A/HRC/26/22
for both girls and boys, prohibition of child and forced marriage, sanctions against the
perpetrators of child, early and forced marriage and implementation of compulsory
registration of all marriages.44 The Syrian Arab Republic, for instance, reported that a
ministerial committee, established to study articles in all Syrian laws which discriminate
against women and children, had proposed amendments to the legal age and prevention of
child, early and forced marriage.45 Sweden also reported that it was in the process of
strengthening legal protection against forced marriage and child marriage. The Committees
on the Elimination of Discrimination against Women and on the Rights of the Child have
welcomed instances of such progress in their recent reviews of States parties’ reports,
including those of Albania (CEDAW/C/ALB/CO/3), Azerbaijan (CRC/C/AZE/CO/3-4),
Benin CRC/C/BEN/CO/2), Egypt (CRC/C/EGY/CO/3-4), France (CRC/C/FRA/CO/4),
Guinea-Bissau (CRC/C/GNB/CO/2-4), Kenya (CEDAW/C/KEN/CO/7), Madagascar
(CRC/C/15/Add.218) and the Republic of Korea (CEDAW/C/KOR/CO/7).46
26.
Various States indicated in their responses that they have regulations on civil and
criminal remedies and other administrative regulations for victims of child and forced
marriage. For instance, in the United Kingdom Forced Marriage (Civil Protection) Act 2007
provides a specific civil remedy to prevent forced marriage and to assist victims where a
marriage has already taken place through a Forced Marriage Protection Order (FMPO).
Such Orders can include forbidding a person to be taken overseas, or ordering that they be
returned to the United Kingdom. An application for a protection order can be made by the
person at risk or a third party acting on their behalf.47 Other countries are considering
reforming their laws to provide specific remedies in cases of child, early and forced
marriage.48
27.
Many countries have also enacted laws which impose a criminal penalty for forcing
someone to marry or for performing marriages of persons below the age of 18. For example,
in February 2013, the Australian Parliament adopted the Slavery Act, which recognizes
“forced marriage as a serious form of exploitation and a crime, akin to a slavery-like
practice”.49 Under this Act, forced marriage offences carry a maximum penalty of four
years’ imprisonment, or seven years’ imprisonment for an aggravated offence. An offence
may be aggravated in several circumstances, including where the victim is under the age of
18. The offence of forced marriage applies to any person with a role in bringing about the
forced marriage, including families, friends, wedding planners or marriage celebrants.
Azerbaijan has also amended its criminal code to include forced marriage as a criminal
offence. In the United Kingdom, a parliamentary process is under way to introduce a
specific criminal offence of forcing someone to marry.50
44
45
46
47
48
49
50
10
Several countries have seen a rise in the number of birth registrations following the enactment of
legislation. For more on civil registration (including birth registration) and vital statistics, see Plan
International submission.
Submission from the Syrian Arab Republic.
Recommendations can be found at www.ohchr.org either in the treaty bodies database or on the
Committees’ own websites.
Submission from the United Kingdom of Great Britain and Northern Ireland. The protection orders
have proved useful in cases where the child is in imminent danger of being removed from the
jurisdiction for the purpose of marriage. An emergency protection order normally lasts eight days
with a possible extension of seven days, which buys the authorities time to apply for more long-term
protection, e.g., a care order. See also submission from Ruth Gaffney-Rhys, University of South
Wales.
Submissions from Switzerland and the Netherlands.
Submission from Australia, p. 3.
Submission from the United Kingdom.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents