A/HRC/21/41
B.
Sale of wives
66.
The sale of wives, a practice by which a woman is forced to marry several times so
that her family acquires money or property, has been reported in Europe, Asia and Latin
America (E/CN.4/2002/83, para. 59).
67.
The sale of wives also manifests itself in the form of mail-order marriages and paper
marriages. In the case of mail-order marriages, women from developing countries in East
and South Asia, Eastern Europe and Latin America advertise themselves in newspapers,
magazines and on the Internet for marriage outside their countries of origin, usually to men
in developed countries. In many instances, the women are economically vulnerable and
advertise themselves in the hope of improving their economic situation.
68.
Upon the recommendation of the Commission on Human Rights, a report on
abolishing slavery and its contemporary forms was published in 2002 by the Office of the
United Nations High Commissioner for Human Rights. In the report, it is stated that women
who leave their families to marry a man in a foreign country that they have not previously
visited are vulnerable to a wide range of forms of exploitation prohibited by existing
international standards. The involvement of commercial agents in organizing marriages
does not in itself appear to be unacceptable, but if the agent makes payments to the bride’s
parents or others, the arrangement would come close to infringing the prohibition on the
sale of women for marriage in the Supplementary Slavery Convention. As brides in a
foreign country, the women’s vulnerability is increased by the fact that they have no family
or friends to support them if they require assistance. In addition, in some countries
obtaining the right to residency as a spouse is a long, drawn-out process that may take
years. A wife who leaves her husband is unable to seek assistance for fear of deportation or
imprisonment.
69.
Paper marriages are those in which the marriages take place officially, often for the
woman to obtain a residency permit, but the man and woman do not live together
subsequently as husband and wife. The wife is often made to earn money for a third person
through income-generating activities such as prostitution.
C.
Wife inheritance
70.
In societies in which women are considered vulnerable because they have no male
protectors, the levirate, a custom by which a man may be obliged to marry his brother’s
widow, can be used to expose a widow to mental, physical and sexual abuse in the name of
tradition. Most recently, the practice has been highlighted by the Committee on the
Elimination of Discrimination against Women as an issue to be addressed in the Congo
(CEDAW/C/COG/CO/6, para. 15).
VII. Impact of servile marriage on girls and women
71.
If a woman refuses marriage, she can be subject to character assassination or
kidnapping by the man or his family to force her into marriage or to rape her. Bride
kidnapping, a practice by which a bride is forcefully abducted and married, sometimes
occurs in Kyrgyzstan and is often accompanied by physical and sexual violence
(CEDAW/C/KGZ/CO/3, paras. 21 and 22). In many cases, girls and women endure years of
constant abuse that sometimes leads to death at the hands of their relatives, their husbands
or their husbands’ families. Girls and women are also encouraged or forced by their
husbands or their husbands’ families to commit suicide.
72.
Often overlooked is the psychological pressure placed on the girl or woman because
of constant criticism and verbal abuse from her husband or his family, which makes her
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