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Provisions related to forced marriage in Iceland are found in the 1993 Law in respect of marriage, which addresses inducing a spouse to marry by misrepresentation, by withholding relevant information, or through duress at Article 28.
There appears to be no legislation in Iceland that requires consent to marriage. However, article 28(4) of the Law No 31 of 1993 recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.
There appears to be no legislation in Iceland that prohibits servile matrimonial transactions.
There appears to be no legislation in Iceland that prohibits marriage trafficking.
The minimum age for marriage in Iceland is 18, without differentiation by gender, as set out on Article 7 of the Law in respect of marriage. Where marriages are conducted involving a person below the minimum age, the marriage is annullable, as set out on Article 28 of the Law in respect of marriage. However, marriages below this age are permitted with the authorization of the Ministry of Justice, as set out on Article 7 of the Law in respect of marriage. These exceptions are not differentiated by gender.
Western Europe and Others
European Court of Human Rights
Civil
Article 21
The President of the Republic concludes treaties with other States. Unless approved by Althingi, he may not make such treaties if they entail renouncement of, or servitude on, territory or territorial waters, or if they require changes in the State system.
Article 66
Every person lawfully residing in Iceland shall be free to choose his residence and shall enjoy freedom of travel subject to any limitations laid down by law.
Article 67
No one may be deprived of his liberty except as permitted by law.
Any person deprived of his liberty without valid reason shall have a right to compensation.
Article 68
No one may be subjected to torture or any other inhuman or degrading treatment or punishment.
No one shall be required to perform compulsory labour.
Article 75
Everyone is free to pursue the occupation of his choosing. This right may however be restricted by law, if such restriction is required with regard to the public interest.
The right of people to negotiate terms of employment and other labour-related matters shall be regulated by law.
Constitution of the Republic of Iceland 1944 (amendments through 2013) (PDF)
Art. 225
In case a person force another one to do, suffer or omit something by exerting physical violence or threatening to expose himself/herself or his/her next-of-kin to physical violence or the deprivation of freedom or by presenting a false accusation of
him/her or his/her next-of-kin having committed punishable or dishonourable conduct or another such accusation, although this be true and if the compulsion is insufficiently justified on account of the matter at which the threat is aimed or finally by threatening him/her to cause considerable damage or destruction to his/her property, this is subject to fines or imprisonment for up to 2 years.
Art. 226
Anyone depriving another person of his/her freedom shall be subject to imprisonment for up to 4 years.
In case the deprivation of freedom has been committed for the purpose of gain or been of extended duration and also if a person has without authority been admitted to a lunatic asylum, removed to other countries or handed over to people who are not entitled thereto, penalty of imprisonment shall be applied for no less than 1 year and up to 16 years or for life.
Art. 227 a.
Anyone convicted of the following acts, one or more, for the
purpose of sexually using a person or for forced labour or to remove his/her organs shall be punished for human trafficking by up to 12 years’ imprisonment:
The same penalty shall be applied to a person accepting payment or other gain under indent 3 of the first paragraph.
If a violation under the first paragraph is committed against a child, this shall be considered as an aggravating factor when deciding the severity of the punishment.
The same penalty shall be applied to anyone convicted of the following acts, one or more, for the purpose of facilitating human trafficking:
3. Retaining, removing, damaging or destroying the travel or identity documents of another individual.
General Penal Code no.19, February 12, 1940. 1 March 2004 (PDF)
Article 7
A man and a woman may marry when they have both attained the age of 18 years. The Ministry of Justice may permit the marriage of younger persons.
Article 28
Either spouse may claim annulment of his or her marriage:
Action for annulment cannot be brought after six months have passed since the condition described under (1) above abated, since the claimant obtained knowledge of the cause for annulment under (2) or (3) above, or since duress under (4) above ceased. In any case such action cannot be brought when three years have elapsed from the celebration of marriage.
Art. 225
In case a person force another one to do, suffer or omit something by exerting physical violence or threatening to expose himself/herself or his/her next-of-kin to physical violence or the deprivation of freedom or by presenting a false accusation of
him/her or his/her next-of-kin having committed punishable or dishonourable conduct or another such accusation, although this be true and if the compulsion is insufficiently justified on account of the matter at which the threat is aimed or finally by threatening him/her to cause considerable damage or destruction to his/her property, this is subject to fines or imprisonment for up to 2 years.
Article 1
This Law shall apply to the union of one man and one woman in matrimony. It shall not apply to cohabitation of unmarried persons.
Article 7
A man and a woman may marry when they have both attained the age of 18 years. The Ministry of Justice may permit the marriage of younger persons.
Article 8
A person deprived of legal competence can not enter into marriage without the guardian’s approval. In case such approval is denied the matter may be referred to the Ministry of Justice, which may permit the marriage if it deems that the denial is unwarranted.
Article 28
Either spouse may claim annulment of his or her marriage:
1. If the claimant was not in command of his or her reason at the time the union was proclaimed, or if his or her condition was in other respects such that the marriage could not be validly covenanted under law;
2. if the claimant was married to a person other than he or she had engaged to marry, or if the claimant had married without his or her intention;
3. if the other spouse had induced the claimant to marry by misrepresentation, or by keeping silent about facts of his or her life that would have deterred the claimant from the marriage had they been known;
4. if the claimant was married under duress.
Action for annulment cannot be brought after six months have passed since the condition described under (1) above abated, since the claimant obtained knowledge of the cause for annulment under (2) or (3) above, or since duress under (4) above ceased. In any case, such action cannot be brought when three years have elapsed from the celebration of marriage.
Article 29
Subject to statute provisions providing for other effects, annulment of marriage shall have the same effect as divorce.