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Grenada
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Grenada are found in the Criminal Code, which addresses compulsion of marriage, by duress, at Article 191, with a potential penalty of imprisonment for two years. Article 189 also addresses forcibly taking away or detaining a female of any age, with intent to marry or cause her to be married, with a potential penalty of imprisonment for ten years. Article 199 also addresses abducting a female, with the intent to cause her to be married. Article 421 addresses going through the ceremony of marriage, knowing that the marriage is void on any ground, while the other person believes it to be valid, with a potential imprisonment for seven years.
Consent to marriage
There appears to be no legislation in Grenada that requires consent to marriage. However, section 191 of the criminal code recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.
Servile marriage
There appears to be no legislation in Grenada that prohibits servile matrimonial transactions.
Marriage trafficking
Although legislation in Grenada does not prohibit marriage trafficking as such, it does prohibit detaining of women for marriage under Section 189 of the Criminal Code, with a potential penalty of imprisonment for ten years. Abduction of women for marriage is prohibited under Section 199 of Criminal Code.
Minimum age for marriage
The minimum age for marriage in Grenada is 18, without differentiation by gender, as set out on Article 4 of the 2011 Age of Civil Legal Responsibility Act and Article 20 of the Marriage Act. However, marriages below this age are be permitted in exceptional cases and with written parental consent, as set out on Article 20 of the Marriage Act. These exceptions are not differentiated by gender.
Region
Latin America and Caribbean
Regional Court
Inter-American Court of Human Rights
Legal System
Common
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Consent to marriage
- Marriage Practices Similar to Slavery
- Marriage Trafficking
Regional Organisations
- Inter-American Court of Human Rights
- Commonwealth
- Caribbean Community
- Organisation of American States
Legislative Provisions
THE GRENADA CONSTITUTION ORDER 1973 (REINST. 1991, REV. 1992)
Whereas the people of Grenada-
(c) firmly believe in the dignity of human values and that all men are endowed by the Creator with equal and inalienable rights, reason, and conscience ; that rights and duties are correlatives in every social and political activity of man ; and that while rights exalt individual freedom, duties express the dignity of that freedom;
(e) reiterate that the ideal of free men enjoying freedom from fear and want can be best achieved if conditions are created whereby everyone may enjoy his economic, social and political, civil and cultural rights ;
Article 1. Fundamental rights and freedoms
Whereas every person in Grenada is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a. life, liberty, security of the person and the protection of the law;
d. the right to work,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in these provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
Article 3. Protection of right to personal liberty
1. No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:-
Article 4. Protection from slavery and forced labour
1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression “forced labour” does not include-
a.any labour required in consequence of the sentence or order of court;
b.labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
c.any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
d.any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.
Article 5. Protection from inhuman treatment
- No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
- Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Grenada immediately before the coming into operation of this Constitution.
Article 12. Protection of freedom of movement
1. No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Grenada, the right to reside in any part of Grenada, the right to enter Grenada, the right to leave Grenada and immunity from expulsion from Grenada.
CRIMINAL CODE
Article 188. Procuration
Whoever
(a) procures any female under twenty-one years of age to have unlawful carnal connection, either within or without Her Majesty’s Dominions, with any other person;
(b) procures any female to become, either within or without Her Majesty’s Dominions, a common prostitute;
(c) Procures any female to leave this State, with intent that she may become an inmate of a brothel elsewhere;
(d) Procures any female to leave her usual place of abode in this State with intent that she may, for the purposes of prostitution, become an inmate of a brothel, either within or without Her Majesty’s Dominions,
Shall be liable to imprisonment for two years.
Article 189. Forcible taking or detaining of a female with intent
Whoever by force takes away or detains against her will any female of any age, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall be liable to imprisonment for ten years.
Article 191. Compulsion of marriage
Whoever by duress causes any person to marry against his or her will, shall be liable to imprisonment for two years.
PREVENTION OF TRAFFICKING IN PERSONS ACT 2014
CRIMINAL CODE
Kidnapping, abduction AND SIMILAR OFFENCES
Article 189. Forcible taking or detaining of a female with intent
Whoever by force takes away or detains against her will any female of any age, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall be liable to imprisonment for ten years.
Article 191. Compulsion of marriage
Whoever by duress causes any person to marry against his or her will, shall be liable to imprisonment for two years.
DEFINITIONS AND SPECIAL PROVISIONS
Article 196
If a female is compelled to marry another person by such duress as avoids the marriage or makes it voidable, the marriage is of no effect for the purpose of Book I. of this Code with respect to consent.
Article 199
1) A person is guilty of abduction of a female who, with intent to deprive of the possession or control of the female any person entitled thereto, or with intent to cause her to be married to, or carnally known by, any person a unlawfully take, her from the lawful possession. care or charge of any person or
b detains her from returning to the lawful possession, care or charge of any person.
2) The possession, control, care or charge of a female by a parent. guardian or other person shall be held to continue. notwithstanding that the female is absent from his actual possession. control, care Of charge, if the absence is for a special purpose only, and is not intended by the parent. guardian or other person to exclude or determine such possession, control, care or charge for the time being; but a person is not guilty of abduction by taking or detaining a female unless he knew, or had grounds for believing that she was in the possession, control, care, charge of some other person.
TITLE XXVIJI Bigamy and similar OFFENCES
Article 421
Whoever goes through the ceremony of marriage, or any ceremony which he or she represents to be a ceremony of marriage. knowing (hat the marriage is void on any ground, and that the other person believes it to be valid, shall be liable to imprisonment for seven years.
Article 423
Whoever perform or witnesses as a marriage officer the ceremony of marriage. knowing that he is not duly qualified so to do, or that any of the matters required by law for the validity of the marriage has not happened or been performed, so that the marriage is void or unlawful on any ground, shall be liable to imprisonment for seven years.
Article 424
Whoever in any declaration, certificate, licence, document, or statement required by law to be made or issued for the purposes of a marriage, declares, enters, certifies, or states any material matter which is false, shall, if he does so without having taken reasonable means to ascertain the truth or falsity of the matter, be liable to imprisonment for one year, or shall, if he does so knowing that the matter is false, be liable to imprisonment for five years.
Article 425
Whoever endeavours to prevent a marriage by pretence that his consent thereto is required by law, or that any person whose consent is so required does not consent, or that there is any legal impediment to the performing of the marriage, shall, if he does so knowing that such pretence is false or without having reason to believe that it is true, be liable to imprisonment for two years.
AGE OF CIVIL LEGAL RESPONSIBILITY ACT 2011
Article 4
Without prejudice to the generality of section 3, a person who attains the age of eighteen years shall lawfully, without the consent of his parent(s) or guardian(s), or the permission or leave of a Court, do as follows–
…
(g) enter into marriage.