A/HRC/21/41
killings and sexual slavery. In her report on her mission to Somalia, the Special Rapporteur
on violence against women concluded that although servile marriages occurred, especially
in rural areas, the lack of data made it impossible to ascertain the extent of the practice of
rape and early and/or forced marriages (A/HRC/20/16/Add.3, para. 24).
40.
According to the Special Rapporteur on traditional practices affecting the health of
women and the girl child, the practice of forced marriage deserved the close scrutiny of the
international community, as it would not be eradicated until women were considered full
and equal participants in the social, economic, cultural and political life of their
communities (E/CN.4/Sub.2/2005/36, para. 82).
41.
The Special Rapporteur on the human rights aspects of the victims of trafficking in
persons, especially in women and children, concluded that there was a clear recognition in
United Nations and regional agreements, as well as in national legislation, that many
women and girls around the world lived under conditions where, owing to harmful
patriarchal, traditional, customary and/or religious practices, they could not fully exercise
their human rights to marry or refuse marriage; to full sexual autonomy; to refuse
childbearing; to leave partners, including abusive partners, while retaining custody of their
children, and to do so safely and without legal, economic, social, political and cultural
repercussions (A/HRC/4/23, para. 38).
V. Root causes of servile marriage
42.
In the present section, the Special Rapporteur discusses the root causes of servile
marriage, which include strengthening family links, preventing unsuitable relationships,
protecting perceived cultural and religious ideals, protecting family honour and controlling
female behaviour and sexuality.
A.
Gender inequality
43.
The leading cause of servile marriage is gender inequality, where girls and women
are perceived, because of cultural or religious beliefs, to be commodities unable to make
proper decisions about who and when to marry. Girls and women are forced to become
brides because it is easier to control them and, in the case of girls, their virginity can be
guaranteed and they have longer reproductive periods in which to produce more children.
44.
Gender inequality also contributes to servile marriage through its impact on formal
legal systems. Although a woman’s right to choose if, when and whom to marry is
recognized in international human rights law, and although the Committee on the
Elimination of All Forms of Discrimination against Women and the Committee on the
Rights of the Child and other treaty bodies state that the minimum age of marriage should
be 18 years, several countries with high rates of early marriage also have unequal laws of
consent for boys and girls. Such laws reinforce and legalize the idea that marriage is
suitable for girls earlier than for boys. Patriarchal laws and practices give women and girls
less negotiating power around marriage and sexual and reproductive health and rights.
B.
Family honour
45.
In some communities, honour is connected with virtue, good works, righteous
behaviour and obligations to one’s parents, older persons and the community. Honourrelated killings have often been associated with religious beliefs. These, however, are
traditional or cultural practices. Among some Asian tribes, honour (or izzat) is associated
with the female body and therefore women and girls must be guarded, protected and passed
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