A/HRC/26/22
47.
The absence of systematic free and compulsory marriage and birth registration in an
official registry and the absence of compulsory registration of customary and religious
marriages,94 have been identified as major stumbling blocks for the implementation of
existing child protection legislation.95
48.
Several States reported that marriages concluded under force might be voidable,
annulled or dissolved.96 However, civil society organization submissions indicate that in
many countries, victims of child, early and forced marriage face legal and practical barriers
to accessing remedial action. These barriers include time limitations on petitions for
annulment, economic constraints and the requirement that “a girl has the support of an adult
if she is still a minor” in order for her to submit a petition.97 Furthermore, laws that provide
only for civil remedies commonly place the onus on the girl herself to apply for annulment
of the marriage. In the United Kingdom for instance, calls have been made to abolish or
extend the time limit for lodging nullity petitions in order to protect the victims of forced
marriage, as many victims are married young and “lack the confidence to challenge their
situation” in the first years of marriage, which means that they will often be statute barred
from petitioning for an annulment.98
49.
Ensuring proper funding for organizations providing refuge for victims of child,
early and forced marriage is also a challenge. Women’s Aid, a United Kingdom-based CSO
which provides refuge to victims of domestic violence, including forced marriage, reported
turning away significant numbers of women on a daily basis owing to lack of space.99
50.
Concerning prevention, access to quality education for girls continues to be a major
challenge in many countries. Although various governments have made important progress
in improving access to education within the framework of their Millennium Development
Goals programmes, structural and systemic barriers, such as entrenched social norms
whereby parents frequently opt to invest in their sons’ education over their daughters’ and
considerable resource constraints mean that a large number of young people, particularly
girls, remain out of school.100 The Government of Ethiopia estimates that the number of
schools needs to be more than doubled to cope with the demand generated by the major
increase in primary enrolments over the past 15 years.101 Laws that prevent pregnant girls
from attending school, such as those in Papua New Guinea and Swaziland, mean that
married children’s access can be severely curtailed.102 The quality of education also
continues to remain a concern.
94
95
96
97
98
99
100
101
102
16
(Southall Black Sisters submission, p. 7).
See the concluding observations of the Committee on the Elimination of Discrimination against
Women on Botswana and Kyrgyzstan.
Plan International submission, p. 4. Plan International is supporting the development of an online
birth registration information system in Bangladesh, with the aim of preventing tampering with birth
dates to falsify the age of a girl at marriage.
In the United Kingdom, for example, victims of forced marriage have the option of petitioning for an
annulment rather than a divorce in view of the lesser stigma that is attached to annulment (submission
from Ruth Gaffney-Rhys, p. 1). In Switzerland, the Federal Council has launched a federal
programme against forced marriage which contains preventive measures for women and girls and
protective measures for those who have already been forcefully married. The programme will run
from 2013 to 2017.
Center for Reproductive Rights submission, p. 2.
Equality Now submission.
Submission from Ruth Gaffney-Rhys.
Plan International submission.
Ethiopia Welfare and Monitoring Survey, 2011.
Equality Now submission, p. 11.
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