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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