A/HRC/35/5
rarely leads to criminal prosecutions. When criminal prosecution does take place, it can be
lengthy, costly and lead to further victimization. Furthermore, child survivors were reported
to have dropped cases for fear of criminal sanctions against their parents and family
members.
7.
It was recognized that the onus to initiate a procedure to declare a child, early or
forced marriage null and void falls mainly on the girls or women in question. However,
they are often unable to act owing to an overall lack of awareness of the procedure or the
unavailability of legal aid to support them in the process.
8.
The need to transfer the burden of reporting a risk of or an actual child or forced
marriage from the survivors to other individuals and professionals was repeatedly
mentioned as a critical step. The obligation to report on social, education, religious or
customary authorities, with clear sanctions for the failure to do so, had in some contexts
been successful. It was also stressed that the criminalization of child marriage could result
into the stigmatization of entire communities, and in some contexts alternative sanctions
should be explored. For example, this could include administrative or pecuniary sanctions
for local or religious leaders who attend or solemnize child marriage, or the
acknowledgement of any actions by public officials to address child or forced marriage
when they are considered for promotions.
9.
Participants stressed the need for comprehensive approaches to legal reform,
encompassing criminal and civil laws, to ensure adequate prevention of and redress for
child and forced marriage. Legislation should address some of the factors that lead families
to enter their children into a premature or forced marriage. Female genital mutilation, which
in some contexts is the first step towards child marriage, should be prohibited.
Discriminatory legislation limiting women’s freedoms and rights and, as a result, their
choices beyond marriage should also be eliminated. Efforts to address contradictions and
loopholes in the legal framework were also stressed as critical. For example, legislation on
statutory rape should not exempt married couples, as is currently the case in India.
Legislation and policies preventing access to sexual and reproductive rights information
and services for adolescents represent a barrier to efforts to prevent child marriage, for
example, in contexts like Latin America, where the main driver of child marriage is
unwanted pregnancies.
10.
Legal provisions that result in excluding married girls and women from support
should also be eliminated. Legal factors preventing women from seeking the annulment of
marriage should also be addressed, such as laws providing that married girls need to wait
until they reach a certain age to divorce or else they lose their rights to inheritance, which
may leave no choice but to remain in the marriage.
11.
It is of concern that legislative measures to prohibit child marriage are not
adequately coupled with protective measures, remedies and reparations, as this prevents
their successful enforcement. There is a need for better coordination of actions to prevent
child marriage, protect victims and ensure their access to services and remedies. It is
important for legislation to guide different government agencies so that all professionals
who come into contact with girls at risk can work together to support them, otherwise there
is a risk of inaction. Furthermore, it is important for legislation to specifically recognize the
services to which victims of child and forced marriage should have access. Monitoring and
evaluation of legislation was considered very weak in most countries, with no national
coordinating body in place in most cases.
12.
Experts stressed the importance of using the available legal framework in more
effective ways to protect girls and women from child and forced marriage, including laws
and provisions on sexual violence, domestic violence, child protection and witness
protection.
13.
The judiciary plays a key role in the proper enforcement of national and
international legal frameworks to protect women and girls from child and forced marriage.
For instance, in Niger, the United Republic of Tanzania and Zimbabwe, national courts
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