A/HRC/26/22 States parties remove exceptions related to the minimum age of marriage and establish a minimum age of marriage for girls and boys, with or without parental consent, of 18 years.17 Similarly, the Committee on Economic, Social and Cultural Rights has recommended that States raise and equalize the minimum age for marriage for boys and girls.18 13. In 2012, the Committees on the Rights of the Child and on the Elimination of Discrimination against Women, together with the Special Representative of the SecretaryGeneral on Violence against Children, the Working Group on the issue of discrimination against women in law and practice, together with four other special procedures mandate holders, issued a joint statement calling on States to increase the age of marriage to 18 years for both girls and boys without exception, and stated that child marriage could not be justified on traditional, religious, cultural or economic grounds.19 14. The Human Rights Committee has indicated that the age for marriage should be such as to enable each spouse to give her/his free and full personal consent under conditions prescribed by law20 and that States should ensure that the minimum age complies with international standards and adopt active measures to prevent early marriage of girls.21 The Committee against Torture has recognized that child marriage may constitute cruel, inhuman or degrading treatment, particularly where governments have failed to establish a minimum age of marriage that complies with international standards.22 Several regional human rights instruments have similarly placed the obligation on States to undertake legislative and other measures to establish a minimum age of marriage of 18 years.23 15. The Committee on the Elimination of Discrimination against Women and other treaty bodies require States to register births and marriages as a means to facilitate monitoring of the age of marriage and to support the effective implementation and enforcement of laws on the minimum age of marriage.24 To meet this obligation, States are 17 18 19 20 21 22 23 24 6 Committee on the Elimination of Discrimination against Women, general recommendation No. 21 (1994) on equality in marriage and family relations, para. 36. See the concluding observations of the Committee on Economic, Social and Cultural Rights, on Mexico (E/C.12/MEX/CO/4); the concluding observations of the Committee on the Rights of the Child on Georgia (CRC/C/15/Add.124), South Africa (CRC/C/15/Add.122) and Costa Rica (CRC/C/CRI/CO/4). The four mandate holders were: the Special Rapporteur on the sale of children, child prostitution and child pornography, the Special Rapporteur on contemporary forms of slavery, its causes and consequences, the Special Rapporteur on violence against women and the Special Rapporteur on trafficking in persons, especially in women and children. Human Rights Committee general comment No. 19 (1990) on protection of the family, the right to marriage and equality of the spouses, para. 4. See also general comment No. 28 (2000) on equality of rights between men and women, para. 23. Concluding observations of the Human Rights Council on Uruguay (CCPR/C/URY/CO/5), Kuwait (CCPR/C/KWT/CO/2), Yemen (CCPR/CO/75/YEM), United Republic of Tanzania (CCPR/C/TZA/CO/4/Add.1), Islamic Republic of Iran (CCPR/C/IRN/CO/3). See the concluding observations of the Committee against Torture on Bulgaria (CAT/C/BGR/CO/4-5) and on Yemen (CAT/C/YEM/CO/2/Rev.1). African Charter on the Rights and Welfare of the Child (1999), art. 21 (2); Council of Europe Parliamentary Assembly Resolution 1468 (2005), para. 14.2.1; SADC Protocol on Gender and Development, art. 8 (2) (a). See concluding observations of the Committees against Torture, on the Rights of the Child and on the Elimination of Discrimination against Women, including on Yemen (CAT/C/YEM/CO/2/Rev.1), Afghanistan (CRC/C/AFG/CO/1) and Peru (A/57/38(SUPP)). See also recommendations made in the context of the universal periodic review, and Commission on the Status of Women (CSW) resolution 51/3, para. 1 (b).

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