Forced marriage is prohibited and punishable under the terms established by law (Constitution, article 19). Article 103 of the Family Code states that “each fiancé must freely give his or her consent to the engagement, regardless of the parental consent required for minors”. The absence of consent is grounds for annulling the marriage (articles 138 to 145 of the Family Code).

This requirement to choose one's spouse freely is confirmed by the Family Code under article 138, which provides that vitiated consent, resulting from a misunderstanding or violence, is grounds for the annulment of the marriage. In addition, article 141 also provides that lack of consent renders the marriage absolutely null and void. The failure of one of the spouses to give his or her consent renders the marriage absolutely null and void (article 142, paragraph 1). Lastly, criminal penalties are in place to punish forced marriage.

CEDAW/C/SEN/3-7 para. 144 and Point 16.