A/HRC/21/41
14.
Servile marriage affects both adults and children. Under international human rights
law, a child cannot provide informed consent to a marriage. The marriage is therefore
considered forced and falls under the slavery-like practices defined in the Convention.
International human rights law, including the Convention, requires that a minimum age for
marriage be established, with 18 years the recommended minimum age. The Special
Rapporteur acknowledges that, in some countries, the minimum age for marriage is lower
than 18 years. She also recognizes that, in some countries, exceptions are made for
marriage below the national minimum age. The Special Rapporteur strongly urges that
rigorous measures be taken in such situations to ensure that the rights of the child are in no
way violated by marriage.
15.
The violations that occur within servile marriage cannot be viewed only as acts of
violence against women and girls because, although the overwhelming majority of those in
servile marriage are girls and women, boys and men are also victims. Owing to gender
prejudices, it is often easier for boys and men to leave forced marriages, live as divorcees,
remarry and regain control of their lives, in particular because they are usually more
educated and can be financially independent. Girls and women are more vulnerable and
more likely to be sexually and physically abused. The Special Rapporteur focuses herein on
girls and women in servile marriage for those reasons and also because, whether by design,
error or omission, there is scant information available about the impact of servile marriage
on boys and men.
16.
From an early age, girls are brought up and viewed as commodities to be used to
solidify family links and preserve honour, in addition to financial assets that can improve
the family’s economic status. Discriminatory attitudes within the family are reinforced in
the community and throughout the girl’s life. Complicity by other women in the family and
the community strengthens the concept of women as property and embeds the perception
that violence against female family members is to be tolerated and remedied privately
within the family environment. From the beginning of the marriage, a spouse is treated not
as an individual but as a commodity, given that his or her consent to the marriage is not
required.
17.
Other slavery-like practices take place during servile marriage as the spouse usually
ends up in domestic servitude (see A/HRC/15/20) and sexual slavery (whereby she is
sexually exploited through the use or threat of force). Although commonly understood to
take place during times of conflict, sexual slavery can occur at any time and violates the
International Bill of Human Rights. National courts have acknowledged this concept. For
example, in United States of America v. Sanga, a man forced a woman to work as a
domestic maid for more than two years and to have sex with him. The United States Court
of Appeals for the Ninth Circuit unanimously held that she was a virtual slave, contrary to
the provision of the Thirteenth Amendment to the United States Constitution, under which
slavery and involuntary servitude were prohibited. Girls and women in servile marriage
have no choice but to perform the tasks expected of them, such as domestic chores, shop or
farm work and engaging in sexual intercourse with their husbands. If they refuse to do so,
or if their performance is unsatisfactory, they face physical, psychological and sexual
abuse.
18.
Victims of servile marriage are often unable to escape because their families and/or
the societies in which they live will not support them, whether for economic reasons or for
traditional, cultural and religious beliefs. Such beliefs and practices cannot, however, be
used to justify servile marriage. Under the Supplementary Slavery Convention, States
parties are to bring about the complete abolition or abandonment of slavery-like institutions
and practices, such as servile marriage. It does not provide for any exceptions in which
slavery may continue to exist. Evolving international law has confirmed that slavery is a
crime against humanity and, as such, no culture, tradition or religious practice can be used
to justify servile marriage.
5
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