A/HRC/4/23
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D. Forced marriage as a reason for or as a result of trafficking in persons
31.
Forced marriage has, in fact, been recognized as a form of human trafficking. Forced
marriage can be used as a method of recruitment for the purpose of trafficking in persons,9 and
may be a result of trafficking in persons.
32.
At a regional level, for example, article 1 (5) of the 2002 SAARC Convention on
Preventing and Combating Trafficking in Women and Children for Prostitution states that
“‘[p]ersons subjected to trafficking’ means women and children victimized or forced into
prostitution by the traffickers by deception, threat, coercion, kidnapping, sale, fraudulent
marriage, child marriage, or any other unlawful means”.
33.
The United Nations Working Group on Contemporary Forms of Slavery recognized
forced marriage as a form of contemporary slavery, trafficking and sexual exploitation (see
E/CN.4/Sub.2/2003/31). In addition, article 1 of the Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956 states that
States parties shall abolish or abandon:
“…
“(c)
Any institution or practice whereby:
(i)
A woman, without the right to refuse, is promised or given in
marriage on payment of a consideration in money or in kind to her
parents, guardian, family or any other person or group; or
(ii)
The husband of a woman, his family, or his clan, has the right to
transfer her to another person for value received or otherwise; or
(iii)
A woman on the death of her husband is liable to be inherited by
another person;
“(d) Any institution or practice whereby a child or young person under the age
of 18 years, is delivered by either or both of his natural parents or by his guardian to
another person, whether for reward or not, with a view to the exploitation of the child or
young person or of his labour.”
34.
Various Governments and organizations provided the Special Rapporteur with examples
of different cases of forced marriage which have been recognized as taking place in the context
of trafficking in persons. The Government of Israel, for example, described how the Ministry of
the Interior and the Police recently identified several isolated instances of procurers who had
filed requests for family reunification with women from the former Soviet Union. The
relationships were of very short or almost no duration and there was a significant age difference
between the partners. It was suspected that the purpose behind such requests was to bring these
9
See the report of the Special Rapportuer on violence against women, its causes and
consequences, to the Commission on Human Rights at its fifty-third session (E/CN.4/1997/47).
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