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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