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
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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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