A/HRC/21/41
61.
There are several practices in which girls are forced into marriage under the guise of
religious rites. For example, the Committee on the Elimination of Racial Discrimination has
noted the existence in India of devadasi, whereby a girl, usually a Dalit, is forced to marry a
deity and forced to have sex with members of the temple (CERD/C/IND/CO/19, para. 18).
The Committee on the Rights of the Child and the Committee on the Elimination of Racial
Discrimination have addressed the deuki system in Nepal, under which girls may be offered
to deities by their families or by wealthy people who buy girls from their parents to be
granted wishes or heavenly favours. The girl is then called a deuki and engages in
prostitution (CRC/C/15/Add.261, para. 67, and CEDAW/C/NPL/CO/4-5, para. 17).
62.
Other forms of ritual slavery in which a girl is given to a shrine and married to the
gods are practised in parts of West Africa. The girl is enslaved to atone for the real or
alleged sins of a male relative. There is a belief that gods often punish a person’s sin by
causing the deaths of family members until the sin is pardoned. Until the early eighteenth
century, livestock or other gifts were given to the priests in atonement. As girls could be
used as domestic help and as sexual partners, priests began taking young virgins as
reparation instead. A girl is expected to serve a priest for a certain period, depending upon
the severity of the crime and the policy of the shrine. The girl’s family can redeem her after
that period, but the priest demands a high price. If the priest dies, the girl becomes the
property of his successor. If the girl dies without her family redeeming her, her family is
obligated to replace her with another virgin, meaning that the cycle can continue for
generations. Enslaved girls and women are forced to live in inhumane conditions. They are
expected to work in the fields and the local market and also provide sexual services to the
priests. They are beaten into submission if they resist (E/CN.4/2002/83, para. 42).
VI. Forms of servile marriage
63.
As with domestic violence, it is difficult to obtain accurate figures of the numbers of
girls and women in servile marriage. Statistics for early marriage, however, can be used as
an indication. According to UNICEF, adolescent marriages (where one or both spouses are
below the age of 19 years) commonly occur in South Asia and sub-Saharan Africa. In those
regions, most marriages take place between the ages of 15 and 18 years.1 UNICEF suggests
that early marriages are often considered to be a way to protect girls, and even sometimes
boys, from sexual predation, promiscuity and social ostracism. In some communities,
parents perceive girls as wealth.
64.
A.
Described below are forms of servile marriage that women and girls experience.
Non-consensual marriage
65.
Non-consensual marriage is a form of marriage where one or both parties have not
consented. The lack of consent is the main principle underlying all forms of servile
marriage. In some instances, the law is used to justify non-consensual marriages. For
example, to protect the honour of a girl or woman, some countries can compel a rape victim
to marry her rapist if the rapist so agrees. In this situation, the rapist is pardoned. Although
these marriages purport to be consensual, fear of stigma and family pressure sometimes
coerce rape victims into consenting to them (see E/CN.4/2002/83). Recently, the
Working Group on the issue of discrimination against women in law and in practice
reported the case of Amina Filali, a Moroccan woman who committed suicide after
allegedly being forced to marry her rapist. Article 475 of the Moroccan Penal Code
provides that a kidnapper or seducer of a minor girl may be acquitted of rape if he marries
her (A/HRC/20/28/Add.1, para. 24).
12
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