A/HRC/26/22
urged to establish national civil registration that is free, universal and accessible for the
birth registration of all children and to ensure that all marriages are registered by a
competent authority.25
C.
Right to equality and non-discrimination
16. As discussed below, child, early and forced marriage is now widely recognized as a
form of gender-based discrimination which disproportionately affects women and girls. The
rights to equality and non-discrimination are set forth in a number of international human
rights instruments.26 The Committees on the Elimination of Discrimination against Women
and on the Rights of the Child have both described forced and child marriage as a
manifestation of discrimination against women and girls, a violation of their rights and an
obstacle to the girl child’s full enjoyment of her rights. They have further highlighted that
the practice is perpetuated by entrenched adverse customs and traditional attitudes that
discriminate against women or place women in subordinate roles to men, or by women’s
stereotyped roles in society.27
IV.
Factors contributing to child, early and forced marriage
17. Empirical evidence shows poverty and insecurity as one of the root causes of child,
early and forced marriage. Although the proportion of child brides has generally decreased
over the last 30 years, child marriage remains common in rural areas and among the poorest
communities.28 In many communities, marriage is often perceived as a way to ensure the
economic subsistence of girls and women with no autonomous access to productive
resources and living in situations of extreme poverty. Marrying children can also have
economic advantages, such as lower dowries for younger brides. Families may agree to the
temporary marriage of their daughter in exchange for financial gain, also referred to as a
“contractual marriage”. Poverty may also encourage women to marry foreign nationals for
financial security, a practice which increases opportunities for trafficking in women.29
Research indicates that, in a limited number of countries, child, early and forced marriage
also takes place in wealthy families, where it is perceived as a means of preserving wealth
amongst families from the same socioeconomic class.
18. Child and early marriage is strongly associated with girls who have received little or
no formal education. Plan International in Egypt notes for instance that poor-quality
25
26
27
28
29
Save the Children submission, p. 6.
See the Universal Declaration of Human Rights, art. 7, the International Covenant on Civil and
Political Rights, art. 2, paras. 1 and 3, and the International Covenant on Economic, Social and
Cultural Rights, arts. 2, paras. 2 and 3. Article 16 of the Convention on the Elimination of All Forms
of Discrimination against Women places an obligation on States to take all appropriate measures to
eliminate discrimination against women in all matters relating to marriage and family relations. See
also Committee on the Elimination of Discrimination against Women, general recommendation No.
24 (1999) on women and health.
Committee on the Elimination of Discrimination against Women, general recommendation No. 19
(1992) on violence against women, para. 11. See also the following concluding observations of
human rights treaty bodies: Comoros (CRC/C/15/ADD.141); Costa Rica (CCPR/CO/75/YEM);
Denmark (CRC/C/15/ADD.141);Ethiopia (CRC/C/15/ADD.144); Guyana (CRC/C/15/ADD.130);
Malawi (CRC/C/15/ADD.174); Seychelles (CRC/C/SYC/CO/2-4); Algeria (CEDAW/C/DZA/CO/34); Bulgaria (CAT/C/BGR/CO/4-5); Iran (CCPR/C/IRN/CO/3); Mauritania (CAT/C/MRT/CO/1.
UNICEF, Committing to Child Survival: A Promise Renewed, Progress Report (September 2012).
Committee on the Elimination of Discrimination against Women, general recommendation No. 21.
7
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