A/HRC/26/22
51.
The continued presence of social pressure that views child, early and forced marriage
as a means to avoid pregnancy outside of wedlock and to maintain honour in cases of rape,
also remains a challenge.103 A small number of submissions received reported on efforts to
address stigma associated with sexual violence and women’s sexuality.
VIII.
Conclusions and recommendations
52.
Despite progress made, significant challenges remain in the adoption and
implementation of laws, polices and strategies to address the systemic and underlying
factors which allow the marriage of children to persist and prevent women from
marrying a spouse of their choice. Currently, legislation in 147 countries contains
exceptions permitting the marriage of children below the age of 18 and, even where
legislation is in line with international standards, the prohibition of child and forced
marriage is difficult to implement owing to a number of the challenges discussed
above, including cultural attitudes supporting the practice.
53.
Comprehensive and coordinated approaches are needed in order to effectively
address child, early and forced marriage. It is recommended that national policies and
strategies be developed and implemented with the involvement of relevant government
departments at the national and local levels, civil society organizations, including
women’s groups, religious and community leaders, national human rights institutions
and other relevant stakeholders, including legislators and the judiciary.
54.
Policy and protection measures, action and strategies should be guided by the
best interests of the child, be context-appropriate and in accordance with international
human rights standards. They should be part of broader efforts to promote equality
and eliminate discrimination against women and girls not only in access to education,
but also, inter alia, in the areas of employment, political participation, health, access to
inheritance, land and productive resources. Such policies and plans, as appropriate,
should encompass the following broad areas of focus:
(a)
Ensuring a national legal framework in line with international human
rights standards, including with regard to the age of majority and the legal age for
marriage for girls and boys, the prohibition of forced marriage and birth and
marriage registration;
(b)
Harmonizing national laws on marriage, including by amending existing
laws to remove legal obstacles faced by girls who seek the enforcement of national
laws on child marriage prevention or prohibition and legal remedies; removing
unreasonable legal requirements for formally ending a child marriage; and providing
access to remedies for those who leave a marriage;
(c)
Promoting girls’ access to high-quality education, in accordance with
relevant international standards, including tailored reintegration programmes for
girls who are forced to drop out of school owing to marriage and/or childbirth; the
provision of economic support and incentives to girls attending schools and to their
families has proven to be effective in allowing girls to pursue higher education and
delay marriage;
(d)
Promoting women’s economic empowerment and access to productive
resources, including by addressing discriminatory norms and practices in this regard.
103
Save the Children reported that, in Nepal, there were cases of suicide by girls who were separated
from their intended husbands (Save the Children submission, p. 5).
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents