A/HRC/4/23 page 22 Legislation and prosecution of forced marriage in the context of trafficking in persons, especially women and children (p) States include in their criminal-law provisions a specific offence of “forced marriage”, with penalties reflecting the seriousness of the crime. Such legal provisions should criminalize those who seek and procure women and girls for forced marriage, those who aid and abet the contracting of such marriages, as well as those who profit from the exploitation of the trafficked persons subjected to such marriages; (q) Criminal provisions, such as those pertaining to rape, sexual abuse and battering, also be invoked when prosecuting perpetrators of forced marriages because victims of forced marriages often suffer regular sexual, physical and other bodily and psychological violations committed by their spouses; (r) States must ensure that children under 18 years of age are not allowed to marry as this is inconsistent with international human rights norms and standards, that harmful traditional practices such as dowry and bride-price are made illegal, and that marriage by proxy, including over the telephone, and polygamy are strictly prohibited in law and policy.24 ----- 24 Dowries are for example, already prohibited in India (the Dowry Prohibition Act of 1961, amended in the 1980s) and Bangladesh (the Dowry Prohibition Act of 1980).

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