A/HRC/35/5
have significantly contributed to eliminating the practice, either by declaring as
unconstitutional any provisions of laws on child marriage, 3 or by issuing protection orders
as preventive measures for persons at risk. However, frequently, inadequate knowledge and
application of the legislation by the judiciary represents an obstacle. In many places, the
judiciary does not consistently apply constitutional or human rights guarantees to protect
girls and women from child and forced marriage. In some contexts, the justice system is
negligent in enforcing the law on child marriage within minority communities, such as the
Roma community, on the pretext of respect for cultural practices. The need to assess
judges’ knowledge of national and international legislation on child and forced marriage
prior to their confirmations was stressed as a good practice to address this obstacle.
14.
Experts stressed how genuine and meaningful participation of stakeholders in lawmaking is inadequate. Legislation planned and implemented in a participatory and inclusive
manner has the potential to capture the complex multifaceted nature of child marriage and
better respond to the rights and needs of women and girls. For instance, involving girls at
the outset of legislative initiatives and using them as transformative agents to challenge
harmful laws have brought positive outcomes in Jordan, Kenya, Malawi, Zambia and
Zimbabwe. In Kenya, as a constitutional requirement, public participation in law-making
has allowed the involvement of influential actors into the drafting of the Child Marriage
Act. To ensure a broad participation, mobilization should take place both at the national and
grass-roots levels and involve different types of influencers and actors in the discussions,
including researchers, politicians, judges and human rights activists.
15.
The role of national human rights institutions in monitoring the existence of an
adequate legal framework and its enforcement was stressed. The 2014 Kathmandu Call for
Action to End Child Marriage supports monitoring the efforts of national human rights
institutions to promote accountability for violations of rights resulting from child marriage.
16.
Experts stressed the importance of subregional and regional policies and approaches
to guide legislative efforts in the area of child and forced marriage.
17.
More research on the issue of preventing the child and forced marriage of women
and girls with dual nationality was needed, as well as more emphasis on how to protect the
rights of girls in “informal unions”. The need to monitor the impact of legislation in rural
and urban areas was mentioned, including the actual capacities of girls and women to gain
access to legal remedies.
III. Impact of existing policy measures
18.
Experts referred to recent global and regional efforts to address child, early and
forced marriage, including the African Union Campaign to End Child Marriage and the
United Nations Population Fund and the United Nations Children’s Fund Global
Programme to Accelerate Action to End Child Marriage. 4 These programmes have
encouraged the adoption of national policies and strategies. While the programmes are
relatively new, there have been some efforts to assess their impact, for example, in
countries such as Chad, the Gambia, Ghana, Mozambique, Nepal, Uganda, Zambia and
Zimbabwe.
19.
A number of lessons have been learned from developing and implementing
strategies on child and forced marriage. In general, they have led to clear progress in
breaking taboos about the issues and garnering support for greater political will and civil
society mobilization.
20.
The process adopted in the development of national strategies, plans and policies has
proved to have had a considerable impact on the relevance of their content and the chances
of their successful impact. Strategies should be informed by mapping of hotspots and
3
4
4
In July 2016, the High Court of the United Republic of Tanzania ruled that laws allowing boys and
girls to marry at different ages, specifically allowing girls to marry under 18 years of age, were
discriminatory and unconstitutional.
Available from www.unicef.org/protection/57929_92681.html.
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