A/HRC/21/41
the age of 16 years.8 In 2009, Afghanistan enacted legislation on the elimination of violence
against women, in order to criminalize servile marriage and ensure that perpetrators were
brought to justice. The law does not, however, address how authorities should treat a
woman who runs away to escape the offences criminalized under the law. Consequently,
girls and women who flee servile marriage are arrested and often convicted of intent to
have sex outside marriage.
93.
Human rights violations taking place within a marriage may at best be seen as
isolated domestic violence cases and treated as such, disregarding the wider issue of
servitude within a home. In some countries, even in cases of marital rape or physical abuse,
the police or judiciary may show leniency to the perpetrators. For example, cases of acid
attacks either go unreported or, when reported, the attackers go unpunished.
B.
Family and societal pressure
94.
Many communities believe that girls should marry and can never divorce because of
cultural, religious and financial factors, among others. Consequently, families and
communities resist change. In addition, there is an overwhelming belief that events within a
family are private and should not be subject to outside interference. A wife who runs away
is not permitted to return to her family and, if she does, she will be stigmatized for having
left her husband, no matter how abusive the marriage. In some societies, it is believed that
the husband has every right to discipline his wife and that there should be no interference in
marital matters. The female spouse is often made to feel as thought she is at fault and must
learn to be a better wife (i.e. more subservient).
IX. Conclusions and recommendations
95.
The Special Rapporteur regrets that the issue of servile marriage has evolved
and been addressed in a fragmented way. A more comprehensive approach should be
taken by the Human Rights Council to allow for the better-informed, comprehensive
and strategic interventions that are required to put an end to the practice.
96.
Legislation should allow for marriages concluded under force to be made void,
annulled or dissolved without undue burden placed on the victims of such marriages.
97.
Programmes should be put in place to support the victims of servile marriage
by providing, for example, shelter (in some cases in the long term), legal assistance (in
particular for children who have been victims), financial compensation after divorce
and continuing education.
98.
Violations relating to servile marriage such as domestic servitude and sexual
slavery should be criminalized. Governments should also denounce and strengthen
laws regarding crimes committed in the name of honour. Victims or survivors of
honour crimes should not be placed in protective custody but instead provided with
long-term safe housing. Psychosocial services should be provided for victims, such as
community-based support mechanisms and services, including mobilizing the
community and raising its awareness of the consequences of the crimes, to help to
prevent future crimes and to assist with the reintegration of victims.
99.
In many countries with a legal minimum age for marriage, there are also
exceptions for girls below that age. Where exceptions exist, rigorous procedures must
be put in place to ensure that the marriage is in the child’s best interests. Private and
8
Available from http://afghanistan.unifem.org/media/pubs/08/factsheet.html.
17
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