Violent traditions

• Preventing the independence of young people
• Putting pressure on marriage and socialising
• An absolute requirement of chastity
• Forced marriage
• Violence and control in a relationship
• Fear of community persecution after separation
• Isolation from the community
• Damage to the reputation
• Female genital mutilation (FGM)
• Non-medical male circumcision
• Many other forms of mental, physical, economic, and sexual violence.

Honour-based violence violates individuals' fundamental rights and dignity. It is a form of violence rooted in cultural or traditional beliefs, where individuals, primarily women, face harm or even death for perceived violations of honour or cultural norms.

Various abusive practices, including forced marriages, female genital mutilation, and physical or psychological abuse, characterise honour-based violence. It usually involves control, coercion, and other mental, physical, sexual, or religious violent acts perpetrated by family or community members.

Underlying this is the idea that the person subjected to violence has violated the community standards of conduct or suspicion of this. Through acts of violence, perpetrators think they are protecting or restoring their and the family’s honour, so others perceive them as a reputable family.

In general, forced marriage is arranged without the consent of both parties or when one or both parties cannot have their say in the marriage. A forced marriage differs from an arranged marriage, where there is the consent of both parties in a marital union. Child marriage is considered a forced marriage.

A person may be pressured or forced into a marriage with various coercive circumstances such as blackmail, threats, violence, or exploitation based on their vulnerable status as a minor, dependence on the community, or disability. Refusing a forced marriage can result in severe consequences such as abandonment by the family or community, experiencing honour-based abuse, or even facing the threat of death.

It's important to note that forced marriages are not always solely driven by pressure from the family or cultural factors. In certain situations, individuals may be compelled to marry a third-country citizen to secure a residence permit for that person.

German legislation related to forced marriage

Forced marriage is prohibited in Germany. This results from Section 237 (1) of the Criminal Code (StGB).

Pursuant to Section 237 (2) of the Criminal Code, persons who arrange a forced marriage abroad by force, threat or trickery are punished. Attempts are also punishable. According to Section 237 (4), a prison sentence of up to three years or a fine may be imposed in less serious cases.

Other criminal offences can also be prosecuted in connection with a forced marriage. These include, for example, rape, human trafficking and abduction.

Victims of forced marriage abroad who are prevented from returning to Germany may have a right of return in accordance with Section 37 (2a) of the Residence Act. This is granted if it can be assumed that the person concerned will integrate in Germany on the basis of their education and previous living conditions.

Before you can get married in Germany, the registry office checks your eligibility to marry. This includes, among other things, the age of marriage, which is 18. In exceptional cases and with the permission of the legal guardian or the court, it was possible to marry at the age of 16 until mid-2017. Since July 2017, an amendment to the law intended to prevent child marriages now stipulates that marriage is only possible at the age of 18 at the earliest. This means that child marriages cannot be legally concluded in Germany.

German law is applied to everyone staying in Germany

In some cases, asylum seekers originate from countries where child marriage is prevalent.

The main new regulation of the law to combat child marriages means that if one partner is under 16 years of age, marriages concluded abroad are automatically invalid. For 16 to 18-year-olds, the marriage can be cancelled by a court.

The Federal Constitutional Court has declared the law to combat child marriages unconstitutional. However, the judges expressly clarified that a ban on child marriages is possible, especially to protect underage girls. To this end, the legislator may also declare marriages for under 16-year-olds invalid across the board. And a case-by-case examination is not necessarily required.

However, the 2017 Prohibition Act did not regulate the consequences of an invalid child marriage. If the marriage is invalid, the social protection of the underage partner must still be guaranteed.

The court ruled that politicians must re-regulate child marriage in line with the constitution by June 2024. Until then, the blanket ban on child marriage will remain in place. Child marriages with partners under the age of 16 are invalid.

To ensure that minors are still socially protected, divorce law applies to them with immediate effect. This means that underage partners in an invalid child marriage may be entitled to maintenance payments.

The protection of personal integrity includes the right to determine oneself and one's body. FGM is an abbreviation of female genital mutilation, i.e. the mutilation of girls and women’s genitals (sometimes you also see the term female circumcision).

It is a harmful, even life-threatening, practice of mutilating, cutting and sewing up the genitals for no medical reason. Different beliefs are behind it, e.g., those related to femininity, hygiene, chastity, honour, and social cohesion. No religion calls for the genital mutilation of girls and women, although it is often done in the name of religion.

Mutilation is a punishable crime in Germany

Female genital mutilation is a punishable offence in Germany under Section 226a of the German Criminal Code. The EU directive on the protection against violence - currently under negotiation - will also make female genital mutilation an EU-wide criminal offence. Female genital mutilation is a serious violation of human rights.

Mutilation has consequences for physical and mental health, and depending on its extent, it can cause various acute and long-term pain conditions, inflammation, bleeding, urination and defecation problems. Extreme pain from the consequences of FGM and being forced to undergo the procedure usually causes trauma.

A mutilated person can undergo opening or repair surgery to restore the genitals to their normal anatomy. The doctor first assesses the patient; possibly, after this, the patient can be referred for corrective surgery.

Virginity is a cultural, social and religious construct, meaning a condition of a person who has not had sexual intercourse. The hymen is a thin mucosal tissue surrounding and partially covering the vaginal opening, which is believed to “break” during first sexual intercourse.

A virginity test, also known as “a two-finger test”, “hymen examination”, and “per vaginal examination”, is a gynaecological test done on females to determine if they are virgins. Due to the natural differences or lack of hymen, this test is unscientific, and its use is morally and ethically questionable. Testing does not tell anything about virginity or sexual history, yet it is still practised in many countries. There might be pressure to prove virginity in communities which require virginity before marriage and even a life-threatening risk if failed to do so.

Virginity testing is considered a serious violation of human rights. It's against international human rights agreements, such as the UN Universal Declaration of Human Rights and the Cedaw Agreement on women's rights (Convention on the Elimination of All Forms of Discrimination Against Women).

Non-medical circumcision refers to a procedure carried out based on religious or cultural grounds involving surgical removal of the foreskin. Circumcision exposes the person to complications.

Non-medical male circumcision in Germany

The Circumcision Act passed on 12 December 2012 applies to boys for whom circumcision is not necessary for medical reasons and who are too young to consent to the procedure themselves. In this case, the parents have the right to decide. As religious circumcision is often performed in the first weeks and months of life, the decision almost always lies with the parents. However, the Circumcision Act does not apply to girls: Female circumcision is still prohibited because the negative consequences for health and sexuality are too great.

According to the law, both doctors and religious circumcisers are authorised to perform the procedure. However, a religious circumciser is only authorised to do so if he fulfils two conditions: Firstly, he must be specially trained. Secondly, they may only circumcise infants who are no older than six months. Only if these conditions are met is the religious circumciser treated in the same way as a doctor.

The welfare of the child is ensured by the fact that circumcision is subject to certain conditions. For example, the circumcision must be performed "in accordance with the rules of medical practice". On the one hand, this means that the circumcision must be performed by a specialist.

Secondly, the phrase "in accordance with the rules of medical practice" means that the child should experience as little pain as possible during the circumcision. This means that a child is given an anaesthetic in individual cases. In addition, the parents must be informed of all possible risks before the procedure. However, the following generally applies: if the child's well-being is at risk, circumcision is prohibited. This may be the case, for example, if the child is ill.

The German government bases the Circumcision Act on the parents' right of custody as set out in the Basic Law. According to this, parents are allowed to raise their children "in principle free from state intervention according to their own ideas" and teach them religious beliefs. Parents are therefore permitted to have their child circumcised, even if this is not medically necessary.