islam?” Islam Awareness. Available at: http://www.islamawareness.net/Marriage/Child/childmarriages.html [Accessed 4 August 2010]6 Huda Dodge, Christine. The Everything Understanding Islam Book: A complete guide to Muslim beliefs, practices, and culture. Available at Google books: http://books.google.com/books?id=plwIyojn7EwC&printsec=frontcover&dq=Huda+Dodge&hl=en&ei=V5djTJS6JYT2swPs-d3yBw&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCoQ6AEwAA#v=onepage&q&f=false. Page 206-208. [Accessed 4 August 2010]7 The Prophet Muhammad, quoted in Huda Dodge, Christine. The Everything Understanding Islam Book: A complete guide to Muslim beliefs, practices, and culture. Available at Google books: http://books.google.com/books?id=plwIyojn7EwC&printsec=frontcover&dq=Huda+Dodge&hl=en&ei=V5djTJS6JYT2swPs-d3yBw&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCoQ6AEwAA#v=onepage&q&f=false. Page 206-208. [Accessed 4 August 2010]

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freedom of choice to both young men and women - they cannot be forced into a marriage that

they don't want.”

Arranged Marriages in India

As in every other culture, marriage is a vital part of culture in India. In the same way as arranged

marriages are an established and expected part of Islamic culture, arranged marriages are very

common also in India, where Hinduism is the leading religion. Most marriages here are arranged,

but importantly with ”the consent of the bride and the bridegroom and the blessings of the

elders.”8 Also here the question of consent is very important to provide a distinction between

arranged and forced marriage. This focus on consent has been a modern development of this

ancient tradition. In the past, consent from the spouses was not necessary for them to be

married.9

Arranged marriages are set up by friends and family, and sometimes by a matchmaker

that sets up the marriage. But the bride’s father has the most responsibility in arranging marriage

for his daughter, and is the one who approaches the father of a potential bridegroom. Important

aspects when considering a possible match are financial status, caste, and the bride and

bridegrooms horoscopes matching. The role of astrology is important, and if a Hindu priest finds

that the horoscopes of the potential spouses do not match, they will not marry, and must begin

the search all over again10.

Indian culture is very different from the Western culture, and this is clearly exemplified

through their view of what a marriage is.

8 ”The Hindu Marriage, Past and Present.” Available at: http://www.hinduwebsite.com/hinduism/h_marriage.asp9 ”Arranged Marriage”. Available at: http://www.culturalindia.net/weddings/arranged-marriage.html10 Livermore, Rebecca. ”Marriage Customs of India’s Hindu Majority. Arranged Marraiges, Astrology, and Finding a Spouse in India.”. Available at: http://india.suite101.com/article.cfm/marriage_customs_of_indias_hindu_majority

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Many Indians look at marrying a person they don't know, gives one "a lifetime to learn to love them", as opposed to the American ideal of learning a person inside and out before entering into marriage. It can be said that an arranged marriage in India is not based on feelings, but rather on commitment.11

This view of marriage first and then love, while very different from the Western view where love

comes before marriage, seems to be successful. The divorce rate in India is at 1.1 %, compared

to the divorce rate in America, which is at 50 %12. These statistics may, however, be skewed,

since divorce is socially not acceptable in parts of India.

Royal Marriages

Arranged marriages in royal families were common, and cemented alliances and friendships

between the royals in Europe, and also kept the bloodline pure. This tradition of arranged

marriages between royals lasted well into the twentieth century. One such alliance was the

marriage between King Louis XVI of France and his wife Marie Antoinette, who was the sister

of the Holy Roman Emperor who ruled in Austria. This created an alliance between the French

and Austrian royal families, although alliance did not cause the Austrian Emperor Leopold to

intervene in France when his sister’s life was in danger.13

These intermarriages often led to inbreeding, since there was a limited number of people

to choose spouses from, so many of the European royals married their own cousins. An example

of this is the Habsburg Royal family, who ruled both in Austria and Spain. The two parts of the

Habsburg family married each other, in order to keep the power within the family and to keep the

bloodline pure. This eventually led to their children being born with serious birth defects, as

exemplified by Charles II, the last Habsburg king in Spain. It was widely known that he was both

11 The Culture of Arranged Marriages in India. Availaible at: http://www.indiamarks.com/guide/The-Culture-of-Arranged-Marriages-in-India/961/12 ”Divorce Rate in India.” Available at: http://www.divorcerate.org/divorce-rate-in-india.html13 Lever, Evelyne, ”Marie Antioinette: The Last Queen of France,” page 247.

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physically and mentally seriously disabled. He could not have children of his own, and since he

could not produce an heir, the Habsburg rule in Spain ended with him.

The royal families’ degree of inbreeding led to several cases of serious diseases, such as

the bleeding disease hemophilia, also called “the Royal disease.” This disease appeared in the

bloodline of the British royal family, and the gene was through marriage passed to several of the

other royal bloodlines in Europe. It famously appeared in the Russian Tsar family, where the son

of the last Tsar, Nikolas II, was a hemophiliac.14

One of the first royals to marry outside the European royal families was His Majesty

King Harald V of Norway, who married Sonja Haraldsen, a non-royal. Due to the novelty of a

royal marrying a commoner, they dated in secret for many years before they were able to marry,

and were only allowed to marry because the then-Crown Prince Harald refused to marry anyone

else and thus threatening to end the direct bloodline to the Norwegian throne. The then-Crown

Prince of Norway marrying outside the European royal families opened the possibility for other

royals to do the same. Crown Prince Haakon of Norway created headlines when he married

Mette-Marit Tjessem Høiby, a single mother with an admitted colorful past. This change is also

becoming apparent in other royal families, with Crown Princess Victoria of Sweden marrying

her former personal trainer, Daniel Westling this summer, and Prince Albert II of Monaco’s

engagement to former South African swimmer Charlene Wittstock. These developments suggest

that the era of arranged marriages and alliances through marriage in the European royal families

have come to an end.

14 Aronova-Tiuntseva and Herreid: ”Hemophilia: ”The Royal Disease”” Available at: http://www.sciencecases.org/hemo/hemo.asp

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International Agreements

The right to only marry with the free and full consent of both spouses is set forth in several of the

international agreements concerning human rights. Article 16 of the Universal Declaration of

Human Rights (1948) concerns the right to marry. Part two of article 16 states that “Marriage

shall be entered into only with the free and full consent of the intending spouses.”15

The same language is found in both the International Covenant on Civil and Political

Rights (1966) and in the International Covenant on Economic, Social and Cultural Rights (1966).

Article 23, part 3 of the International Covenant on Civil and Political Rights states that, “No

marriage shall be entered into without the free and full consent of the intending spouses.”16 And

Article 10, part 1 of the International Covenant on Economic, Social and Cultural Rights states

“…Marriage must be entered into with the free consent of the intending spouses.”17

The International Covenants are legally binding documents, but their language requiring

consent in marriage is vague and leaves a lot of power up to the states, and within the states, up

to the families. Also, there is no court to take on the cases that might violate the requirement of

free and full consent.

Another international agreement under the United Nations that recognizes the problem

with consent in marriage, especially from women, is the Convention on the Elimination of All

Forms of Discrimination against Women, refers directly to the problems concerning women’s

free consent in marriage. This Convention was adopted by the United Nations General Assembly

15 The Universal Declaration of Human Rights. Available at: http://74.220.219.58/~drafting/univ_dec16 The International Covenant on Civil and Political Rights. Available at: http://74.220.219.58/~drafting/cov_civil_poly17 The International Covenant on Economic, Social and Cultural Rights. Available at: http://74.220.219.58/~drafting/cov_eco_soc

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in 1979, with 130 nations voting in favor and none voting against, though there were 10

abstentions. It entered into force on September 3, 1981, after twenty nations had ratified it.18

Article 16 of the Convention on the Elimination of All Forms of Discrimination against

Women concerns marriage rights, and recognizes that women more often are forced into an

arranged marriage.

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; (c) The same rights and responsibilities during marriage and at its dissolution; …19

Today, 186 states are parties to the Convention, but many of the states have made reservations

against all of article 16 or parts of it. Several Islamic countries have reserved themselves against

implementing article 16 if it comes into conflict with the Islamic Shariah law.20

The ability of countries to reserve themselves against parts of the Conventions, such as

article 16 of the Convention on the Elimination of All Forms of Discrimination against Women,

or to not be held accountable for not fulfilling their agreements like the International Covenant

on Civil and Political Rights and the International Covenant on Economic, Social and Cultural

Rights, exemplifies one of the biggest problems with the current system where there is no

International Court to preside over cases where states violate their citizens’ human rights.

18 The United Nations Department of Public Information. ”Short History of CEDAW Convention.” Available at: http://www.un.org/womenwatch/daw/cedaw/history.htm19 The Convention on the Elimination of All Forms of Discrimination against Women, article 16. Available at: http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm20 The United Nations Treaty Collection. Status of the CEDAW convention. Available at: http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en

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Regional Agreements

The regional systems have a better ability to force states to live up to their agreements. In the

European Convention on Human Rights (1950), there is a built-in “margin of appreciation”

which allows for some cultural differences and different interpretations within Europe21. This

less rigid system allows more states to be parties to the European Convention, since they will not

necessarily be forced to implement rights in a way that violate their own traditions.

On marriage rights, the European Convention on Human Rights leaves discretion on the

particulars of marriage rights to the states, with a large “margin of appreciation”. Article 12 of

the European Convention on Human Rights states, “Men and women of marriageable age have

the right to marry and to found a family, according to the national laws governing the exercise of

this right.”22 The European Convention on Human Rights is a legally enforceable document, but

the wording of article 12 allows for large country variations, and sets no European standard for

what is or is not required to enter into a marriage. It also does not state any limit or ban on forced

or arranged marriages.

In the American Convention on Human Rights (1969), article 17 discusses the rights of

the family, and much of the language is the same as in the European Convention on Human

Rights. Article 17, part 2 allows the domestic laws to decide whether a couple is allowed to

marry.

The right of men and women of marriageable age to marry and to raise a family shall be recognized, if they meet the conditions required by domestic laws, insofar as such conditions do not affect the principle of nondiscrimination established in this Convention.23

21 Weissbrodt, David & de la Vega, Connie. International Human Rights Law. An Introduction. Page 7.22 The European Convention on Human Rights, article 12. Available at: http://74.220.219.58/~drafting/euro_conv23 The American Convention on Human Rights, article 17. Available at: http://74.220.219.58/~drafting/american_conv

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But part 3 of the same article of the American Convention on Human Rights bans forced

marriages, “No marriage shall be entered into without the free and full consent of the intending

spouses.” This echoes the language in the Universal Declaration of Human Rights, and leaves

less of a “margin of appreciation” to the countries, although it only bans forced marriages, not

arranged marriages. The American Convention on Human Rights may ban marriage without full

consent, but it has not been as successful as the European Convention on Human Rights when it

comes to getting nations to follow it. In the European Human Rights system there is a strong

financial incentive for countries to follow the Convention and the decisions by the European

Human Rights Court. This is because of “the requirement that any state that wishes to be part of

the Council of Europe, a political and trade organization with many economic benefits, must

agree to have the European Convention of Human Rights as part of its domestic law and

enforceable in its domestic courts.”24

Of the other regional agreements, neither the African (Banjul) Charter on Human and

Peoples’ Rights (1981)25, the Arab Charter on Human Rights (1994)26 nor the proposed Asian

Charter on Human Rights (1998)27 have language banning or restricting forced or arranged

marriages. The lack of language on the right to freely marry in the African, Arab, and proposed

Asian Charters suggests a cultural difference between the areas. This cultural difference must be

taken into consideration when drafting a universally enforceable agreement, like the suggested

International Bill of Human Rights, and should perhaps lead to a solution like as the European

“margin of appreciation”.

24 Boyd, J. Kirk. 2048. Humanity’s Agreement to Live Together. Page 104.25 The African Charter on Human and Peoples’ Rights. Available at: http://74.220.219.58/~drafting/african_conv26 The Arab Charter on Human Rights. Available at: http://74.220.219.58/~drafting/draft_arab_conv27 Asia - Miscellaneous, Asian Human Rights Charter, 17 May 1998, available at: http://www.unhcr.org/refworld/docid/452678304.html [accessed 1 August 2010]

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The International Bill of Human Rights

Article 24 of the International Bill of Human Rights covers the rights and requirements of

marriage.

“People of full age have the right to marry and to found a family. Men and women are entitled to equal rights at marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses.”28

The suggested International Bill of Rights does not provide any stronger language or any

different language on the subject of marriage or forced marriage, from that in the Universal

Declaration of Human Rights adopted in 1948. The major difference between the Universal

Declaration of Human Rights and the International Bill of Rights is that the latter would be

universally enforceable in courts everywhere in the world, and thus putting an end to anyone

legally being forced into a marriage without their consent. The language currently in the draft

document would allow anyone who has been forced into a marriage to sue in court to have the

marriage invalidated, since it would be a violation of human rights.

Even the suggested draft for the International Bill of Human Rights would have trouble

overcoming the power that family ties hold over a person. This is an issue in the implementation

of a ban on forced marriages, and especially a ban on arranged marriages. “The rule of law also

creates freedom from fear by establishing a process, a system of law, so that no person, or nation,

with the biggest club can bully the others.”29 But breaking the sway of family bonds on an

individual is very difficult to do with the rule of law.

To ensure “the free and full consent of the intending spouses” it would perhaps be

necessary to violate the right to privacy, which is also ensured by the International Bill of Human

28 The International Bill of Human Rights, article 24. Available at: http://74.220.219.58/~drafting/draft_conv29 Boyd, J. Kirk. 2048. Humanity’s Agreement to Live Together. Page 96.

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Rights. Article 27 declares a right to privacy, which provides that it is a human right to live

without unnecessary interference by the government.

Everyone shall have the right to privacy in his or her home, hotel room, vehicle, or vessel and to have interpersonal relations as they choose. This right includes all communications between people, in public or private that they intend to keep confidential. Eavesdropping is forbidden without a court order as part of a criminal investigation. Such order shall only be issued upon evidence submitted in writing to the judge issuing the order.30

Article 27 also provides that everyone has the right to “have interpersonal relations as they

choose,” which could be interpreted to protect the right to participate in arranged marriage,

particularly in those cultures where arranged marriages are common and viewed as a natural part

of the union of marriage. For those raised with those values, being denied the right to find a

spouse in the way that is common in their culture would be an invasion of privacy.

Arranged marriages could also be seen as a form of slavery. The Supplementary

Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to

Slavery of 1956 forbids, “Any institution or practice whereby: A woman, without the right to

refuse, is promised or given in marriage on payment of a consideration in money or in kind to

her parents, guardian, family or any other person or group.”31 Whether arranged marriages are a

form of slavery return to the definition of arranged marriage. If a person cannot refuse a

marriage, it will fall into the category of slavery, which is banned in article 21 of the

International Bill of Human Rights concerning the right to life, personal freedom, and security.

“Slavery or indentured servitude is abolished.”32

The rights set forth in article 21, 24 and 27 must in this case be measured against each

other, since they all cannot be equally realized at the same time. If arranged marriages are a

violation of both the right to marry with free and full consent and the article abolishing slavery,

30 The International Bill of Human Rights, article 27. Available at: http://74.220.219.58/~drafting/draft_conv31 Weissbrodt, David & de la Vega, Connie. International Human Rights Law. An Introduction. Page 4432 The International Bill of Human Rights, article 21. Available at: http://74.220.219.58/~drafting/draft_conv

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these rights combined may weigh more heavily than the concern to protect the right to privacy.

But since arranged marriages are more common in some cultures than in other, setting the right

to avoid arranged marriages over the right to privacy may lead to heightened scrutiny against

people from those cultures, stigmatizing them in the society. This would again violate article 6,

which affirms the right to equal protection under the law.33

Changing the Language

The question of whether the language of the International Bill of Human Rights should be

stronger to actively ban arranged marriage is difficult. If the language is stronger, without

allowing the countries to reserve themselves from certain articles, it may cause some countries

not to sign.

I believe that the best way to ensure universal participation, while still banning forced

marriages, is to leave the language in the draft as it is, and to allow for a “margin of

appreciation” as has been done in Europe. But at the same time, the court responsible for

ensuring compliance with the International Bill of Human Rights must be careful to not let the

margin of appreciation get to wide, and to still keep the rights as universal. “Some claim that the

creation of genuinely enforceable human rights for all people “everywhere in the world” is

cultural imperialism.”34 While universal human rights for everyone, everywhere in the world are

not an example of cultural imperialism, the demand that all cultures should follow the Western

idea of never marrying for any other reason than love, might be viewed as cultural imperialism.

This is why allowing arranged marriages, where both intended spouses can say no, combined

with a document enforceable in all courts around the world so that any forced marriages can be

rectified, is the best way to balance the different rights and cultural views.

33 The International Bill of Human Rights, article 6. Available at: http://74.220.219.58/~drafting/draft_conv34 Boyd, J. Kirk. 2048. Humanity’s Agreement to Live Together. page 111.

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Conclusion

While I, as a Western European, do not properly understand the tradition of arranged marriages,

many places in the world it is common. One of my friends, who is a Bengali girl, once asked me

why I was against arranged marriage, and she attempted to explain why she supported it. Her

reasoning for accepting arranged marriage, and expecting her parents to at least participate in

finding her spouse, was that since her parents knew her better than anyone, they would be the

best to help her find a husband.

Arranged marriage is a part of many cultures, and it will probably never be possible to

fully ban the practice. What can be done is to protect the rights of the intending spouses as much

as possible, which is done through the current suggestion of the International Bill of Human

Rights.

The duty set forth for every marriage to have free and full consent from both of the

intending spouses will always raise the question as to whether both of the intending spouses

really have the right to protest and the right to say no. Both the culture people are raised with and

the family environment they live in influence their views of arranged marriage.

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arranged marriage

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