Urgency & consequences

The right to marry is a fundamental human right. So is the right to divorce and remarry. Marital captivity is forced marriage: it forces women to stay in a marriage they don’t want to be in. A woman’s rights to marry, divorce and remarry are enshrined in:

ECHR: Art. 8 and 12
CEDAW: Art. 16
Istanbul Convention: Art. 37

Marital captivity is a form of violence against women. It leaves victims vulnerable to extortion, manipulation and abuse. It has serious consequences that heavily impact the lives of victims, including, but not limited to:

She is unable to start new relationships or remarry, facing exclusion and stigmatization from her community.
Her husband can claim her day and night, as a wife’s marital obedience is the norm in patriarchal communities.
She can be prosecuted for bigamy and adultery in her country of origin if she enters a new relationship.
In countries where women fall under male guardianship, they are not allowed to travel without their husband’s permission nor renew her passport, preventing them from visiting family and loved ones.

"[...] 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: [...] the same rights and responsibilities during marriage and at its dissolution." - CEDAW, Art. 16

"Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of forcing an adult or a child to enter into a marriage is criminalised." - Istanbul Convention, Art. 37

"Everyone has the right to respect for his private and family
life, his home and his correspondence." - ECHR, Art. 8.1.

"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."- ECHR, Art. 12