Child Bride practice amongst the Roma Population in Greece: The
Greek Response to Child Bride Practice.
Maria Froxylia
ANR: 561591
Master Thesis, August 2014
Victimology and Criminal Justice
Tilburg Law School
Tilburg University
Thesis supervisors
Dr. S. van der Aa
Drs. P. Okur
1
“I alone cannot change the world, but I can cast a stone across the waters to
create many ripples.”
― Mother Teresa
2
Summary
Child bride practice around the world is one of the main human rights violation
against children. The problem with child bride practice is, that it disproportionately
affects young girls, who are much more likely to be married as children than young boys.
This practice mostly dominates the countries of the developing world but it can also be
found among minorities interspersed in the developed world. Such a minority is the
Roma community in Greece, which is confronted with social exclusion and racism. This
thesis focuses on the Roma population in Greece and the implementation of local laws
that protect children from child marriage.
The reason why the Roma population in Greece was chosen was because Greece
is a European country, obliged to implement International and European legislation
regarding human rights. Also, an early marriage can cause devastating consequences for
the Greek Roma girls who experience it due to specific factors, as well.
The research question is the following: Does the Greek legislation and policy
provide sufficient protection for child brides when it comes to the Roma population girls?
With regard to the Greek legislation on early marriages, it has been observed that
it presents some gaps and flaws in a few points due to the existence of a loose legal
framework in different provisions regarding the Civil-Family law, the Penal law and the
Islamic law. That implies that the Greek legislation does not address the early marriage
issue directly. Concerning the Greek policy, the Greek government is willing to adopt
plans and indeed it promotes programs in order to confront the Roma‟s problems.
Nonetheless, all these efforts and the Greek policy have a more theoretical dimension; in
practice, the Greek government seems to be unorganized and does not include the
definition and the direct solution of early marriage or child bride problem in their plans.
For the above reasons and in order to find a solution as a response to this problem, I
suggested some recommendations. Firstly, education of Roma children and parents could
play an important role in the reduction of child bride practice. Secondly, financial
incentives could also contribute to this end, while changes should be considered
necessary regarding the Greek legislation.
3
Preface
This thesis is submitted in partial fulfillment of the requirements for a Master's
Degree in Victimology and Criminal Justice. It contains work done from April to August
2014.
Writing this thesis has been hard but in the process of writing, I feel I have
learned a lot regarding this specific and sensitive topic. I have dealt with a lot of subjects,
in an attempt to give this thesis a broad perspective on child bride and ways of solution of
the problem.
I would like to thank my supervisors, Dr. S. van der Aa and Drs. P. Okur for lots
of ideas, comments and guidance. They gave me detailed instructions on my project and
many useful tips in order to fulfill my thesis.
Thanks also the NGO‟s (Arsis and Oikokoinonia) for their assistance on my data
collection.
Finally, lots of thanks to Maria Vaiou for expertly proof-reading this thesis and
turning my attempts at the English language into readable prose. Hopefully she has
revised all the serious errors.
Maria Froxylia, August 2014
4
Contents
Chapter 1: Introduction ....................................................................................................... 8
1.1.
Early and forced marriages ........................................................................................ 10
1.2 Problem definition ............................................................................................................ 12
1.3 Research question ............................................................................................................. 12
1.4 Sub-questions .................................................................................................................... 12
1.5 Methodology ..................................................................................................................... 13
1.5.1 Literature research ............................................................................................ 13
1.5.2 Interviews ......................................................................................................... 13
1.6 Chapter outline ................................................................................................................. 15
Chapter 2: Child Bride ...................................................................................................... 16
Introduction ............................................................................................................................. 16
2.1 Global prevalence of child bride practice ..................................................................... 16
2.2 Child bride as a global traditional practice ................................................................... 17
2.3 Causes of child bride practice ......................................................................................... 18
2.4 Consequences.................................................................................................................... 21
Conclusion ............................................................................................................................... 23
Chapter 3: The Roma in Greece........................................................................................ 25
Introduction ............................................................................................................................. 25
3.1 The Roma history ............................................................................................................. 25
3.2 The Greek Roma in numbers .......................................................................................... 26
3.3 The Greek Roma culture ................................................................................................. 27
3.4 The Greek Roma‟s socioeconomic status ..................................................................... 28
3.5 The educational level of the Roma ................................................................................ 29
3.6 The Roma and social exclusion ...................................................................................... 29
5
3.7 Roma‟s family status ....................................................................................................... 30
3.8 Marriage among Roma community ............................................................................... 31
3.9 Consequences of early marriage..................................................................................... 33
3.10 Interview results ............................................................................................................. 34
Conclusion ............................................................................................................................... 35
Chapter 4: Greek Legislation and Policy concerning Early Marriages ............................ 36
Introduction ............................................................................................................................. 36
4.1 The Constitution of Greece ............................................................................................. 36
4.2 Civil Code (C. C.) ............................................................................................................ 38
4.2.1 Marriageable age .............................................................................................. 38
4.2.2 The act of marriage ........................................................................................... 40
4.2.3 Types of marriage with flaws ........................................................................... 41
4.2.4 Remedying avoid or voidable marriage............................................................ 42
4.2.5. Religious marriage ........................................................................................... 43
4.3. The aplication of the Muslim law in Greece ..................................................... 43
4.4 Penal Code ........................................................................................................................ 45
4.5 Public policy aiming to counter child bride practice ................................................... 46
4.6 Civil society organisations .............................................................................................. 49
4.7 Results of interviews ........................................................................................................ 49
Conclusion ............................................................................................................................... 50
Chapter 5: Conclusion....................................................................................................... 52
5.1 Greek legislation and policy on child marriages .......................................................... 53
5.2 Recommendations for the prevention of the early marriages ..................................... 54
5.3 Thesis limitations ............................................................................................................. 58
English References ................................................................................................................. 59
6
Greek References .................................................................................................................... 63
Legal instruments .................................................................................................................... 66
7
Chapter 1: Introduction
There are many violations concerning children around the world, which destroy
their life, limit their opportunities and cause adverse effects, depriving them of basic
human rights and liberties. A common case of such a violation is the child bride practice,
which still exists to a significant extent, especially in areas characterized by high rates of
poverty.1
In most societies wedding is one of the most important and determinant events of
people‟s life signaling both significant and radical changes.2Wedding does not only take
place among adults. Depending on the region, the culture, the ethics and the customs,
minors are being wed as well. Child marriage is defined as a formal marriage or as an
informal union before the age of 18 and the overwhelming majority affected by this
practice are girls3due to the importance placed upon their virginity.4 Parents want to
control girls‟ sexuality and as a result they try to marry them earlier.The “custom” of
child bride is widespread in parts of the world. It mostly dominates the countries of the
developing world but it can also be found among minorities interspersed in the developed
world.5 Such a minority is the Roma community in Greece.
UNICEF reports that more than 60 million children worldwide are affected by
child marriage6 and it is common in Sub-Saharan Africa and Southern Asia.7 Child
marriage also takes place after puberty among some groups in Asia, the Middle East, and
North Africa, while in parts of Western and Eastern Africa, and Southern Asia some girls
marry before puberty.8
Birech,9marks that the main factor contributing to the existence of this practice is
the traditional and cultural context.. According to the International Women‟s Health
1
Jensen & Thornton (2003), p. 9-17.
Jensen & Thornton (2003),p. 9-17.
3
United Nations Population Fund (UNFPA), (2012).
4
United Nations Population Fund (UNFPA), (2012).
5
Jensen & Thornton (2003), p. 9-17.
6
UNICEF, (2005).
7
Jensen & Thornton (2003), p. 9-17.
8
Jensen & Thornton (2003), p. 9-17.
9
Birech, (2013), p. 97-102.
2
8
Coalition parents, who allow their underage children to marry, act most of the times in
conformity with their culture, tradition and religion. For example, in North Nigeria and
the other states where the Sharia law is implemented there is one of the highest rates of
early marriages.10 Another important factor contributing to this tradition is the girls‟
virginity, as Fernandes11 mentions.
With regard to some of the consequences of child marriage, the disruption of
school is a dire consequence, which automatically degrades the woman‟s position,
placing her in the margin with low social and educational status.12 Another negative
consequence of the early marriage and the unprotected vaginal intercourse, which
influences children‟s health, is the HIV risk and other sexually transmitted diseases. 13
Concerning the child bride prevalence, it is observed according to UNFPA that in
the developing World one in three girls gets married before 18 and one in nine before 15,
while if this practice continues within the next decade, 142 million women will fall prey
to child bride practice.
This thesis focuses on child bride practice among the Roma community in Greece
Although I will study the custom of early marriages as a global practice in general, I will
mainly concentrate on the Greek -Roma population and describe their life based on this
phenomenon. Furthermore, this research presents and analyzes the Greek legislation
relating to child marriages and examines whether its provisions are protective and
whether there are legislative gaps that should be reformed. Finally, it studies whether the
Greek government implements protective policy measures and strategies in order to
diminish this custom and suggests different ways that would contribute towards this
direction.
The 1979 Convention on the Elimination of All Forms of Discrimination Against
Women, 14 and the 1990 African Charter on the Rights and Welfare of the Child provide
10
Spencer, (2014). http://www.jihadwatch.org/2014/04/nigeria-muslim-child-bride-forced-into-marriagepoisons-husband.
11
Fernandes, (2014). http://timesofindia.indiatimes.com/toireporter/author-Rachel-Fernandes.cms.
12
Menken , (1972), p. 46-51.
13
International Center for Research on Women (ICRC), (2007).
14
Convention on the Elimination of All Forms of Discrimination against Women, (1979).
9
a minimum age for marriage of 18 years,15 in combination with the definition of
childhood in the Convention on the Rights of the Child.16 More precisely, child marriage
for the purpose of this thesis includes any marriage of a child younger than eighteen years
old, in accordance with article 1 of the Convention on the Rights of the child.
1.1. Early and forced marriages
Last but not least, for the purpose of my study on child bride practice, I should
refer to the distinction between early marriage and forced marriage. According to the
United Nations, forced marriage describes a marriage that takes place without the free or
valid consent of one or both of the partners and involves either physical or emotional
duress. 17 Early marriage is interrelated to forced marriage because minors are incapable
of giving informed consent.
Forced and early marriages are serious human rights violations18 Early marriages
are in most cases a form of forced marriage, due to the lack of bride‟s consent. However,
even if the child gives his/her consent, the fact that he/she is not yet mature enough
makes it difficult to reach a valid conclusion with regard to whether he/she consented to
the marriage or not.
What is more, Parrot and Cummings equate early marriage with forced marriage,
given that it is characterized by lack of maturity among children and lack of knowledge
or understanding of the notion of marital relationships that imply specific consequences
and a more precise lifestyle.19 Additionally, the authors make it clear that forced
marriages differ from arranged marriages by explaining that the first includes coercion,
threats, mental and emotional abuse or brainwashing through strong social pressure,
while the second form of marriage includes the agreement among all the parts (families
and spouses) taking into account the consent of the children as well.20
15
African Charter on the Rights and Welfare of the Child, (1990).
Convention on the Rights of the Child, (1989).
17
United Nations, (2009).
18
Nawal, (2009), p. 52-54.
19
Parrot and Cummings, (2008).
20
Parrot and Cummings, (2008).
16
10
The above violations are the result of forced marriage, which denies the free
decision of girls regarding the independent choice of their future husband.21 It
undermines the woman as a human being by rendering her inferior and a pawn in the
hands of men. It excludes women‟s decision-making and makes them depend on their
husbands‟ mood. Moreover, men have the total control over their wives while forced
marriage emphasizes the gender-based inequality as well.22 Also, it disregards woman‟s
personality, needs and desires and the most important is that it slides over her consent and
her human rights.23
For this reason, early marriage can be equated with forced marriage, as a form of
forced marriage, when the bride‟s consent and personal opinion are not taken into
consideration.24 Additionally, it constitutes forced marriage even though there is proof of
her consent because it may be the result of cultural brainwashing and indoctrination. On
the one hand, it is difficult to distinguish whether there really is the bride‟s consent and
choice or whether it is the impact of this indoctrination. On the other hand, even if the
bride consents, it is not sufficient to base marriage on a child‟s choice and decision
characterized by lack of knowledge regarding life and precisely married life, lack of
maturity and responsibility.
Poverty also contributes to the creation and maintenance of early marriage.. With
the act of marriage the parents of the bride hope for a better future for their child, or in
the very least, no more financial costs for the maintenance of their family. 25
Of course, as an exception, there are few cases when early marriage is the result
of love between the underage bride and her husband, although I shall not focus on those
cases. Finally, even if we accept love and early marriage as its result, it does not mean
that there are no negative consequences within the marriage for the women who got
married at an early age regarding their life and their future opportunities. To conclude,
under any circumstances, early marriage entails negative impacts on children‟s life. For
21
Otoo-Oyortey & Pobi,(2003), p. 42-47.
Otoo-Oyortey & Pobi,(2003), p. 42-47.
23
United Nations- Nations Unies, (2009).
24
United Nations- Nations Unies, (2009).
25
Otoo-Oyortey & Pobi,(2003), p. 42-47.
22
11
the remainder of this thesis, I will therefore equate early marriages with forced marriages
and regard them as a negative phenomenon that needs to be combated.
1.2 Problem definition
Early marriage disproportionately affects young girls, who are much more likely
to be married as children than young boys,26not only around the world but also among the
Roma in Greece.
This thesis focuses on the Roma population in Greece and the implementation of
local laws that protect children from child marriage. The reason why the Roma
population in Greece was chosen was because Greece is a European country, obliged to
implement International and European legislation regarding human rights. More
precisely, Greece has to apply this policy among the Roma population whose sociocultural background is different from this of the Greek and the European population often
resulting in racism and marginalization within the Greek society.
Early marriage can cause devastating consequences for the Greek Roma girls who
experience it, as well. For instance, it prevents them from obtaining an education and
enjoying optimal health, bonding with others of their own age, maturing and choosing on
their own their life partners.27 Consequently, this practice tends to influence the social
structure and girls‟-women‟s life.
1.3 Research question
'Does the Greek legislation and policy provide sufficient protection for child
brides when it comes to the Roma girls?'
1.4 Sub-questions
What is child-bride practice? Who are the Roma? Does the Greek legislation contain
legal provisions concerning early marriage amongst the Roma girls? Does the Greek
26
UNICEF. http://www.unicef.org/protection/57929_58008.html.
Hampton, (2010), p. 509-510.
27
12
legislation provide sufficient legal protection? Which are the Greek policy measures
against the perpetuation of early marriage?
1.5 Methodology
1.5.1 Literature research
For the purpose of my thesis I have performed a literature research in combination with
individual interviews with two representatives of two NGO‟s (“Oikokoinonia” and
“Arsis”) working with the Roma in Greece. For the literature research I have used
electronic sources and law books on the Greek legislation. Furthermore, I have searched
formal sites of International and National Organizations (Unicef, ERRC, etc). Additional
information regarding the situation of Roma in Greece has been collected through the
previously named NGO‟s in Greece.
1.5.2 Interviews
Emails have been sent to two NGOs in Greece, which deal with issues relating to
Roma and focus on their problems.. Two of the most famous NGOs in Greece dealing
with Roma‟s problem are the “Oikokoinonia and Arsis” in Thessaloniki. It should be
mentioned at this point that, for logistical reasons I aimed to find NGOs near my place of
origin, Larissa. Due to the fact that the most popular NGOs are located in Athens which
is about 5 hours by means of transport, I chose these two in Thessaloniki, which is closer
to my city. The interviews were held at their offices in Thessaloniki in May 2014.
The interview consisted of the following questions:
1. What are your (main) activities?
2. How prevalent is the problem of Child Brides amongst Roma?
3. To be asked only if the answer to question 2 indicates a substantial problem:
What
is the average age of Child Brides?
4. Are there any reports of violence or maltreatment during their marriage?
5. Are there any reports that prove that early marriages can be considered forced
marriages? If prevalent: What has the Greek government done to counter this practice
13
amongst Roma? If child bride exists: Are there difficulties relating to the contact with
this population and is it difficult to reach out to this group and the victims (If they are
victims)?
6. Do the Roma cooperate? What is their attitude concerning policies and law?
7. What is your opinion on the Greek approach to Child Brides? Do you think that the
Greek government is living up to international and European standards when it comes
to the Roma?
8. Are there any legislative gaps that prevent the effective action?
9. What would be your recommendations for better practices/policies? What are the
needs for this goal?
Furthermore, the interviews were deemed necessary due to the fact that the
interviewees have extensive experience from their ongoing cooperation with the Roma
community. Although my purpose was to hold a semi-structured interview and pose the
questions mentioned above, in reality the interviews were a bit more chaotic, taking place
in a common room with other employees interrupting. The result was two interviews that
more or less covered the same topics, but without a fixed order and with much room for
elaboration and deviation on the part of the persons being interviewed.
Finally, the meetings lasted for about an hour without being audio-recorded due to
the inexistence of a more private and quiet office. On the contrary, the interviews were
held in a common room with other employees and people who asked for help or
information. At the end of the interview they gave me material for events about Roma
where lectures took place.
Rather than discussing the interview results in a separate chapter, they were
integrated in the Chapters on the Roma population in Greece (Chapter 3) and the Greek
legislation and policy regarding child marriages (Chapter 4). In each of these chapters,
the opinions of the two interviewees can be found in the second-to-last sections.
14
1.6 Chapter outline
This thesis is comprised of five chapters. The first chapter is an introduction that
provides an overview of the focus of the thesis. In the second chapter, the practice of
child marriage is explained in depth. In this chapter the definition of this practice is
provided along with an explanation of the causes of child marriage and how it affects
children in different societies in the world. The third chapter is on information concerning
the Roma population and the existence of the child bride practice among them in Greece.
The fourth chapter describes Greek legislation regarding early marriages and the policy
that applies against this phenomenon. The last chapter will be a conclusion on the
recommendations for law and policy reform. For this chapter, I have taken the
recommendations that scholars have proposed into consideration, as well. These
recommendations involve the implementation of practices that could benefit children and
lead to the fulfillment of their rights.
15
Chapter 2: Child Bride
Introduction
This chapter presents the child bride custom as a global practice and explains
what this practice means around the world. Also it highlights the prevalence of the
problem indicating some specific examples of continents, countries and regions in order
for the reader to shape a global view. Moreover, it refers to the causes and analyzes how
they contribute to its existence and maintenance and the consequences on children as the
result of early marriages.
2.1 Global prevalence of child bride practice
It has been observed that child bride practice mainly dominates the developing
World, while globally it was estimated in 2005 that 67 million women had already been
married by the age of 18.28 Furthermore, in the developing World one in three girls gets
married before 18 and one in nine before 15. According to UNFPA if this practice
continues within the next decade, 142 million women will fall prey to child bride
practices. The percentage of early marriages varies from country to country with the
highest rates in Niger about 75% while the rate is as low as 2% in Algeria.
According to the UNFPA annual report 2013, regarding early pregnancies, it was
reported that out of every 1000 women in Arab States-out of every 1000 women in 22
countries of Asia and the Pacific out of every 1000 women in East and Southern Africa of
every 1000 women in Eastern Europe and Central Asia of every 1000 women, in Latin
America and the Caribbean and out of every 1000 women in West and Central Africa
gave birth between the ages of 15 and 19.
In addition to the above rates, the ICRC presents “Ranking of Countries by Child
Marriage Prevalence, Most Recent Year Surveyed”, whereby the highest rates belong to
Niger (1999 survey) which gathers 76,6 %, Chad (2004) 71.5 %, Bangladesh (2004) 68.7,
Mali (2001) 65.4, Guinea (1999) 64.5, CAR (1994/95) 57.0, Nepal (2001) 56.1,
Mozambique (2003) 55.9, Uganda (2000/01) 54.1, Burkina Faso (2003) 51.9, India
28
UNICEF, (2005).
16
(1998/99) 50.0, Ethiopia (2000) 49.1, Liberia (1986) 48.4, Yemen (1997) 48.4,
Cameroon (2004) 47.2, Eritrea (2002) 47.0, Malawi (2000) 46.9, Nigeria (2003) 43.3,
Nicaragua (2001) 43.3, Zambia (2001/02) 42.1 and Dominican Republic (2002) 41.2.
On the other hand some of the lower percentages belong to Vietnam (2002) 11.1, Jordan
(2002) 11.1, Botswana (1988) 10.0, Namibia (2000) 9.8, Tunisia (1988) 9.7,
Turkmenistan (2000) 9.1 and South Africa (1998) 7.9.
2.2 Child bride as a global traditional practice
Child bride practice constitutes a common traditional widespread practice,
mainly, in the developing world.29 However, it exists in different countries and places, at
different rates whether those are in Europe or in Asia, Sub-Saharan Africa, Latin America
etc.30 Broadly speaking, child bride or early marriage means the conclusion of marriage
between two individuals while the candidate bride is not an adult but under the age of
18.31 Child bride is known as early marriage or child marriage and is more common in
sub-Saharan Africa and Southern Asia.32 Also it takes place after puberty among some
groups in Asia, the Middle East, and North Africa, while in parts of Western and Eastern
Africa, and Southern Asia some girls marry before puberty.33 Nevertheless, we encounter
this phenomenon in Europe too, mostly in regions of Central and Eastern Europe,
especially among Roma and communities of immigrants34According to UNICEF more
than 60 million children worldwide are affected by child marriage.35
It should be mentioned that there are many cases whereby girls (early marriage is
not common among boys) are arranged to marry men who are older than them (i.e. up to
20 years older approximately).36 The agreement is usually realized among third parties
such as the bride‟s parents and the future husband but there are also cases in which
29
Birech, (2013), p.97-102.
Jensen & Thornton (2003), p. 9-17.
31
Convention on the Rights of the Child (CRC), (1989).
32
Jensen & Thornton (2003), p. 9-17.
33
UNICEF, (2005).
34
Edwige, (2005), p. 7-31.
35
UNICEF. (2005).
36
Nawal, (2009), p. 52-54.
30
17
parents ask for a matchmaker‟s help.37 It is common for the girl to live with her family
until the wedding and afterwards she follows her husband so as to live in his house with
his family and her parents- in -law.38 Moreover, in case the girl is too young,(i.e. before
her puberty) and the husband a couple of years older, she then lives with him and his
family before the wedding because there is the social conviction that she should be raised
by her husband and his family. This happens due to their belief that the girl will become
emotionally more attached to her husband and she will learn to respect him from an early
age.39
.At this point it should be emphasized that not all the marriages of children
involve sexual relations before they reach puberty, but the husband waits until her
puberty or until the time he thinks that she is mature enough for this. According to
UNICEF child marriage is mostly practiced in societies where both poverty and gender
inequality are prevalent.40 For example, in India the boys as future husbands are
approximately 4-5 years older than girls, whereas, in countries with a high average of
child marriages such as Yemen and Afghanistan the husbands are young boys or middleaged men, who have a lot of women or who are widowers or abductors.41 In cases they
are abductors as it mostly happens in Ethiopia, they first rape the young girls and then
they justify this act claiming that they are their wives.42
2.3 Causes of child bride practice
There are different reasons relating to parents‟ choice of marrying their children
so early. In many cases the marriage is defined by socio-cultural and religious norms
including the conditions of poverty in which families live and try to survive so as to
maintain their households. It is a vicious circle that is being passed on the future
generations, In the first place, the main factor of the existence of this practice is that it
constitutes a tradition characterizing the cultural context. This practice favors the
37
Nawal, (2009), p. 52-54.
Nawal, (2009), p. 52-54.
39
Nawal, (2009), p. 52-54.
40
Ellsberg et al., (2010), p. 1-3.
41
Gorney, (2011), no pages.
42
Gorney, (2011), no pages
38
18
maintenance of strong family ties creating family alliances and relationships. 43Apart from
this, it should be mentioned that the bride‟s wealth plays an important role for respect in
their society, while the amount is reduced when the girl is getting older.44 For this reason
the bride‟s parents try to marry their daughters as soon as possible in order to sell them at
an advantageous price.45 Furthermore, in many countries such as India, women are
considered to be subordinate and a burden for their family in comparison with the male
members; the women get married earlier when they are still deemed a source of wealth
and leave their families while the men have easier access to education, employment and
jobs.46 As a consequence, early marriage prevents girls from developing their skills and
capabilities in areas such as education, employment and personal evolution, resulting in
consolidation of poverty.
In addition to this, Johnson-Lans and Jones noted in their study conducted in rural
India and more specifically in Rajasthan, that social conformity plays a vital role for the
child bride practice.47 That means that families and parents are influenced by deeply
rooted traditions and cultural practices which dominate within their caste and they are
forced to follow them in order to save their reputation.48 Another important element of
their study is that lack of electricity supply contributes to the preservation of the custom,
granted that they do not have access to the media.. They remain unaware of the progress
of the rest of the world and the new trends of life. In other words, they live isolated and
cut off and as a result they remain intent on preserving these conservative traditions.
According to the International Women‟s Health Coalition, parents are most of the
times victims of their culture, tradition and religion or the combination of them.49 That
means that they feel pressure because of the social orders which push them to resort to
this practice. In most cases obedience to traditions constitutes one way in order to gain
43
Birech, (2013), p.97-102.
UNICEF, (2001).
45
Rao, (1993), p. 666-667.
46
World Youth Report, (2003).
47
Johnson-Lans & Jones, (2006), p. 2-15.
48
Johnson-Lans & Jones, (2006), p. 2-15.
49
International Women’s Health Coalition, (2008).
44
19
respect and to avoid shame, punishment or other negative consequences.50 The child
marriage practice varies from country to country while it depends on the viewpoint of
each country and society regarding marriage, family and its role, social structure and
lifestyle.51 For example, in North Nigeria and other states where the Sharia law is
implemented there is one of the highest rates of early marriages, due to the fact that they
follow the interpretations of the Quran52 Islamic law does not define a precise age
concerning marriage granted that their Prophet got married to Aisha when she was 12
years old.53 Therefore, there is the conviction that there is no limit relating to the girls‟
marriageable age.
Another important factor contributing to this tradition is the girls‟ virginity; the
earlier she gets married the likelier she is to be a virgin; otherwise it is a shame in the
community not only for the girl but also for her family.54 For this reason it is necessary
for the family and the girl‟s honor and respect to ensure virginity. It is more like a safe
mechanism which protects girls from premarital sexual relations.55
Also, virginity plays a key role for the price that the groom will offer, which will
be higher because of the bride‟s purity. Apart from this, it is difficult for a woman-girl
who is not a virgin to get married. Therefore, this cultural concept promotes the child
bride practice in combination with the poverty which plagues these populations. The
impoverishment and the economic distress give a strong motivation for the preservation
of this custom. Indeed, girls constitute an economic burden for the family because of the
few resources and the marriage will relieve them both financially and socially.56
50
UNICEF, (2001).
UNICEF, (2001).
52
Spencer, (2014). http://www.jihadwatch.org/2014/04/nigeria-muslim-child-bride-forced-into-marriagepoisons-husband.
53
Spencer, (2014). http://www.jihadwatch.org/2014/04/nigeria-muslim-child-bride-forced-into-marriagepoisons-husband.
54
Fernandes, (2014). http://timesofindia.indiatimes.com/toireporter/author-Rachel-Fernandes.cms.
55
Nawal, (2006), p. 1645-1647.
56
Birech, (2013), p. 97-102.
51
20
2.4 Consequences
It has been observed that early marriages prevent young girls from gaining access
to education. Mostly, it is forbidden for them to attend school and study, so they lose the
opportunity to be educated and cultivated in order to be independent and have more
opportunities of employment and a choice for a better life.57 Instead, they force them to
be unaware and illiterate, limiting in this way their horizons and their expectations so as
to manipulate them, due to lack of knowledge.58 The disruption of school is a serious
consequence which automatically degrades the woman‟s position, placing her in the
margin with low social and educational status.59
It is obvious that early marriage transgresses the girls‟ right to future opportunity
by denying the access to education, employment, healthcare and to areas that favor the
personal progress and independence. This violation leads to the perpetuation of
“feminisation of poverty”.60
Unfortunately, due to the fact that the groom in many cases has paid a
considerable amount as a dowry to “buy” the bride, she is obliged and under pressure to
prove her fertility along with her purity, while she is at the same time responsible for
their children‟s welfare and domestic chores. She is forced to give birth in this premature
period of her life.61 Indeed, the young girls are subordinate to their fate, bearing children
and as a result losing their childhood and their life.62 This is a reality ending in
deprivation of childhood, play, education and building social skills, but above all,
children are deprived of moments of joy and insouciance.
Undoubtedly, this is the impact of the gender-based inequality which is directly
linked to women‟s disempowerment. Therefore, the inequality between the bride‟s and
her husband‟s relationship is based on the total control the men exercise over the girls
and it is up to them to decide the conditions under which sexual intercourse occurs.
57
Hampton, (2010), p. 509-510.
Hampton, (2010), p. 509-510.
59
Menken , (1972), p. 46-51.
60
Otoo-Oyortey & Pobi, (2003), p. 42-47.
61
Svanemyr et al., (2012), p. 1-3.
62
Nawal, (2006), p. 1645-1647.
58
21
Unfortunately, they are obliged to obey their husbands‟ orders and sexual desires while
the latter have the right to beat or rape them within marriage when they feel unsatisfied or
when they want to satisfy their sexual expectations.63
Apart from this, there are cases of men who, because of their poverty and the
inability to pay the amount of a dowry so as to marry a woman, abduct the girls and
afterwards rape them in order to force them and their family to accept the marriage.
Obviously they take advantage of the dominant conservative convictions with regards to
the bride and her family‟s honor and her purity. It is again clear that poverty encourages
different forms of violence against women not only before marriage but also within
marriage, insulting their bodily integrity.
Another negative consequence from the early marriage and the unprotected
vaginal intercourse which influences children‟s health is the risk for HIV and other
sexually transmitted diseases such as STDs, in particular HIV and human papilloma virus
(HPV).64“{F}urthermore STDs such as herpes simplex virus type 2 infection, gonorrhea,
or chlamydia enhance girls’ vulnerability to HIV”65while another threat is the cervical
cancer. All these diseases can be the results of (polygamy of) their older husbands and of
their sexual experiences with other women as well.66
It should also be taken into account that pregnancy for children entails different
risks not only for their health but also for their life because of different complications
such as obstetric fistula, toxemia, prolonged labor and iron-deficiency anemia67during
pregnancy period or during childbirth or afterwards.68 For instance, it influences their
immune system and it may cause malaria, while childbirth many times leads girls to
death because their body is not well prepared.69
63
Otoo-Oyortey & Pobi,(2003), p. 42-47.
Nawal, (2006), p. 1645-1647.
65
Nawal, (2006), p. 1645-1647.
66
International Center for Research on Women (ICRW), (2007).
67
Menken , (1972), p. 46-51.
68
Svanemyr et al., (2012), p. 1-3.
69
International Center for Research on Women (ICRW), (2007).
64
22
In addition to this, premature childbirth influences the babies‟ health as well,
given that they have more possibilities to die during their first year in comparison with
those who are born by adult mothers.70 In case they survive there is a great risk of being
low- weight owing to malnutrition given that their mothers are inexperienced.71
It is important to highlight the fact that during the marriage children can be
confronted with domestic violence or sexual abuse by their husbands. 72 They are not free
to express their opinion but they live in oppression. The decisions are up to their
husbands and the girls‟ health and life depend on them and on their decisions.73 For
example, they live isolated from their family and the community and the possibility of
visiting them depends on their husbands‟ decision. Therefore, many children develop
psychological problems that are reflected in their behavior and in their daily life, such as
nightmares, eating disorders (anorexia and bulimia) and different physical disorders
(abdominal pain) while a proportion suffers from depression which sometimes ends in
suicide.74 75
Indeed, there are girls who, because of their desperation, are more strong-minded
and they dare to escape from this situation. However, they too are in danger because they
are forced to walk alone for many days and nights from their rural or cut off regions to
the centers of cities. They face difficulties because they do not have financial and moral
support from their families and they are exposed to exploitation and general lifethreatening risks in order to survive.76
Conclusion
Taking the above facts into consideration we can observe that child bride is a
global problem that entails numerous risks for children, but the problem is mainly
prevalent in the developing world with the highest rates in Sub-Saharan Africa, North,
70
Svanemyr et al., (2012), p. 1-3.
International Center for Research on Women (ICRW), (2007).
72
International Center for Research on Women (ICRW), (2007).
73
International Center for Research on Women (ICRW), (2007).
74
Edwige, (2005), p. 7-31.
75
Ouattara et al., (1998), p. 27-33.
76
Ouattara et al., (1998), p. 27-33.
71
23
Western and Eastern Africa.
The factors that contribute to its existence are
socioeconomic, cultural and religious and among them two of the most influential are
poverty and the low levels of education. Furthermore, child marriage entails negative
consequences for the girls that are most of the times life-threatening
24
Chapter 3: The Roma in Greece
Introduction
This chapter aims to provide information on the Roma population as a minority in
Greece, presenting their history, their origin, the role they play in Greek society, their
attitudes towards life and society, and their socioeconomic status. Furthermore, in this
chapter we learn more about Roma‟s convictions, community-tribal attributes, culture,
traditions and customs as well as social and family structure.
In addition, there are typical examples and data drawn out of relevant studies
which present an enlightening viewpoint of their position in the Greek society,
difficulties, exclusion and discriminations as well. The aim is to study Roma as a
population and to understand their lifestyle. An additional purpose is to touch on several
questions ending in the crucial issue of early marriage as a result of this specific lifestyle.
3.1 The Roma history
The Roma is a mixed population, an ancient nomadic people with Indian roots
maintaining the tradition of wandering77 over the centuries. They mostly migrated to t
European countries, between the 5th and the 10th century78, where they were treated as
undesirable pariahs because of their linguistic and cultural diversity. 79 Also, they arrived
in Byzantium, in Constantinople, between the 11th and 12th century, while their scattering
across Europe led them to settling down mainly in the Balkans, south of the Danube
during the 15th century.80 Finally, their last migratory wave dissipated them beyond the
Balkans at the end of the 20th century.81
Some synonyms for Roma are Gypsy or Sinti; the word Gypsy derives from the
word Egyptian because in the past, there was the conviction that their origins were from
77
Παπαδόπουλοσ, (2014), ςελ. 1.
Moorjani et al., (2013), p. 1.
79
Oikokoinonia -Citizens’ Initiative, (2007-2013), no pages.
80
Morar et al., (2004), p.597.
81
Morar et al., (2004), p.597.
78
25
Egypt.82 They speak Romani, an unwritten language which includes more than 60
different dialects.83
Furthermore, it has been ascertained that Roma do not have written history while
the first historical reference to them was recorded by Herodotus.84 More precisely, the
historical information is mostly based on records of the countries they have migrated to,85
where they mainly constituted inferior ethnic minorities.86 The last years, genetic data has
been collected as well, aiming to record their demographic history and genealogy.87
It is worth mentioning that the Roma, as a minority, have undergone numerous
hardships and persecutions living on the fringe of society throughout centuries until
today. The Hitler‟s Nazi Germany constitutes a resounding example given that a large
number of Roma was put to death in the concentration camps of Germany, Poland and
the Soviet Union. The justification was that they “taint the purity of Germans‟ blood”.88
89
3.2 The Greek Roma in numbers
Today, there are approximately 8-10 million Roma in Europe90, whom between
300,000-350,000 live in Greece.
91
Roma groups are geographically dispersed, although
there are larger communities in bigger cities, such as Athens and Thessalonica. 92 It
should be mentioned that there are two different groups of Roma; either settled down or
on the move.93 They mostly live in the whole territory of Greece, mainly on the outskirts
82
Παπαδόπουλοσ, (2014), ςελ. 1.
Moorjani et al., (2013), p. 1.
84
Παπαδόπουλοσ, (2014), ςελ. 1.
85
Moorjani et al., (2013), p. 1.
86
“A group numerically inferior to the rest of the population of a State, in a non-dominant position, whose
members—being nationals of the State—possess ethnic, religious or linguistic characteristics differing
from those of the rest of the population and show, if only implicitly, a sense of solidarity, directed towards
preserving their culture, traditions, religion or language”. F. Capotorti 1977 definition.
87
Morar et al., (2004), p.597.
88
Παναγόπουλοσ, (2014).
89
Τςακίρθσ, (2004), ςελ 40-55.
90
Morar et al., (2004), p.596.
91
Kolev et al., (2011), p. 60-70.
92
Kolev et al., (2011), p. 60-70.
93
Λευτεριώτου κ.α., (2011), ςελ.7-30.
83
26
of big urban centers, in deprived areas or in villages.94 They reside in temporary or
permanent locations, according to their own convictions and traditions, organizing their
own distinct social structure.95
3.3 The Greek Roma culture
The Roma communities in Greece are separated in various tribes with linguistic
and/or religious differences since some are Christians and others are Muslims.96
However, the majority of them are Christians except for in Thrace, where the Horohane
Roma (Roma Muslims) constitute the majority.97 The Greek Roma mostly speak the
Romani language, however, there are populations whose mother tongue is the Greek
language and others, mainly in Aegean Thrace whose mother tongue is the Turkish
language.
98
Moreover, depending on their preference, there are those who have a Greek
or a Turkish identity.99
The Roma, due to their diversity, try to maintain their linguistic and cultural
attributes vivid, structuring the social lifestyle, including the relationships between the
two sexes and marriage, according to their traditions.100 Additionally, the paternalistic
base of family consists of two basic principles; getting married at a young age and having
many children.101 These two principles are proved through different examples of early
marriages, records and studies which will be described subsequently in the sub- section
„Marriage among Roma‟.
94
Παπαδόπουλοσ, (2014), ςελ. 1-8.
Oikokoinonia -Citizens’ Initiative, (2007-2013), no pages.
96
Oikokoinonia -Citizens’ Initiative, (2007-2013), no pages.
97
Kolev et al., (2011), p. 60-70.
98
Kolev et al., (2011), p. 60-70.
99
Kolev et al., (2011), p. 60-70.
100
Oikokoinonia -Citizens’ Initiative, (2007-2013), no pages.
101
Oikokoinonia -Citizens’ Initiative, (2007-2013), no pages.
95
27
3.4 The Greek Roma’s socioeconomic status
The activities, Roma undertake to secure their income, are aimed to meet the
requirements of their own society and the local market.102 The majority deals with trade
and they work as vendors, seasonal fruit collectors, material collectors, junk dealers or as
hawkers.103 Apart from this, the Roma have a great musical and dancing tradition and
many of them work as musicians, singers and dancers as well.104
In spite of being different from the Greek population, the Roma are officially
considered Greek citizens given that they have the same social rights as the Greek
citizens in housing, education, health and employment.105 Unfortunately, many health
problems have been pointed out among Roma, as most of them live in sordid poverty,
while the majority does not have social security.106
“{D}ifferent forms of deprivation lead to different patterns of vicious circles. One
of the patterns that is found not infrequently in impoverished Roma settlements started
with the lack of education, qualifications and skills; this leads to difficulties in finding
and difficulties with regular financial income; the result is difficulties in permanently
satisfying housing needs, which together with the previous factors creates an
environment where skills and education are neglected even more... and taken all together
this leads to even worse exclusion from economic flows in society. Thus one circle of
poverty is closed and another open. In this case, we clearly have a close relationship
between the three key segments of life: education, employment and housing.”107
What is more, a major issue is observed regarding Roma‟s property; there is a
considerable proportion settled either in illegal settlements, municipal buildings or in
tents.108
102
Oikokoinonia -Citizens’ Initiative, (2007-2013), no pages.
Λευτεριώτου κ.α., (2011), ςελ.7-30.
104
Παπαδόπουλοσ, (2014), ςελ.3.
105
Oikokoinonia -Citizens’ Initiative, (2007-2013), no pages.
106
Oikokoinonia -Citizens’ Initiative, (2007-2013), no pages.
107
Macura , (1999), p. 5.
108
Oikokoinonia-Citizens’ initiative, (2007-2013), no pages.
103
28
3.5 The educational level of the Roma
One of the reasons why Roma face social exclusion is their low educational
level.109 As a result, they are occupied in seasonal jobs, due to the fact that they do not
have an alternative choice.110 Notably, according to “Oikokoinonia” and “Arsis”, (two of
the most important NGOs cooperating with Roma) illiteracy constitutes the main cause of
Roma‟s problems.111
The issue of illiteracy is deteriorating; there is an increasing number of children
who refuse to go to school.112 This is a reality based on the fact that there is a lack of
motivation among the children of Gypsies to attend school and if they do so, they
experience an inhospitable environment.113 Apart from this, it should be mentioned that
for Roma the school constitutes an unfamiliar institution which is not a tradition within
their social structure.114 On the contrary, it represents roles, patterns and behaviors that
are foreign to Roma‟s cultural identity and belong to the unfriendly Greek society.115
3.6 The Roma and social exclusion
Many cases have been recorded in which it was obvious that Greek parents have
opposed to the coexistence of their children with Roma‟s children in the same school,
collecting signatures (alt: signing petitions) in order to expel them from school.116 This
means that Greek society rejects their lifestyle, their culture and their language and
disengages themselves from the Roma population.. Another example cited by ERRC is
the abuse and the excessive violence on behalf of the police against Roma.117
109
Λευτεριώτου κ.α., (2011), ςελ. 7-30.
Oikokoinonia-Citizens’ initiative, (2007-2013), no pages.
111
Oikokoinonia-Citizens’ initiative, (2007-2013), no pages .
112
Σουμπενιώτθσ κ.α., (2003), ςελ. 2-30.
113
Oikokoinonia-Citizens’ initiative, (2007-2013), no pages.
114
Λευτεριώτου κ.α., (2011), ςελ. 7-30.
115
Λευτεριώτου κ.α., (2011), ςελ. 7-30.
116
Σουμπενιώτθσ κ.α., (2003), ςελ. 2-30.
117
Alexandridis, European Roma Rights Centre (ERRC). http://www.errc.org/popup-articleview.php?article_id=1708.
110
29
With regard to their life expectancy, it is steadily much lower than the rest of the
population.118 Finally, it is observed that there is insufficient information among women
with regard to contraception, prenatal and perinatal control as well as gynecological
tests.119
3.7 Roma’s family status
Roma‟s particular traditions are based on a patrilineal system of their genus,
which is separated in tribes and those tribes constitute their own distinct community
having their own leader or representative.120 It should be mentioned that the patrilineal
system defines individuals‟ origin according to their father‟s origin.121 Furthermore, one
common characteristic of their tribes is the endogamy, which permits marriage between
individuals who belong to the same clan122, with a view to enhancing the coherence of
their community and the maintenance of their racial purity.123 So they focus more on the
importance of the group rather than on the importance of the individual.124
The University of Ioannina in Greece conducted a research in 2004 and their main
goal was to study the Roma‟s attitudes and convictions with regard to issues of family,
marriage and divorce.125 Secondly, they aimed at enquiring into issues relating to their
education and socialization.126 For this purpose, the research was based on structured
interviews in order to avoid any kind of misconception due to their low educational
level.127
According to the data of the above research, large families of more than five
members form the basis of Roma‟s household structure, following the patriarchal system;
the leader of the family is the father or the grandfather.128 Additionally, the decisions
118
Oikokoinonia-Citizens’ initiative, (2007-2013), no pages.
Oikokoinonia-Citizens’ initiative, (2007-2013), no pages.
120
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
121
Moorjani et al., (2013), p. 1-5.
122
Moorjani et al., (2013), p. 1-5.
123
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
124
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
125
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
126
Νόβα-Καλτςοφνθ, (2004), ςελ. 7.
127
Νόβα-Καλτςοφνθ, (2004), ςελ. 7.
128
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
119
30
made for socioeconomic issues are up to the men of the family (mainly father and
grandfather)129 while their basic principle relating to their social structure is collectivity.
The latter is achieved through the solidarity and the notion of the extended family
including cousins, grandparents, uncles and aunts.130
3.8 Marriage among Roma community
The Roma as a community is not interested in education due to their traditional
conviction that considers school to be unnecessary.131 On the other hand, they base their
life on the patriarchal society which encourages women to get married at early ages in
order to realize the main purpose of their life; to procreate children. This situation renders
them inferior to men. So, parents force their children to drop out of school in order to get
married and create their own family.132
The concept of marriage constitutes one of the most important events in Roma‟s
life. The difficult conditions of their life increase the infant mortality and the low life
expectancy.133 So, this is a reality which accelerates all the activities and preparations
relating to their life such as marriage and explains both the fact of the early marriages and
the birth of many children.134
What is more, the issue of marriage depends on a collective decision rather than
on an individual one, due to the fact that Roma believe in the traditional society and
family.135 That means that they arrange girls‟ marriages without asking for their consent.
Thus, it is f a duty that firstly serves the needs of the family as a group and secondly the
personal goals. Consequently, the whole family takes part in the choice of the partner
rather than the individual.136
129
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
Νόβα-Καλτςοφνθ, (2004), ςελ. 7.
131
Πανταηισ κ.α., (2011), ςελ. 122-133.
132
Πανταηισ κ.α., (2011), ςελ. 122-133.
133
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
134
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
135
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
136
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
130
31
According to the data of the University of Ioannina, Roma get married between
the ages of 16-18, while the girl is deemed an old maid over the age of 17. So frequently,
the first marriage takes place below the age of 17.137 The girls also grow up with the
conviction that they will learn to love their spouses since marriage is the means of
happiness and the ultimate purpose of people‟s life.138
In addition to this, another example is the survey that was conducted by the
Prefectural Local Authority of Larisa city in the region of Tyrnavos town, where a
considerable proportion of Roma is settled down.139 The purpose of this research was to
study Roma‟s living conditions in order to find solutions and to promote relevant
policies.140 During the conducted interviews which included 1.500 Roma, it was found
that the average marriageable age was 15-16 for women and 18 for men.141 It is also
worth mentioning that eight out of ten women of the sample got married before the age of
15 while the average of the total number of the community ranged from 10 to 15.142
Lastly, it was observed that the 85% percent had many children, which means four
children or more.143
Moreover, the Roma‟s wedding takes place according to their traditional ritual
procedure and their own customs and not according to the Greek religious or civil
wedding procedure.144 One of the most important and common customs is the “buying of
the bride” by the groom and his family.145 The price depends on the bride‟s talents
including her beauty, her purity, her personality, her family status, her dancing
performance etc.146 The dowry plays a leading role for the parents‟ decision to marry off
137
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
139
Σουμπενιώτθσ κ.α., (2003), ςελ. 2-30.
140
Σουμπενιώτθσ κ.α., (2003), ςελ. 2-30.
141
Σουμπενιώτθσ κ.α., (2003), ςελ. 2-30.
142
Σουμπενιώτθσ κ.α., (2003), ςελ. 2-30.
143
Σουμπενιώτθσ κ.α., (2003), ςελ. 2-30.
144
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
145
Παναγόπουλοσ, (2014).
146
Παναγόπουλοσ, (2014).
138
32
their daughters, because they consider it as a great opportunity to give their daughters to
wealthy families from which the girls will secure a better life.147
Finally, women have to obey their husbands and endure their whims and surliness
without thoughts of divorce, taking into account the social imperatives of morality.148 For
Roma population divorce implies shame, insults the pride and ruins the reputation of the
family. So marriage constitutes a point of honor and an unwritten law.
3.9 Consequences of early marriage
It is implied from the above that the Roma girls do not have the opportunity to
attend school, to be educated in order to have access to social life and employment.
Illiteracy and their subordinate role in their family make them dependent and mainly
subservient to both their husband and the older members of their family.149 Their opinion
is unimportant while their active participation in Roma‟s associations concerning
decisions of their community is not permitted.150
Furthermore, the Roma women-girls are exposed to various gynecological and
obstetrical health problems, particularly in the period of pregnancy and childbirth due to
the lack of appropriate obstetric care during the perinatal period.151 Additionally, a great
percentage of them give birth to children in their camps without medical care and
protection while during their pregnancy they work in the fields where the conditions are
unsanitary.152
Another negative consequence is that they are not informed about contraceptive
methods which results to abortion at early ages because of the birth of many children.
Abortions at these ages may create various health problems such as gynecological
complications.153 Apart from this, Roma who live under more inappropriate living
147
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
Νόβα-Καλτςοφνθ, (2004), ςελ. 2-26.
149
Ντοφςασ, http://politiko-kafeneio.gr/tsiganoi/rom12.htm.
150
Ντοφςασ, http://politiko-kafeneio.gr/tsiganoi/rom12.htm.
151
Μωραίτου, (2010), ςελ. 124-127.
152
Μωραίτου, (2010), ), ςελ. 124-127.
153
Μωραίτου, (2010), ), ςελ. 124-127.
148
33
conditions are exposed to drug use and alcoholism with a bad impact on the young girls
who are obliged to endure their husbands‟ violence or abuse.154
3.10 Interview results
Concerning the second question about the prevalence of the child bride problem
among Roma, the interviewees kept their answers more general by providing information
of specific surveys which are referred to the section “Marriage among Roma
Community”. Nonetheless, they noticed from their experience they think that the problem
is quite prevalent because it concerns the majority of their population and that it is a very
common custom for them. Furthermore, they cited that as they know from their
experience with Roma, the average age of the child bride practice is
the age of 14-15
years old.
With regard to the question about the child bride practice as a form of forced
marriage they answered that the Roma children learned mostly to depend on their
parents‟ decision and to comply with their social commands at the expense of their
personal choice and consent. There is a conviction that they will learn to love their
spouses. So they do not see it as a forced marriage and they do not aware of the notion of
the forced marriage. They think that this is the way that it should happen.
Apart from the specific questions they add during our interview that Roma as a
minority constitutes a vulnerable group experiencing the racism daily given that there are
a lot of records and evidence of physical assaults, turbulences, discriminations and
affronts which are published by social media or by surveys. Especially, Roma mostly
experience racial discriminations because of their origin and their roots. They emphasized
that this situation exists because these are two different worlds (the Roma community and
Greek society) that have never met, understood and learned each other. Finally the
interviewees conclude, reporting that Greek society and the Roma community haven‟t
succeeded yet in finding a balance, which will permit the Roma to live on equal terms.
154
Eurofound. http://www.eurofound.europa.eu/pubdocs/2012/021/el/1/EF12021EL.pdf.
34
Conclusion
Taking everything into consideration, it is obvious that Roma as a minority are
constituted as a foreign body and not accepted by the Greek society. I noticed that this
rejection has continued over the years through rejection, discrimination and social
isolation. The society offers them limited opportunities. On the other hand, although the
Roma are officially considered as Greek citizens with equal rights, they do not use them
because they are not aware of them. The Greek social, political and educational system
does not help Roma substantially in order to integrate into the Greek society smoothly.
Contrariwise, Roma still live in impoverished settlements and areas with bad living
conditions, while being illiterate, uninformed and socially excluded.
Last but not least it has been observed that Roma try to maintain their culture and
their traditions through the difficulties they confront. They insist on getting married early
and giving birth to many children as the institution of patriarchal family and the custom
of virginity are the most important for their race, although this practice entails negative
consequences for children and women.
35
Chapter 4: Greek Legislation and Policy concerning Early
Marriages
Introduction
This chapter analyzes the provisions of the Greek legislation in relation to the
tradition of early marriage practices amongst the Roma, presenting both the protective
legal framework and the flaws in the current legislative framework. If available, policy
documents on the topic are discussed as well. Finally, the opinions of the two interviewed
representatives
of
the
Non-Government
Organizations
(NGO's)
on
Greek
legislation/policy in relation to early Roma marriages are reflected.
4.1 The Constitution of Greece
The Greek Constitution which is above the national laws provides in article 28
that the generally recognized rules of international law, as well as international
conventions from the time they are sanctioned by statute, become operative according to
their respective conditions. This shall be an integral part of domestic Greek law and shall
prevail over any contrary provision of the law.
With regards to children, Greece ratified the European Convention on Human
Rights (Legislative Decree 53/1974) and the International convention on the Rights of the
Child (Law 2101/1992).155 So Greece, as its Constitution commands, ought to guarantee
the children‟s rights against early marriages as well, applying protective measures and
promoting effective policies. Thus, this article constitutes a foundation against the
practice of early marriages and at the same time as a constitutional provision, it abides by
the conventions.
In a similar vein, article 2 paragraph 1 of the Constitution emphasizes that respect
and protection of the value of the human being constitute the primary obligations of the
State.156 Human dignity is identified with the man and it is distinguished as a
155
Spyropoulos & Fortsakis, (2009), p. 212.
The Constitution of Greece, (2008).
156
36
fundamental right and as the base for the development of the remainder.157 Furthermore,
the principle of human dignity confirms that each right constitutes an end in itself rather
than a means to serve other purposes.158 For this reason, it orders the prohibition of the
individual‟s degradation as an object or as a means in furtherance of other aims and it
requires the respect of his/her personality.159
Often early marriage -which is in many cases a form of forced marriage undermines human dignity and degrades the girls. It renders them objects in order to
serve conservative customs and convictions. In other cases, they serve other purposes
except those of custom, such as the response to poverty. More precisely, they are “used”
by their parents so as to find a way out of poverty. Families earn money by “selling”
them to grooms who pay considerable amounts of money (dowries) and parents both
secure their survival and are relieved from the burden of another family member.
That is why this practice serving all those purposes is forbidden from the Greek
Constitution which orders the prevention of such violations and the protection of human
dignity.
In combination with articles 7, paragraph 2, and 106, paragraph 2, of the
Constitution, which provide restrictions and punishments prohibiting any kind of torture,
maltreatment, humiliation or other offence of human dignity and development of private
economic initiative at the expense of it and freedom as well,160 they impose the negative
obligation of respect of human dignity by the state and the positive protection against its
violation by others.”161
Indeed, the above articles are the base for the prohibition of early marriages. A
considerable proportion of girls are victims of the violation of their rights in relation to
decisions regarding their lives, body and personality. They are resigned to their fate by
traditions and customs, subject to 'the adults‟ agreements. Furthermore, early marriage
157
Δθμθτρόπουλοσ, (1981), ςελ. 4.
Χρυςόγονοσ, (2009), ςελ. 109.
159
Χρυςόγονοσ, (2009), ςελ. 109.
160
The Constitution of Greece, (2008).
161
Χρυςόγονοσ, (2009), ςελ. 109.
158
37
constitutes forced marriage given that the girls‟ family and in general those who
participate in this agreement do not ask for the girls‟ consent.162 Obviously, it is about
forced marriage as well; the girl may not raise objections as she may culturally accept
this as normal. In fact, most of these girls undergo a kind of pressure including brain
washing from their early childhood and their choice is subsequently not free.163
Apart from this, it should be taken into account that a consequence of the forced
marriages is forced sex for the young girls, which is not their choice, insulting their body
and violating their private sphere.164 Moreover, regarding the protection of children, the
Constitution includes article 21, which in paragraph 1 refers to underage adolescents,
below the age of 18, and in paragraph 3 to young people below the age of 30. Lastly,
article 25, paragraph 1, provides that the rights of man as an individual and as a member
of the society are guaranteed by the State.165
Taking all the above into consideration, we observe that the Greek Constitution,
although lacking a specific prohibition, provides fertile ground for the establishment of
specific policies and legislative measures against the phenomenon of early marriages, as
it deems among the other protective provisions, underage adolescents who are below 18.
So it is up to the state to enforce this legislation.
4.2 Civil Code (C. C.)
4.2.1 Marriageable age
According to article 1350 (2), both persons who are to marry have to be over the
age of 18, otherwise they have to receive permission from the court that requires the
existence of a serious reason.166 167 It should be marked at this point that the Greek Civil
Code in article 1350 prohibits the conclusion of wedding (civil or religious) between
162
Ouattara et al. (1998), p. 27.
Ouattara et al. (1998), p. 27.
164
Ouattara et al. (1998), p. 27.
165
The Constitution of Greece, (2008).
166
Greek Civil Code, (2009).
167
Androulidaki-Dimitriadi, (2010), p. 63-72.
163
38
minors, which includes the wedding between Roma who are below 18. It is clear that the
Greek Civil Code initially forbids the concept of early marriage.
It is worth mentioning that the family law is in step with the current social reality
and the needs of modern life which is based on equality among responsible and mature
spouses. Consequently, that implies the same legal age of 18 for both sexes, in order for
them to have both completed their basic education, which gives opportunities for future
professions and offers legal capacity.168
In contrast to this, there are few exceptions concerning minor's permission for a
minor‟s marriage according to article 1350 paragraph 2. These exceptions include
pregnancy, any risk/danger due to the postponement of the wedding169, a long-lasting,
consummate relationship or when the marriage is in furtherance of the minor‟s economic,
social and moral interest.170
Furthermore, permission is given in case there are issues relating to scandals
between partners.171
172
Thus, it is necessary so as to avoid the stigmatization or the
shame that families or spouses feel due to a humiliating event/situation.173
174
Therefore,
the permission for a wedding of a Roma girl under the age of 18 can be granted in the
above cases; for example in case she is pregnant, because it is deemed by Roma‟s society
that the girl has disgraced her family and the marriage is imposed in order to retrieve the
girl and her family‟s honor.
It is observed that these exceptions are more general, creating a loose framework
which rests with the discretion of the court. We would say that the provision concerning
these exceptions, offers flexibility which may easily result in permission, given that
different claims of the parties could fit in social and moral reasons which may persuade
168
Kolev et al., (2011), p. 60-70.
A danger could be the moral stigmatization of the bride which defines her life and future or moral
issues among Roma tribes which lead to families feuds and human lives are in danger, given that a
considerable proportion of Roma men bear arms. Kounougeri-Manoledaki E., 2003.
170
Κουνουγζρθ-Μανωλεδάκθ, (2003), ςελ. 61-130.
171
Κουνουγζρθ-Μανωλεδάκθ, (2003), ςελ. 61-130.
172
Βακρακοκφλθσ, (2004), .
173
Κουνουγζρθ-Μανωλεδάκθ, (2003), ςελ. 61-130.
174
Βακρακοκφλθσ, (2004).
169
39
the court. Another viewpoint could be that it is based more on subjective elements (moral
and social reasons) than objective, which is relatively easy to prove by making
convincing allegations. That implies that Roma can allege their moral traditions or
convictions and their social structure in order to ask for permission. Minors under the age
of 10 are completely incapable and cannot marry in any way whatsoever (1351 and 128
C.C), while the Civil Code permits the marriage between 10 and 18 with the foregoing
exceptions. In taking the decision the court takes into account first of all the interests of
the child according to the general provision for the protection of children (C.C. 1511), as
it is emphasized above. On the other hand, if the court decides that the alleged
exceptional reason foresees the failure of marriage, it will reject the application for
permission.175 176
4.2.2 The act of marriage
The act of marriage constitutes a contract of civil law and it consists of two
essential elements: the first one is the consent of the spouses for the conclusion of the
marriage and the second one is the ceremony. The consent of the spouses is an important
element of marriage, which means the free and clear agreement by a serious
contemporary and personal declaration of will, free from terms or conditions (article
1350 C.C).177 The presence during the ceremony indicates the consent but according to
article 131 section 1 of C.C, in case there is any suspicion that one of the intending
spouses is not aware of his/her acts, the marriage is deemed invalid.178
Obviously, the Greek legislation requires the consent of the spouses, prohibiting
any form of coercion which renders an early marriage invalid. As it has already been
stated, an early marriage is not necessarily a forced marriage, but given the fact that
most early marriage are either the result of explicit or implicit enforcement, they will be
equated with forced marriages nevertheless. In contrast to this, it is difficult to distinguish
the cases in which there is the element of the compulsion granted that the minors are not
able to express their real feelings and in many cases they are afraid and as a result feel
175
Κουνουγζρθ-Μανωλεδάκθ, (2003), ςελ. 61-130.
Βακρακοκφλθσ ,(2004).
177
Androulidaki-Dimitriadi, (2010), p. 63-72.
178
C.C. 1372 paragraph 1, section 1.
176
40
unable to tell the truth easily. They are more vulnerable to pressure, to threats and brain
washing. So again, it is difficult to distinguish between the free choice and the imposed
one.
In addition to this, it could be questionable whether the element of the presence
indicates the consent or not. It should be understandable that the presence does not entail
consent, because there are numerous reasons and conditions under which this could
happen. For example, the presence may be an after-effect of threat, extortion, terms, etc.
4.2.3 Types of marriage with flaws
First of all, there are 3 types of marriages that could present flaws. A marriage can
be nonexistent, void or voidable. Non-existent is the marriage: a) when is missing one of
the conditions related to the substance, b) when an essential element of its existence is
entirely missing, i.e. the consent of the spouses.179
180 181
no legal effect. Therefore, a court decision is not needed.
The non-existent marriage has
182 183 184
The marriage is “voidable” when it has been contracted as a result of fraud
regarding the identity of one of the spouses (C.C. 1374) or illegal or unethical duress
(C.C. 1375). The annulment does not take place when the spouse confirms that the
coercion does not exist anymore.185
186 187
For instance, in case a Roma girl who got
married under coercion or threats confirms this duress, the marriage is deemed voidable
and the girl is able to take legal action for the annulment of the marriage.
At this point another gap is obvious, given that the denial of coercion on behalf of
the girl should not constitute proof; the confirmation may be the impact of pressure and it
179
Article 1372 (1), Greek Civil Code, (2009).
Androulidaki-Dimitriadi, (2010), p. 63-72.
181
Κουνουγζρθ-Μανωλεδάκθ, (2003), ςελ. 61-130.
182
Article 1372 (1), Greek Civil Code, (2009).
183
Androulidaki-Dimitriadi, (2010), p. 63-72.
184
Κουνουγζρθ-Μανωλεδάκθ, (2003), ςελ. 61-130.
185
Androulidaki-Dimitriadi, (2010), p. 63-72.
186
Article 1372, Greek Civil Code, (2009).
187
http://www.dap-nomikis.gr/modules.php?name=Content&pa=showpage&pid=50.
180
41
is not too difficult to manipulate children‟s attitude and opinion since they are more
vulnerable and dependent. So it should be non- existent from the beginning.
4.2.4 Remedying avoid or voidable marriage
In the case of void marriage, as well as in the case of marriage contracted under
duress or fraud, it is required that a court order is issued to cancel the marriage
agreement.188 However, the annulment of the marriage can be remedied later on.
Finally, the nullity of the marriage shall be remedied (Article 1374 (1-4) C.C):189
190
- For failure to consent, free and complete agreement of the spouses has
followed;
- When the spouses have not reached 18 years of age, if the court gives its
permission afterwards or if the spouse recognizes the marriage once he/she
becomes 18 years old;
- When persons with no legal capacity have entered into marriage if the spouse
acknowledges the marriage once he regains his/her legal capacity to enter into
transactions.
To sum up, the void marriage can be remedied retroactively. This means that
most of the cases, which concern void or voidable marriages, can “find” legal framework
in order to be legalized later on. Thus, there is the risk for Roma girls remedying their
early marriage later on in life. Only those who are “revolutionists” can react against their
world, but unfortunately the revolutionists are few in conservative and underdeveloped
societies where fear and ignorance are dominant and form herds of persons who are
governed by others and obey blindly.
Again the Greek legislation is not able to cover this gap, leaving “open legal
windows” (loopholes) and indirectly contributes to the preservation of this practice.
188
Greek Civil Code, (2009).
Greek Civil Code, (2009).
190
Androulidaki-Dimitriadi, (2010), p. 63-72.
189
42
Although at first reading it seems to achieve the goal that the Greek legislation allows
early (forced) marriages to be annulled, after a deeper interpretation certain flaws emerge.
4.2.5. Religious marriage
With regard to the Greek wedding, article 1367 C.C. provides that it can be
religious in which case it is conducted by a priest in the Orthodox Church or by an officer
of another religion or denomination recognized in Greece.191 Also there is the possibility
of civil wedding in the city hall. What is more, article 1367, paragraph 3 C.C, provides
that the procedure of religious wedding is defined by the rules of the doctrine or religion
if these rules are not contrary to the Greek public order and they are recognized in
Greece.
This is relevant for the Roma population. Often, Roma are excluded from the
contracting of civil wedding, due to the fact that the majority of them get married before
coming of age. More particularly, even though family law prohibits marriages under the
age of 18, the problem with Roma child brides is not solved by it, because they do not
care about legal marriages anyway, they are mainly interested in the religious marriage
(see also the section on „Islamic law‟ below). From this perspective, changing the family
law would not work, because it would not affect the Roma.
4.3. The application of the Islamic law in Greece
It is a fact that the jurisdiction of the Mufti192 is unquestionable according to
article 1367 of the Greek Civil Code. That means that the Greek Civil Code recognizes
and legalizes the jurisdiction of Mufti relating to issues among Greek Muslims of his
region.193
194
Muftis‟ region includes only the area of Western Thrace where the Sharia
law is applied.195
191
Therefore, everything concerning religious marriage is taken into
Greek Civil Code, (2009).
192
The mufti is a priestly degree of Muslim religion. He is the interpreter of Muslim law and he is deemed
the Muslim theologian qualified to issue opinions for the faithful after questions based on Sharia law.
Tsitselilis K., (1999).
193
Κοτηάμπαςθ, (2001).
194
Βζργου, (2013), ςελ. 10-19.
195
Κοτηάμπαςθ, (2001).
43
account in accordance with the customs and the rules of the relevant religion, provided
that they are not in contrast with the public order.196 Nevertheless, contrasts may arise
through the coexistence of the Greek and the Islamic law, including the polygamy of
Muslims or the legal age of consent to marriage (especially the woman‟s age, which in
the Islamic law is 14).
197 198
Concerning the legal age of marriage, the Greek Civil Code requires judicial
permission for minors under the age of 18, but for the Muslims of Western Thrace it can
be claimed that the above permission belongs to the jurisdiction of the Mufti, because
apart from a religious authority, he is also a judicial one.199
Thus the jurisdiction
concerning the issues of family, marriage and divorce, belongs to him. Indeed, there are
cases in which the Greek courts recognized this jurisdiction in which there was lack of
court permission and the marriages were deemed valid.
Even though we accept that the legal age according to the Islamic law, is against
the legal age according to the Greek law, if there is no consent of the people to be
married or court permission there is an indisputable violation of the individual right to
freedom of consent to marriage, therefore, there is flaw in the marriage according to the
Greek Civil Code.
Apart from this, Greece is the only European country which recognizes and
respects in this way the Islamic law and in which the institution of ecclesiastical court is
legalized, violating basic rights of Greek Muslims. For this reason Greece was
condemned by the European Court in the past.200 Moreover, the judicial review of the
Greek courts relating to the jurisdiction of muftis is mostly typical. In fact, the Greek
courts do not control and do not review the jurisdiction of muftis in practice.201
What we can observe is a state within a state where the women are inferior and
suffer from inequality concerning their rights. The Greek legislation presents again a
196
Κοτηάμπαςθ, (2001).
Κοτηάμπαςθ, (2001)
198
Βζργου, (2013), ςελ. 10-19.
199
Βζργου, (2013), ςελ. 10-19.
200
Τερηισ, (2009). http://kostasxan.blogspot.nl/2009/11/h-e.html.
201
Τερηισ, (2009). http://kostasxan.blogspot.nl/2009/11/h-e.html.
197
44
loose legal framework giving fertile ground to the prolongation of the problem of early
marriages, given that the Islamic law permits it. Thus, the Sharia law should be repealed
or perhaps not entirely, but at least in relation to the legal age of marriage and the Muslim
minority should be part of the Greek legislation as is the case with all the Greek citizens,
on equal terms, or it should be harmonized more with the Greek legislation.
4.4 Penal Code
According to the Penal Code (article 121) the person who is of age between 8 and
18 years is considered a minor (the minors under the age of eight are not included in the
Greek Penal Code, because their behaviors are not considered to be punishable acts as
they do not have capacity of imputation).202
203
Article 324 refers to the kidnapping of
minors and according to it (paragraph 1) anyone who takes away a child from his parents
or anyone entitled to take care of him/her, or anyone who supports the voluntary running
away of a minor from his parents, is punished with imprisonment.
Articles 327 and 328 on involuntary and voluntary abduction respectively should
be mentioned, too. According to article 327, which refers to female victims, anyone who
with the intention of marriage kidnaps or illegally detains a woman without her consent
or a woman incapable of resisting for any reason, is punished, in case of contracted
marriage.
Article 328 refers to the voluntary abduction of an unmarried and minor woman.
Anyone who kidnaps or detains with the purpose of marriage a minor and unmarried
woman with her consent, but without the approval of the people who are her guardians or
who have the legal right to take care of her, is punished with imprisonment, even if he
intended to marry the woman. If the marriage has taken place, the prosecution starts only
after its annulment.
To conclude, the Greek Penal Code provides legal regulation and protection for
children regarding early marriage only in case of child kidnapping and voluntary or
involuntary abduction. The kidnapping may take place when a man wants to marry a girl
202
203
Κωςτάρασ, (2008).
Μπζκασ, (2005), ςελ. 115.
45
but he is poor, so neither does he have property to give dowry and “buy” the bride nor
does he have the approval of the bride‟s family. The same happens with abduction either
voluntary or involuntary granted that the consent of a child is not taken into account
because of the immaturity characterizing her age.
We observe another legislative gap in the Greek Penal Code. The latter does not address
the early marriage issue; there is no criminalization of child bride, of early marriage or
forced marriage. The early marriage does not exist at all as a notion in the Penal Code
while forced marriage is not a specific offence but it is “shared” in different punishable
acts. For example there are punishable acts such as the threat, the physical violence, the
use of deceptive means regarding the conclusion of marriage, the seduction of a minor
and the sexual abuse of a minor and so on. There is no provision which punishes directly
the legal notion of coercion.
4.5 Public policy aiming to counter child bride practice
In 1996, the Greek Government announced a Framework Program including a
variety of alleviative measures in order to help Roma to solve or address the difficulties
and the problems they are confronted with.204 The purpose of those measures was the
development of an organized policy which would counter Roma‟s social exclusion and
would promote their integration into the Greek society respecting their lifestyle, culture
and tradition.205 Therefore, the measures included issues of housing, education,
vocational training, provision of counseling services, health/hygiene and culture.206
The plan on the implementation of this program was the creation of a Policy
Council for Greek Gypsies, chaired by the Deputy Health Minister. Towards this end the
Department for Cross Cultural Education announced a program relating to the education
of Roma children based on an intercultural education.207Additionally, among other goals,
there was a study about Roma‟s housing problems and living conditions so as to suggest
permanent solutions including Roma‟s relocation to more human and appropriate
204
Alexandridis, European Roma Rights Centre (ERRC).
Alexandridis, European Roma Rights Centre (ERRC).
206
Alexandridis , European Roma Rights Centre (ERRC).
207
Alexandridis , European Roma Rights Centre (ERRC).
205
46
settlements.208 However, in this program there was not a direct plan or any explicit
measures for the purpose of confronting the early marriage problem.
Another program was the Integrated National Action Plan for the social inclusion
of Roma from 2002 until 2008.209 It was realized under the aegis of the Ministry of
Interior. The INAP falls within the National Action Plan for Social Integration of
Vulnerable Groups and was comprised in the effectual actions against social exclusion
and discrimination applying efficacious policy against social isolation. 210
The Integrated Action Program was mainly based on two axes. The first axe
included issues of housing and living conditions upgrade.211 The second aimed to offer
Roma empowerment, an impulse to social justice and social integration212 and access to
basic needs and services.213 Unfortunately, this program too did not refer to the specific
problem of child bride practice among Roma directly.
In a similar vein, another program in the frame of the Community Initiative equal
was the “Action for Equal Participation in Labor”.214 215 This constitutes a combination of
research and action that was completed in 2006.216 Its main aim was to discover ways to
cover educational needs of the Roma population through “social inclusion” and
afterwards to promote the social unity, solidarity, even their integration and
accommodation to jobs offering an upgraded quality of life.217 218
Nevertheless, the child bride phenomenon still exists among the majority of Roma
in Greece and the insufficiency of national representative surveys does not permit to
stamp precisely the reality of the early marriages‟ frequency. So again this program did
not manage to address and reduce the problem of early marriages.
208
Alexandridis , European Roma Rights Centre (ERRC).
Ziomas et al. (2011), p. 8-25.
210
Kolev et al., (2011), p. 60-70.
211
Ziomas et al. (2011), p. 8-25.
212
Kolev et al., (2011), p. 60-70.
213
Ziomas et al. (2011), p. 8-25.
214
Kolev et al., (2011), p. 60-70.
215
Ministry of Labour and Social Security, (2002).
216
Ministry of Labour and Social Security, (2002).
217
Kolev et al., (2011), p. 60-70.
218
Ministry of Labour and Social Security, (2002).
209
47
At this moment, the Greek government is promoting the policy of the Greek
National Reform Program219 2011-2014 in order to confront the problems relating to
Roma‟s poverty and social isolation, reporting:
“{A}s far as the social inclusion of Roma is concerned, a medium and long term
strategy is being processed entailing a threefold framework for their social inclusion: I)
horizontal actions of mainstreaming in policies, II) targeted measures at a national level
and III) targeted territorial actions. Currently, special programmes providing access to
education for Roma children are implemented, while 33 centres will provide social care
services to Roma population ranging from legal support to promotion into the labour
market.”220
The above program is based on the “Integrated Action Plan for the Social
Integration of Greek Roma” (IAP 2002-2008). So again it includes the main categories
for improvement such as the housing, education, employment and health avoiding the
mistakes of the previous implementations and strategies.221
It should be highlighted that all these actions concern the integration of vulnerable
groups including Roma targeting their social involvement, the access to school network
and the education in general in order to confront the high levels of illiteracy among them
and their low socioeconomic status as well. Finally, the incorporated national goal of the
Ministry of Labor according to the NRP is the decrease of people and children who suffer
from poverty and social exclusion by setting aside all the forms of discrimination.222
Unfortunately, the child bride problem is not referred to again as one of the main
issues that the Greek government should address. Indeed, there were no specific measures
included to tackle this problem in particular.
Concluding, although the Greek government has launched several (rather
unsuccessful) programs in the past to further the socioeconomic status of the Roma, none
219
National Reform Programme - Greece, (2013), p.50-55.
National Reform Programme– Greece, (2011), p. 53.
221
National Reform Programme - Greece, (2013).
222
National Reform Programme - Greece, (2013).
220
48
of these programs has explicitly (or even implicitly) aimed to counter child bride practice.
There were no specific measures included to tackle this problem in particular although it
could be the long-term result of improved education of the Roma population.
On the other hand, it should be taken into consideration that while Greece has
already tried to improve and reorganize the social policy system and all this procedure is
in progress, the problem of the socioeconomic crisis is still existent. The Greek
government should face, solve or improve numerous basic problems which directly
influence the core of society and the social value system and as a consequence the
problem of Roma. However, this may not be one of the priorities at the moment but it is
an issue that the government will be focusing on.
4.6 Civil society organizations
In Greece there is a small number of Non-Governmental Organizations dealing
with Roma issues, while most of them have a mixed composition; they generally struggle
with defense and promotion of their rights. Moreover, there are some NGOs which play
an important role in the policy, in favor of Roma, by taking considerable initiatives and
promoting different program. Also they cooperate with other international Organizations,
European Instruments and Institutions as well. However, there are complaints about the
NGOs exclusion from the national policies with relevance to Roma by the Greek
government.
4.7 Results of interviews
The two interviewees indicate that their NGO‟s mainly aim to record the Roma‟s
socioeconomic needs and epidemiological factors, to give proper information on the
importance of good health and hygiene by taking appropriate preventive measures and
information on the right use of public health services. They try to train and inform
doctors and public health services professionals on the right and fair treatment towards
Roma. Apart from this, they organize seminars and events in Roma communities, where
discussions take place providing information and emphasizing the important role of
education, whilst at the same time they try to participate in Roma‟s traditional and
49
cultural life in order to build a relationship based on trust. The combat of early marriages
does not lie at the center of the NGO‟s attention, at least not directly.
With regards to their opinion whether Roma have a positive attitude concerning
policies and law, they said that the majority are not aware of their rights and obligations
as Greek citizens in general, due to the high level of illiteracy and their traditional
uncompromising views on the social standards and lifestyle.
Additionally, when asked whether they believe that the Greek government lives
up to the international and European standards when it comes to the Roma population,
they answered that it is difficult to express a clear opinion as it is an issue which needs
study, although they think that the Greek government adopts plans and promotes policies
theoretically but in practice and during the implementation of measures it presents signs
of inability, delays and lack of organization for effective results.
Finally, in the last question which was about some recommendations for better
policies their response was that they believe the only solution is education. This is the
reason given to tackle the child bride phenomenon indirectly. It is thought that through
education, early marriages will be reduced; this is according to their past experience from
previous cases and studies that were conducted and discussed with researchers. Also they
recommended the training and education of Roma parents in order to help their children.
Finally, it was suggested that the government should motivate them in order to render
school/education more attractive.
Conclusion
To sum up, the Greek legislation provides a general protective legal framework
while it presents in a few points some gaps or flaws. For example, the Civil Code
prohibits the early marriage under the age of 18 while the court gives permission to
minors under exceptional circumstances. These exceptions are more general, creating
much discretion for the courts. These exceptions offer flexibility which may easily result
in permission, given that parties could make valid claims based on social and moral
reasons that may persuade the court.
50
In addition to this, the Penal Code does not address the early marriage issue
directly; there is no criminalization of child bride, of early marriage or forced marriage.
The early marriage does not exist at all as a notion in the Penal Code while forced
marriage is not a specific offence but it is “covered by different punishable acts. What is
more, the Islamic law constitutes one of the considerable flaws in the Greek legislation
because it permits early marriage creating an inequality among Greek citizens and
establishing a state within a state.
With regards to the Greek policy, the Greek government is willing to adopt plans
and indeed it promotes programs in order to confront the Roma‟s problems. On the other
hand, all these efforts and the Greek policy have a more theoretical dimension due to the
fact that in practice the Greek government is unable to fight and implement effective
regulations while it seems to be disorganized due to bureaucratic delays. Furthermore,
early marriages are not covered directly by these national plans.
51
Chapter 5: Conclusion
As mentioned before, early marriage disproportionately affects young girls all
around the world, also the Roma girls in Greece, who are much more likely to be married
as children than young boys.
Therefore, the research question of this thesis was as follows: 'Does the Greek
legislation and policy provide sufficient protection for child brides when it comes to the
Roma girls?' Additionally, the sub-questions were: What is child-bride practice? Who are
the Roma? Does the Greek legislation contain legal provisions concerning early marriage
amongst Roma girl population? Does the Greek legislation provide sufficient legal
protection? What are the Greek policy measures against the perpetuation of early
marriage?
Taking everything into account, child bride practice constitutes a form of
violation of children‟s basic human rights and liberties around the world because most of
the times it has the form of forced marriage. The immaturity is an important element
contributing to the conclusion that (most) early marriages are forced marriage.
Child bride, entails numerous negative impacts on children such as domestic
violence, abuse, denial of education and access to employment, health problems because
of early child bearing and sexual relations. Furthermore, the factors that contribute to its
existence are socioeconomic, cultural and religious with two of the most vital being
poverty and low levels of education. Concerning the prevalence of the problem, it has
been observed that child bride practice mainly occurs in the developing world and among
minorities in the developed world. The Greek Roma are one of those minorities.
The Greek Roma do not feel accepted by the Greek society. This rejection has
been prevalent for years through discriminations and social isolation. Although they are
officially considered as Greek citizens with equal rights, they do not use them because
they are not aware of them. The Greek social, political and educational system does not
help Roma substantially in order for them to integrate in the Greek society smoothly.
52
The Roma try to maintain their culture and traditions despite the difficulties they
are confronted with. They insist on getting married early and giving birth to many
children as the institution of patriarchal family and the custom of virginity are the most
important for their tribe, although this practice entails negative consequences for children
and women.
5.1 Greek legislation and policy on child marriages
It has been observed that the Greek legislation presents some gaps and laws in a
few points. Although the Civil Code prohibits early marriage under the age of 18, the
court gives permission to minors under “exceptional circumstances”. These exceptions
are, however, rather general, creating a loose framework which rests with the discretion
of the court. It could be said, that the provision referring to these exceptions, offers
flexibility. This flexibility may easily result in permission, given that different claims of
the parties could fit in social and moral reasons that may persuade the court. This implies
that Roma can use their moral traditions or convictions and their social structure in order
to ask for permission. Unfortunately, the court accepts this situation as a way to show
respect to those ceremonial reasons and their cultural diversity.
Concerning the presence of both partners during the ceremony of marriage, which
in Greek law provides evidence of the fact that both are consenting to the marriage at
hand, it could be questionable whether the element of the presence does indicate the
consent. There are situations in which the presence of the bride does not entail consent,
because there are numerous reasons and conditions under which this could happen. She
may, for instance, be present as a result of threat, extortion, term, et cetera.
Another problem is that many Roma are not legally married before the law at all
.Due to the fact that the majority of them gets married before coming of age, they cannot
marry under Civil law, because it prohibits marriages under the age of 18 (except for the
exceptions which permit the early marriage).As a result, changing the Civil code and
specifically the part of Family Law will not solve the problem with Roma child brides,
because they are not interested in legal marriages in the first place. From this perspective,
changing the Family Law may not solve the problem, because it would not affect the
53
majority of Roma. On the other hand, it is a way for Roma to be obliged to abide by the
laws.
Another factor which can further complicate the issue is the Sharia law, which
applies to the Muslim community in Greece. It constitutes one of the most notable flaws
in the Greek legislation because it permits
early marriage and contains different
provisions and regulations for the Greek Muslim women, creating an inequality among
Greek citizens and establishing a state within a state.
In addition to this, the Penal Code does not address the early marriage issue
either; there is no criminalization, of early marriage or forced marriage. Early marriage
does not exist at all as a notion in the Penal Code while forced marriage is not a specific
offence but is “covered” in different punishable acts. With regard to the Greek policy, the
Greek government is willing to adopt plans and indeed it promotes programs in order to
confront the Roma‟s problems. Nevertheless, all these efforts and the Greek policy have a
more theoretical dimension; in practice, the Greek government seems to be unorganized
so as to implement effective measures, due to bureaucratic delays. Last but not least, the
Greek policy does not include the definition and the direct solution of early marriage or
child bride problem in their plans. It does not address this practice classifying it as one of
the main issues they have to address regarding the Roma community.
5.2 Recommendations for the prevention of the early marriages
To begin with indicating some useful recommendations, the view of practitioners
and researchers who cooperate and deal with the Roma community should be firstly
taken into account. . Therefore, during the interviews about Roma‟s existent situation, the
representatives of the two NGOs referred to the practitioners‟ opinion from different
NGOs. They support that one of the best solutions to solve the problems of the Roma
community including early marriage practice, is the education of both Roma children and
their parents. Through research and personal experience they are convinced that the more
educated people are, the less they want to get married at an early age. An education based
on equality and diversity including and respecting Roma‟s cultural, tribal, linguistic and
identity attributes. For example, in my opinion, the Greek educational system should
54
include the teaching of Roma‟s language and history. Secondly specified teachers should
encourage the Roma children so as to make them feeling familiar with the school
environment.
Another recommendation is the development of a strong incentive which will
activate both parents and children and will constitute an alert, so as to awaken them. This
could be in a form of an attractive financial amount at the end of each school year which
will increase in due time and will actively encourage Roma to attend school. It is widely
known that financial incentives constitute a strong motive for Roma in order to follow
rules, policies or suggestions.
Although it is a policy which differentiates Roma children from non Roma, it is
not a discrimination against the latter. Additionally, it is necessary to favor vulnerable
groups, given that they already daily experience racism, and possibly provide them with
state benefits, in order to help them to fully or at least partially integrate in the society.
I agree that it is important to focus on education and to transform schools, and the
notion of teaching into a more attractive procedure, applying new methods and promoting
intercultural education. Thus, the training and preparation of teaching staff through
appropriate seminars is of great importance for this purpose. The modernization of
educational centers and the offer of a hospitable and familiar environment conducive to
learning would influence positively towards the decrease of dropouts, but also the rate of
illiteracy.
, From my point of view, government‟s policies are supportive, however, it is
identified that more ongoing, long term commitment and cooperation is needed on behalf
of the government and its organizations, bodies and instruments. Therefore, a strong
political will which will focus on the problems of Roma and will implement effective
measures is needed. More precisely, the state funding for public programs and NGOs
dealing with Roma should be ongoing and not interrupted by the government.
The NGOs believe in the framework of an Integrated Program that deals with
housing, education, employment health and social care, provided that the government
will implement the whole concept effectively. So they highlight that the Plan exists but it
55
is up to the government as to how it will handle the situation. Furthermore, the
government should place the appropriate instruments in the right position, monitoring and
evaluating their job, the efficacy of the implemented measures, their cooperation and
efficiency. One suggestion would be the recruitment of coordinators in specific regions
where Roma live. These coordinators will be responsible for the handling of all of the
issues regarding the program in cooperation with the government agencies.
Moreover, the creation of an “Advisory Board”
in which Roma experts and
representatives would be placed and have a consultative role providing useful
information to the governmental bodies concerning Roma, would be a helpful suggestion.
It should be mentioned that the Greek population should show tolerance and
solidarity The Greek Government needs the alliance of society in order to combat
discriminative attitudes and practices against Roma including social exclusion and
marginalization. Society itself should prepare a friendly and hospitable environment for
the Roma minority, free from unfair discriminations, conservative prejudices and violent
racist attacks and attitudes. Those behaviors that lead to the marginalization and
reproduce the same decadent situation, and separate the Greek society in two different
worlds, should stop. To this end, a number of campaigns and programs should be
promoted in order to sensitize and raise public awareness. The training, education and
advertising campaigns along with the support of social media projecting relevant
programs would be useful in order to prepare the Greek society to accept this diversity
and show tolerance.
It is obvious that the above recommendations mostly concern the Roma‟s daily
life and do not directly address the problem of early marriage. The truth is that the Greek
government and the NGOs are in support of plans, which will change the Roma‟s
philosophy on life and in the long run will affect their convictions about early marriage as
well. I also agree that their traditions cannot radically change in one day and due to their
lack of education it is difficult for them to accept radical changes, taking into account the
indiscipline characterizing their tribe. Nonetheless, this could happen through education
and with ongoing efforts and policies which would bear fruit in the long run.
56
Last but not least, the Greek legislation provides a legal framework for (early)
marriages in the Civil law, Family Law, Islamic Law, Penal law and of course in the
Greek Constitution. The Greek Constitution provides fertile ground for the establishment
of specific policies and legislative measures against the phenomenon of early marriages.
With regards to the Greek policy, the Greek government is willing to adopt Plans and
indeed it promotes programs in order to confront the Roma‟s problems, however, without
touching upon the issue of early marriages among the Roma in specific.
Recommendations with regard to Greek legislation and policy would be the following:
In the first place, I would suggest that the Greek government should abolish or put
more restrictions on the provision in the Civil Code about the exceptions regarding the
permission of early marriage.
By contrast, at this moment it offers a safeguard for the
perpetuation of this practice due to the fact that these exceptions are more general and
easily accepted by the court. Apart from this, the law should define more strictly and
narrowly the notion of the consent and abolish the provision which equates the presence
of the bride during the wedding as a consent.
Secondly, the void marriage can be remedied retroactively. This means that most
of the cases which concern void or voidable marriages can “find” legal framework in
order to be legalized later on. Thus, this provision including in the Civil Code should be
more limited with more restrictions regarding its implementation.
Thirdly, the Sharia law should be repealed or perhaps not entirely, but at least in
relation to the legal age of marriage and the Muslim minority should be part of the Greek
legislation as is the case with all the Greek citizens, on equal terms, or it should be
harmonized more with the Greek legislation.
Finally, the Penal Code should address the notion of early marriage and forced
marriage as one of its main provisions and not indirectly in sub-paragraphs. That means
that early marriage and forced marriage separately should be criminalized.
57
5.3 Thesis limitations
Unfortunately, I have only spoken to two NGOs, who mostly gave me
information on the Roma‟s life in general and did not focus on early marriage among
them. They also did not have specific recommendations and empirical findings. A reason
for this lack of information is because most of the NGOs dealing with Roma are in
Athens, which is far away from the city of my residence, and therefore could not be
reached. Moreover, I could not get in touch with representatives of the Roma community.
For all the above mentioned reasons, the thesis was mostly based on the literature
study and the interviews of the representatives of NGOs, who discussed their experience
with Roma as a tribe, their habits and their way of thinking
58
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http://www.unicef.org/esaro/African_Charter_articles_in_full.pdf.
Convention on the Elimination of All Forms of Discrimination against Women, (1979).
Retrieved from: http://www.ohchr.org/Documents/ProfessionalInterest/cedaw.pdf.
Convention on the Rights of the Child, approved on November 20, 1989. UNICEF.
Cornell University ILR School. This article is available at DigitalCommons@ILR:
Retrieved from: http://digitalcommons.ilr.cornell.edu/child/8.
The Constitution of Greece. As revised by the parliamentary resolution of May 27th 2008
of the VIIIth Revisionary Parliament.Hellenic Parliament. Editorial Committee: Kostas
Mavrias, Epaminondas Spiliotopoulos.
The Greek Civil Code. Retrieved from: http://o-dikigoros.blogspot.nl/2009/10/blogpost_8438.html. Last access 21-06-2014.
Κσζηάξαο Α.Π., (2008).Πνηληθόο Κώδηθαο θαη Δηδηθνί Πνηληθνί Νόκνη. Δθδόζεηο Αλη. Ν.
΢άθθνπια, Αζήλα-Κνκνηελή. (Kostaras A.P., 2008. Penal Code and Special Criminal
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