A/HRC/4/23
page 21
(k)
The marriage-marketing trade be closely monitored and rigorous protection
mechanisms established for the persons concerned. The Special Rapporteur also urges
States to draft, adopt and implement legislation such as the law in the Philippines that
outlaws the activities of marriage brokers, and investigate networks and individuals that
organize trafficking in women and girls for the purpose of forced marriages;
(l)
States ensure that men who apply for visas for a foreign spouse undergo
background and criminal-record checks, and that the issuing of such visas be monitored in
order to identify men who have a history of serial forced or broker-facilitated marriages.
In some countries, non-governmental organizations and immigration authorities have
reported that a number of men who apply for visas for a foreign spouse have a long and
documented history of violence against women. Also, they may have applied for more than
one such visa. Women who entered the country as the spouses of these men have in many
cases ended up in shelters for battered women, and in some cases been deported.23
Protection and assistance of victims of forced marriage in the context of trafficking in
persons, especially women and children
(m)
States ensure that all girls are given equal access to education and
educational institutions, and enforce their right to education through mandatory measures
as well as through scholarships and tuition programmes, trust funds and other measures
that facilitate their education. This move for literacy should include legal and economic
literacy, which should be regarded as an important step in supporting not only the
returning victims of forced marriage, but also act as a catalyst for preventing the offence of
forced marriage;
(n)
States consider simplifying the nullification process for a forced marriage,
develop measures that enable victims of forced marriage, including in the context of
trafficking in persons, to sue perpetrators under the civil law for damages and, where
necessary, extend limitation periods for civil litigation and criminal prosecution of forced
marriages;
(o)
States support public authorities and non-governmental and
community-based organizations that already assist victims of domestic violence and sexual
assault, including immigrant women and children, and establish more facilities to protect
and assist victims of trafficking, including safe shelters that provide services such as
security, housing, legal advice, employment, education, health care, childcare and
relocation assistance for women and girls fleeing actual or threatened forced marriages.
These shelters should, together with appropriate consular and other authorities, assist in
the safe repatriation of those who have undergone forced marriages abroad, if desired;
23
Tove Smaadahl, Helene Hernes and Liv Langberg Drømmen om det gode liv: En rapport om
utenlandske kvinner gift med norske menn som måtte søke tilflukt på krisesentrerne i 2001 (Oslo:
Krisesentersekretariatet, 2002).
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