A/HRC/4/23
page 20
(c)
States adopt marriage legislation that stipulates a minimum statutory age for
marriage of 18 years of age, and ensure that the legislation applies equally to women and
men. Such legislation should be compatible with international human rights standards and
the best interests of children must be a primary consideration;
(d)
States amend their immigration legislation so that victims of forced
marriages are not dependent upon their spouses for legal immigration status but can
obtain residence permits independently of their continued relation to their husbands.
Governments should recognize forced marriage, especially in the context of trafficking in
persons, as a condition giving rise to a claim of asylum based on gender-related violence
and other forms of human rights violations, and ensure that the women and girls
concerned are not deported;
(e)
States ensure that key actors such as law enforcement personnel, judges and
prosecutors, diplomatic and consular staff and immigration authorities are trained in the
legal, economic, cultural, social and other aspects of forced marriage in the context of
trafficking in persons, in how to identify, assist and protect victims, and in rigorous
prosecution of the perpetrators;
(f)
States develop and conduct public awareness campaigns relating to the
nature and harm of forced marriages in the context of trafficking in persons. Such
campaigns could target the public, community leaders, teachers, health-care personnel and
others, as well as women and girls vulnerable to forced marriages, and those who demand
women and girls for the purpose of forced marriages;
(g)
States ensure that persons holding dual nationality, who are more vulnerable
to forced marriage in the name of “protecting their individual ethnicity and tradition”, are
made aware of the laws on marriages of the countries in which they live and that forced
marriage is a form of violence and may also be a means or an end to human trafficking in
which the victim may be confined to a lifetime of exploitation;
(h)
Traditional, religious or cultural practices or domestic laws and policies
should not be used to justify violations of international human rights norms and standards.
Thus, customs, whether religious, cultural or traditional, should not be invoked to
legitimize forced marriages of any kind. Such marriages are inconsistent with
international legal principles;
(i)
States ensure that gender-disaggregated data on the incidence of forced
marriages internationally, regionally and nationally are collected, reported and compared
as part of crime, gender equality and migration statistics;
Measures that discourage the demand
(j)
In order to deter those who provide the demand for women and girls under
18 years of age for forced marriages, States put into place different preventive measures as
well as legislation that criminalizes the demand for forced marriages, especially in the
context of trafficking in persons, including the demand for so-called mail-order or Internet
brides;
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