A/HRC/21/41
sexually experienced men is, however, no guarantee that a girl will not be infected with
HIV. Studies in Kenya and Zambia show that married girls are more likely to be HIVpositive than their sexually active unmarried counterparts. 5
80.
Furthermore, isolation, marital rape and verbal abuse have serious long-term effects
on victims’ mental health.
D.
Violations of the right to education
81.
Education is considered to be the strongest predictor of the age at which a girl will
be married. According to UNICEF, in Nicaragua, 45 per cent of uneducated girls are
married before the age 18 of years, compared to 28 per cent of girls having completed
primary education, 16 per cent of girls having completed secondary education and 5 per
cent of girls having completed higher education. In Mozambique, approximately 60 per
cent of uneducated girls are married by the age of 18 years, compared to 10 per cent of girls
having completed secondary education and less than 1 per cent of girls having completed
higher education.6
82.
Girls are taken out of school and forced into servile marriage. The lack of education
or limited education seriously harms their opportunities and choices, making them
economically dependent on their husbands and vulnerable to poverty if their husbands die
or abandon or divorce them.3 Societies in which servile marriage takes place often value
boys more than girls.
83.
World Health Organization research also shows that women and girls with low
levels of education are at a greater risk of violence than better educated and older women. 7
The higher the levels of schooling for girls, the less they are at risk of servile marriage. In
the United Republic of Tanzania, women who attend secondary school are 92 per cent less
likely to be married before the age of 18 years than women who attend only primary
school.6
E.
Right to be free from physical, psychological and sexual violence
84.
The Committee on the Elimination of Discrimination against Women, in its general
recommendation No. 19 recognizes forced marriages as a form of violence against women.
In addition, the Convention on the Rights of the Child call for States parties to protect
children from physical, mental and sexual abuse and exploitation through legislation and
other social and educational measures. The obligation to protect children from violence
includes protection from parents and caregivers. Article 34 of the Convention requires that
States parties protect children from sexual exploitation and abuse.
85.
Domestic violence includes physical and sexual violence, and may be committed by
the wife’s spouse, in-laws or other family members. According to UNICEF, women and
girls who marry while aged under 18 years are less educated, more likely to experience
domestic violence and believe that their husbands are fully justified in beating them than
their peers who marry later.6 In Kenya, 36 per cent of girls who married while aged under
18 years believed that a man was sometimes justified in beating his wife, compared to 20
5
6
7
Shelley Clark, “Early marriage and HIV risks in sub-Saharan Africa”, Studies
in Family Planning, vol. 35, No. 3 (September 2004), pp. 149-160.
UNICEF, Early Marriage: A Harmful Traditional Practice (New York, 2005).
World Health Organization, Multi-Country Study on Women’s Health and Domestic
Violence against Women (Geneva, 2005). Available from
www.who.int/gender/violence/who_multicountry_study/en/.
15
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