A/HRC/31/37
marriage should be 18 years and that the legal age of marriage should be the same for men
and women.33
32.
Correspondingly, child marriages as well as child betrothals — practices that
disproportionately affect girls — are prohibited under international human rights law and
when performed as a source of economic benefit or labour, such practices are considered
analogous to slavery.34 Marriage below the age of 18 should be allowed only in exceptional
circumstances, provided that the child is at least 16 years old and the process is subject to
judicial review.35
3.
Right to decide on the number and spacing of children
33.
The Convention on the Elimination of All Forms of Discrimination against Women
states that women have the same rights as men to decide freely and responsibly on the
number and spacing of their children (art. 16 (1) (e)). That right is reaffirmed in the
Convention on the Rights of Persons with Disabilities (art. 23 (1) (a)). In order to support
the exercise of that right, international law requires States to provide access to family
planning as part of health-care services.36 All individuals, including adolescents, have equal
rights to access sexual and reproductive health services and information. That requires
particular attention in order to prevent coercion and to remove third-party consent
requirements for women and adolescents to access those services.37
C.
Right to privacy and family life
34.
The Universal Declaration of Human Rights provides that no one shall be subjected
to arbitrary interference with his privacy, family, home or correspondence (art. 12). Similar
provisions are found in the International Covenant on Civil and Political Rights (art. 17 (1))
and in other United Nations instruments. 38 That right has been interpreted broadly to
encompass, inter alia, protection against forced evictions, demolition of homes or property,
destruction of traditional burial grounds and expulsion of foreigners. 39 The right to family
33
34
35
36
37
38
39
10
See Committee on the Elimination of Discrimination against Women, general recommendation No.
21, para. 36; Committee on Economic, Social and Cultural Rights, general comment No. 16, para. 27.
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery (1956), arts. 1(d) and 2.
See Committee on the Elimination of Discrimination against Women, general recommendation No.
21, para. 36.
International Convention on the Elimination of All Forms of Discrimination against Women, arts. 10
(h), 16 (1) (e), 12 (1) and 14 (2) (b); Convention on the Rights of the Child, art. 24 (2) (f); Convention
on the Rights of Persons with Disabilities, arts. 23 (1) (b) and 25 (a).
Committee on the Elimination of Discrimination against Women, general recommendation No. 21,
para. 22; and general recommendation No. 24 (1999) on women and health, paras. 17-18 and 23-28;
Committee on the Rights of the Child, general comment No. 4 (2003) on adolescent health and
development in the context of the Convention, para. 24; and general comment No. 15 (2013) on the
right of the child to the enjoyment of the highest attainable standard of health, para. 69.
See Convention on the Rights of the Child, art. 16; International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, art. 14; Convention on the Rights of
Persons with Disabilities, art. 22 (1).
See Committee on the Elimination of Racial Discrimination, general recommendation No. 30 (2005)
on discrimination against non-citizens, para. 28; and general recommendation No. 31 (2005) on the
prevention of racial discrimination in the administration and functioning of the criminal justice
system, para. 37; CCPR/C/BGR/CO/3, para. 24; CCPR/C/KEN/CO/3, para. 24; CCPR/CO/78/ISR,
para. 16; CCPR/C/60/D/549/1993/Rev.1, para. 10.3; also Committee on Migrant Workers, general
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