A/HRC/21/41
19.
Reaffirming forced and early marriages as slavery-like practices is important as it
provides an understanding of the violations that victims endure and the kind of
interventions required to prevent, monitor and prosecute servile marriage. Victim protection
programmes can also be specifically tailored better to support victims of servile marriage. It
moves the discussion from being about the rights of women and girls to being about
abolishing slavery within communities.
20.
It is important to note the distinction between servile marriage and arranged
marriage. The Working Group on Contemporary Forms of Slavery was established by the
Economic and Social Council in its decision 16 (LVI) to monitor the existence of slavery
and the slave trade in all their practices and manifestations, including slavery-like practices
such as servile marriage. The Working Group believed that it was important to highlight the
distinction between forced marriage and arranged marriage. Arranged marriages, which
exist in many parts of the world, are based on the consent of both parties, whereas forced
marriages do not involve the consent of the parties or, at any rate, both of the parties. Any
duress in a marriage is a violation of internationally recognized human rights standards and
cannot be justified on religious or cultural grounds. The Working Group asserted that the
perpetuation of forced and early marriages was a result of gender inequality and lack of
both a culture of education for girls and of self-esteem.
21.
Studies have shown that an overwhelming majority of women in servile marriage
were forced to be girl brides. According to the United Nations Children’s Fund (UNICEF),
the Niger has the highest occurrence of early marriage, followed by Chad, Mali,
Bangladesh, Guinea, the Central African Republic, Mozambique, Nepal, Malawi and
Ethiopia.1 Girls and women experience the same violations within a servile marriage and,
unless otherwise stated, the violations discussed herein apply to both girls and women.
Girls are, however, much more vulnerable to abuse given their lack of physical and
emotional maturity.
IV. International legal framework on servile marriage
A.
International human rights instruments
22.
The Supplementary Slavery Convention prohibits any institution or practice
whereby a woman, without the right to refuse, is promised or given in marriage on payment
of a consideration in money or in kind to her parents, guardian, family or any other person
or group; the husband of a woman, his family or his clan, has the right to transfer her to
another person for value received or otherwise; or a woman on the death of her husband is
liable to be inherited by another person.
23.
The Convention implicitly prohibits forced early marriage. Under article 1 (d),
States parties are required to abolish any institution or practice whereby a child or young
person under the age of 18 years is delivered by either or both of his natural parents or by
his guardian to another person, whether for reward or not, with a view to the exploitation of
the child or young person or of his labour.
24.
To tackle the issue of forced and early marriages, under article 2 of the Convention
States parties are required to prescribe, where appropriate, suitable minimum ages of
marriage, to encourage the use of facilities whereby the consent of both parties to a
marriage may be freely expressed in the presence of a competent civil or religious
authority, and to encourage the registration of marriages.
1
6
The State of the World’s Children 2011: Adolescence – An Age of Opportunity
(United Nations publication, Sales No. E.11.XX.1).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents