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Servile marriage 2012, para. 38
- Paragraph text
- The persistence of such harmful practices recently prompted the Committee on the Elimination of All Forms of Discrimination against Women and the Committee on the Rights of the Child to work on their first joint general comment on harmful traditional practices, which is likely to be finalized in 2013.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 26
- Paragraph text
- Article 23 (2) of the International Covenant on Civil and Political Rights provides for the right of men and women of a marriageable age to marry and to found a family. Article 23 (3) provides that no marriage is to be entered into without the free and full consent of the intending spouses.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 91
- Paragraph text
- The work at the expert and regional levels has only led to limited recognition of the problems by intergovernmental United Nations bodies with a human rights or human rights-related mandate. The Commission on the Status of Women has called on member States to develop measures to prevent the labour and economic exploitation and sexual abuse of girls employed as domestic workers and ensure that they have access to education and vocational training, health services, food, shelter and recreation. The Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance urges States to pay special attention to protecting people engaged in domestic work (contained in A/CONF.189/12, para. 67). As part of the universal periodic review, a number of States have made recommendations to their peers to improve the protection of domestic workers. Such references to a serious, widespread and global human rights concern are far and between. There is nothing similar to the General Assembly's Declaration on the Elimination of Violence Against Women (resolution 48/104), which opened another socially constructed "private sphere" filled with human rights violations to the persistent scrutiny of the international community.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 53
- Paragraph text
- The practice of debt bondage is prevalent worldwide in numerous sectors of the economy and particularly affects people belonging to minority groups, including women, children, indigenous people, people of "low" caste and migrant workers. Poverty, the lack of economic alternatives, illiteracy and the discrimination that people from minority groups suffer leave them with no other option than to take a loan or advance from employers or recruiters to meet basic needs, in exchange for their work or the work of their families. People in debt bondage end up working for no wages or wages below the minimum in order to repay the debts contracted or advances received, even though the value of the work they carry out exceeds the amount of their debts. Furthermore, bonded labourers are often subjected to different forms of abuse, including long working hours, physical and psychological abuse, and violence. Debt bondage is prevalent in many countries, due to a failure by many Governments to implement effective legislation on debt bondage, including deficiencies in the areas of identification, release, rehabilitation, and the prosecution of offenders, and due to a lack of data on the prevalence of debt bondage, weak rule of law, social exclusion and discrimination.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 67
- Paragraph text
- 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.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 58
- Paragraph text
- South Africa has given individuals and couples the right to choose the law that should govern their marriage, enabling them to opt out of traditional systems (that they may feel are oppressive or discriminatory) in favour of a law based on the Convention on the Elimination of All Forms of Discrimination against Women. Such an approach should be further explored to ensure that all laws are brought into conformity with international standards (E/CN.4/2002/83, para. 9).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 43
- Paragraph text
- The leading cause of servile marriage is gender inequality, where girls and women are perceived, because of cultural or religious beliefs, to be commodities unable to make proper decisions about who and when to marry. Girls and women are forced to become brides because it is easier to control them and, in the case of girls, their virginity can be guaranteed and they have longer reproductive periods in which to produce more children.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 37
- Paragraph text
- In its general recommendation No. 21, the Committee on the Elimination of Discrimination against Women considers that the minimum age for marriage should be 18 years for both men and women. This age limit, which is in line with the definition of the child provided in the Convention on the Rights of the Child, is also reflected in article 21 of the African Charter on the Rights and Welfare of the Child.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 29
- Paragraph text
- Under article 5 of Convention on the Elimination of All Forms of Discrimination against Women, States parties are to take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 99
- Paragraph text
- [Domestic servitude is rooted in entrenched patterns of gender discrimination and discrimination on the basis of race, ethnicity and caste. At the heart of the problem is the fact that work in or for the household, whether paid or unpaid, is undervalued:] States should reinforce their efforts to implement the commitments agreed at the Fourth World Conference on Women in Beijing and the Durban Review Conference.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 68
- Paragraph text
- Stereotypes of the female domestic worker as the readily available target of sexual conquest, contribute to sexual abuse and exploitation. Control of the domestic worker's sexuality also extends to a denial of reproductive rights: domestic workers are very often unfairly dismissed if the employer suspects them of being pregnant. Legislation in many States tacitly endorses such violations by specifically excluding domestic workers from maternity leave and other protection awarded to pregnant women.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 14
- Paragraph text
- Employment patterns vary. In the Middle East and many Asian countries, domestic workers, women in particular, are typically expected to live in the employer's households. In Europe and a growing number of Southern American countries, a higher proportion of domestic workers live on their own, often working for more than one employer.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 103
- Paragraph text
- States should also increase and improve access to reproductive health services and information, in particular for girls and women, including access to family planning. Health information tailored to young mothers about proper nutrition and care for their health and the health of their babies should be made available. Access to reproductive health care for women and girls in urban and rural areas needs to be increased and improved by ensuring that adequate resources and health-care experts are available.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Infants
- Women
- Youth
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 72
- Paragraph text
- 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 insecure and submissive. Such abuse is accompanied by the other violations described below.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 84
- Paragraph text
- The Committee on the Elimination of Discrimination against Women, in its general recommendation No. 19 recognizes forced marriages as a form of violence against women. In addition, the Convention on the Rights of the Child call for States parties to protect children from physical, mental and sexual abuse and exploitation through legislation and other social and educational measures. The obligation to protect children from violence includes protection from parents and caregivers. Article 34 of the Convention requires that States parties protect children from sexual exploitation and abuse.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Families
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 35
- Paragraph text
- In its general recommendation No. 24, the Committee on the Elimination of All Forms of Discrimination against Women specifically recommends that States parties enact and effectively enforce laws that prohibit the marriage of girls. In its general recommendation No. 21, the Committee recognizes that forced marriage may exist as a result of cultural or religious beliefs, but maintains that a woman's right to choose a spouse and enter freely into marriage is central to her life and to her dignity and equality as a human being and that this must be protected and enforced by law.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 19
- Paragraph text
- Globalization has created unprecedented opportunities for corporations to extend their operations across national borders, including to developing countries, in order to source the cheapest products and maximize profit. The demand for cheap labour meets a ready supply of workers from vulnerable groups: indigenous people, minorities, those considered to be from the "lowest castes" and migrants, especially those in an irregular situation. Women workers are particularly vulnerable to exploitation in certain sectors given the nexus of gender discrimination and inequality.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 47
- Paragraph text
- Alongside such legislation, Governments should take all possible steps to prevent and address discrimination, as a key preventative strategy against debt bondage. Anti-discrimination legislation should be in place, and programmes that reduce vulnerability to exploitation should be targeted to populations commonly affected by debt bondage. Within such efforts, specific attention should be paid to removing barriers to access to education among children from vulnerable groups. In addition, addressing gender inequalities in society at large will help to reduce the number of women in debt bondage. Ensuring that women are given the same opportunities as men and that they enjoy equal rights at work is a key step in preventing them from becoming trapped in situations of debt bondage.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Men
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 42
- Paragraph text
- Gender inequalities and discrimination make women vulnerable to bondage, as they are often excluded from the labour market and consequently are involved in unskilled and poorly paid jobs. Furthermore, discrimination against children belonging to minority groups is a factor that limits their full access to education and thus increases their vulnerability to exploitation. Many bonded labourers, including women and children, face multiple and intersecting forms of discrimination, which significantly increases their vulnerability to debt bondage and at the same time limits their opportunities for escaping such abuse.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 41
- Paragraph text
- Bonded labourers commonly belong to minority groups vulnerable to discrimination, such as certain racial groups, women, indigenous people, people of "low" caste and migrant workers. The discrimination suffered by these groups frequently prevents them from accessing education, health care, clean water and credit. Furthermore, demands from bonded labourers for fair treatment, or their resistance to exploitation, often cause them to face social sanctions and boycotts that further restrict their possibility of overcoming discrimination or of leaving the situation of bondage. The discrimination faced by bonded labourers comes in some cases not only from society at large but also from other members of the same minority groups.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 12
- Paragraph text
- Domestic work is one of the largest service industries in the world, but it is among the least visible due to its location in the private sphere. Many women in domestic work find themselves physically and socially isolated and their right to organize is significantly restricted. Live-in workers are often expected to work 16-17 hours a day, frequently without a day off or vacation time. The work can be extremely taxing, including carrying heavy loads and handling toxic substances. Physical, emotional and sexual abuse occur in situations of domestic servitude. Employers often confiscate domestic workers' passports or identity papers and withhold their wages for "safe keeping", which makes it very difficult for them to leave their employment.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 87
- Paragraph text
- The right to non-discrimination on the basis of sex features in numerous international human rights instruments in relation to marriage. For example, articles 1 and 16 of the Convention on the Elimination of All Forms of Discrimination against Women call for the elimination of discrimination against women in all matters related to marriage and family relations. Article 2 of the Convention on the Rights of the Child recognizes the right of children to be free from discrimination, including on the grounds of age and sex. In cases where there is a difference between the minimum age for girls and boys to marry, however, the minimum age for girls is always lower than that for boys.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 46
- Paragraph text
- Family status depends on honour. In patriarchal and patrilineal societies, maintaining the honour of the family is a woman's responsibility. The concept of women as commodities and not as human beings endowed with dignity and rights equal to those of men is deeply embedded in these societies. Women are seen as the property of men and must be obedient and passive, rather than assertive and active. Any assertive behaviour is considered to be an element that would result in an imbalance of power relations within the parameters of the family unit (E/CN.4/2002/83, para. 27). UNICEF reports that in some countries, early marriages are regarded by families as a means of protecting girls from premarital sex that would undermine their honour and that of their families.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 34
- Paragraph text
- In 2005, the Parliamentary Assembly of the Council of Europe adopted resolution 1468 on forced marriages and child marriage. The Assembly defined forced marriage as "the union of two persons at least one of whom has not given their full consent to the marriage". It defined child marriage as "the union of two persons at least one of whom is under 18 years of age". Among other things, it urged the national parliaments of the Council of Europe member States to fix at or raise to 18 years the minimum statutory age of marriage for women and men, to make it compulsory for every marriage to be declared and entered by the competent authority in an official register, and to consider the possibility of dealing with acts of forced marriage as an independent criminal offence.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 31
- Paragraph text
- Article 21 (2) of the African Charter on the Rights and Welfare of the Child states that child marriage and the betrothal of girls and boys are to be prohibited and effective action, including legislation, is to be taken to specify the minimum age of marriage to be 18 years. Article 6 of the 2003 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa states that no marriage is to take place without the free and full consent of both parties, and requires States to enact appropriate national legislative measures to guarantee that the minimum age of marriage for women is to be 18 years.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 30
- Paragraph text
- Article 17 (2) of the American Convention on Human Rights guarantees the right of men and women of marriageable age to marry and to raise a family, and requires that no marriage is to be entered into without the free and full consent of the intending spouses. Under article 17 (3), the States parties are to take appropriate steps to ensure the equality of rights and the adequate balancing of responsibilities of the spouses as to marriage, during marriage, and in the event of its dissolution. Article 3 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women safeguards a woman's right to be free from violence in both the public and private spheres.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 27
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women contains specific provisions in relation to forced marriage (article 16 (1) (b)) and early marriage (article 16 (2)). Child marriages, which are unions that involve at least one partner below the minimum legal age of marriage, constitute a form of forced marriage as the child is not in a position to consent. Article 16 of the Convention specifies that the betrothal and the marriage of a child are to have no legal effect, and all necessary action, including legislation, is to be taken to specify a minimum age for marriage.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 21
- Paragraph text
- Studies have shown that an overwhelming majority of women in servile marriage were forced to be girl brides. According to the United Nations Children's Fund (UNICEF), the Niger has the highest occurrence of early marriage, followed by Chad, Mali, Bangladesh, Guinea, the Central African Republic, Mozambique, Nepal, Malawi and Ethiopia. Girls and women experience the same violations within a servile marriage and, unless otherwise stated, the violations discussed herein apply to both girls and women. Girls are, however, much more vulnerable to abuse given their lack of physical and emotional maturity.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 16
- Paragraph text
- From an early age, girls are brought up and viewed as commodities to be used to solidify family links and preserve honour, in addition to financial assets that can improve the family's economic status. Discriminatory attitudes within the family are reinforced in the community and throughout the girl's life. Complicity by other women in the family and the community strengthens the concept of women as property and embeds the perception that violence against female family members is to be tolerated and remedied privately within the family environment. From the beginning of the marriage, a spouse is treated not as an individual but as a commodity, given that his or her consent to the marriage is not required.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 66
- Paragraph text
- On the job, domestic workers are also confronted with gender-based discrimination. Stereotypical gender roles that assign domestic chores to the women of the family - who are expected to take care of them without reward, recognition or remonstration - are transposed to the professional context. This helps explain why domestic workers are often expected to be always available - notwithstanding labour standards on maximum working hours, rest days and vacation. Because domestic work was traditionally performed by female family members for free, many employers feel reticent to pay a serious salary for work they think should really cost no more than room, board and a measure of gratitude.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph