A/HRC/21/41
53.
To help to reduce servile marriage, the Government of India launched conditional
cash transfer initiatives to provide incentives to families to delay their daughters’ marriages.
The “Apni beti apna dhan” (“Our daughter, our wealth”) programme was established by the
local government of Haryana to issue long-term savings bonds redeemable on a girl’s
eighteenth birthday, provided that she is unmarried.
D.
Conflict
54.
Conflict and post-conflict situations have also contributed to an increase in servile
marriage, given that girls and women recruited or abducted by armed groups have been
forced to marry combatants. Armed groups such as the Lord’s Resistance Army have been
found to force girls into servile marriage in the Central African Republic, the Democratic
Republic of the Congo and South Sudan (see S/2012/365).
55.
As mentioned above, the issue of servile marriage in conflict was recently
highlighted by the adoption of a landmark judgement by the Special Court for Sierra Leone
in Prosecutor v. Brima et al, in which it recognized forced marriage as a crime against
humanity under international criminal law for the first time.
E.
Cultural and religious practices
56.
Cultural relativism is often given as an excuse for slavery-like violations such as
servile marriage and sexual slavery committed against women and girls. Societies that
permit servile marriage are based on an overwhelming fear of female sexuality and
culturally believe that it should be curtailed and regulated.
57.
In Sindh, a province of Pakistan, the custom of swara is practised, by which women
are used as commodities to settle disputes between clans and tribes. They are either forced
to marry the men from the receiving tribe or used by them as sex slaves. This form of
servile marriage continues to occur even in the face of legislation prohibiting this practice
and the upholding of that legislation by the Supreme Court of Pakistan (see
EGM/GPLHP/2009/EP.14).
58.
South Africa has given individuals and couples the right to choose the law that
should govern their marriage, enabling them to opt out of traditional systems (that they may
feel are oppressive or discriminatory) in favour of a law based on the Convention on the
Elimination of All Forms of Discrimination against Women. Such an approach should be
further explored to ensure that all laws are brought into conformity with international
standards (E/CN.4/2002/83, para. 9).
59.
In many countries, there is a widespread belief, which also finds expression in law,
that a husband is entitled to sexual intercourse and may insist on this entitlement by force.
There is a growing trend by countries to repeal such laws, however. For example, Ghana,
after much public debate and consultation with stakeholders, amended its legislation in
order to protect women from marital rape and enacted new legislation criminalizing
physical, sexual and physiological abuse, intimidation, threats and harassment between
spouses, other intimate partners and former partners, among others (A/HRC/7/6/Add. 3,
paras. 37 and 74).
60.
As a result of cultural beliefs, girls and women with dual nationality are sometimes
abducted by their families from one country and forced to marry men from their parents’
country of origin. This has happened in the United Kingdom to women from Asian diaspora
communities. The Governments involved have worked through consular assistance and
judicial proceedings to provide victims with effective remedies. In 2005, the United
Kingdom set up a forced marriage unit under the Foreign and Commonwealth Office and
the Home Office to tackle the issue.
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