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Priorities of the new mandate holder 2014, para. 28
- Paragraph text
- Another key area of focus of the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, is child and forced marriage. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery obligates Member States to take all "practicable and necessary legislative and other measures to bring about progressively and as soon as possible the complete abolition or abandonment" of, inter alia, any institution or practice which amounts to forced marriage, such as when a woman, without the right to refuse, is promised or given in marriage on payment to her parents, guardians, family or another person or group; when a husband, his family or his clan transfers his wife to another person for value received or for any other reason; or the inheriting by another person of a woman on the death of her husband (see art. 1). Early and forced marriage can, under certain circumstances, constitute servile marriage or result in domestic servitude or other forms of slavery. The previous mandate holder drew links between child marriage and slavery, and pointed out that Member States were obliged to prohibit and eliminate slavery as a non-derogable and fundamental principle of international law. Child marriage is linked to the thematic issues of trafficking for forced labour, commercial sexual exploitation, migration and contemporary forms of slavery, which reinforces the need for cooperation among the respective mandate holders as part of a comprehensive multi-agency and multi-stakeholder effort to eradicate those practices from society, as women and girls in child and forced marriages may experience conditions within the marriage that meet "international legal definitions of slavery and slavery-like practices", including forced labour. Furthermore, "a potentially high proportion of child marriage cases appear to constitute the worst forms of child labour under the 1999 ILO Convention No. 182."
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 18
- Paragraph text
- At the regional level, States' obligation to eradicate contemporary forms of slavery is enshrined in a number of human rights instruments. Under article 4 of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, slavery, forced labour and servitude are prohibited. In article 5 of the African Charter on Human and Peoples' Rights, it is stated that, inter alia, slavery and slave trade shall be prohibited. The African Charter on the Rights and Welfare of the Child, in its article 15, enshrines the protection of children from all forms of economic exploitation and from performing any hazardous work. Slavery, involuntary servitude, slave trade and traffic in women, as well as forced labour, are prohibited under the American Convention on Human Rights (art. 6). In article 10 of the Arab Charter on Human Rights all forms of slavery, servitude and forced labour are prohibited.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 23
- Paragraph text
- In agriculture, contemporary forms of slavery have reportedly occurred in many countries, involving crops such as sugar cane, cut flowers, fruit and vegetables, tropical nuts and commodities, for example, palm oil, cotton, cocoa, tobacco and beef. Production in the sector often relies on temporary or migrant labour and is characterized by complex contracting and subcontracting chains, as well as smallholder farming in some cases. Much of the work on remote farms and plantations is typified by excessive working hours, lack of compliance with labour laws, weak or non-existent labour inspections and corruption. Competition to produce at the lowest cost enhances the risk of contemporary forms of slavery being involved in agriculture, especially debt bondage in impoverished rural communities and among vulnerable categories of workers, such as indigenous people, minorities, migrants, women and children.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Priorities of the new mandate holder 2014, para. 23
- Paragraph text
- In addition to children in domestic servitude and other forms of slavery, the Special Rapporteur is concerned about the uneven implementation, and in some areas retrogression, of the human rights of women as guaranteed under international law, including the Convention on the Elimination of All Forms of Discrimination against Women. Women are disproportionately affected by forced labour. Of the estimated 21 million people in situations of forced labour, 11.4 million (55 per cent) are women and girls.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 28
- Paragraph text
- Domestic slavery, alongside other forms of slavery, still exists in parts of the world, notably in certain countries of the Sahel region of Western Africa. The 1926 Slavery Convention (art. 1) defines slavery as "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised". Slavery still exists in certain sectors of society in Mauritania, even though the Government has outlawed and criminalized the practice (see A/HRC/15/20/Add.2). Women and children in particular end up in domestic slavery. They must work from before sunrise to after sunset, caring for the master's children, fetching water, gathering firewood, pounding millet, moving heavy tents and performing other domestic tasks. Besides exploitative living and working conditions and frequent physical and sexual abuse, the specific nature of slavery manifests itself by the fact that the victim and her children are considered to be their master's property and can be rented out, loaned or given as gifts to others.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 43
- Paragraph text
- Forced marriage combines sexual exploitation with domestic servitude. The victims are forced to perform household chores in line with gendered stereotypes, while submitting to their husbands' sexual demands. The link between forced marriages and servitude is explicitly recognized by article 1 (c) of the 1956 Supplementary Convention on Slavery, which considers women to be persons of servile status if they have been subjected to: "Any institution or practice whereby: (i) A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group; or (ii) The husband of a woman, his family, or his clan, has the right to transfer her to another person for value received or otherwise; or (iii) A woman on the death of her husband is liable to be inherited by another person."
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 51
- Paragraph text
- Physical and psychological abuses reinforce dependency and, in extreme cases, become the very cause of domestic servitude (rather than a mere consequence). A domestic worker may, for instance, be subjected to abuse so severe that a psychological dependency on the perpetrator ensues (a phenomenon known as the "battered women syndrome" in the domestic violence context). The victim may be systematically beaten, insulted, humiliated and belittled to force her to submit to excessive working hours, unpaid overtime on rest days, etc.. Such abuse can reinforce other patterns of learned submission based on caste, ethnic or gender discrimination. Sexual violence, ranging from sexual harassment to repeated rape or the threat of trafficking into forced prostitution, is also employed as a tool of subjugation. The Special Rapporteur also received numerous reports of domestic workers being threatened with denunciation for crimes they did not commit if they complained about exploitative working conditions.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 52
- Paragraph text
- In a number of countries, the authorities become involuntary accomplices to exploitation and servitude by allowing, or even requiring, employers to restrict the freedom of movement and residence of migrant domestic workers or systematically failing to enforce relevant prohibitions. In Saudi Arabia, for instance, the Special Rapporteur on violence against women, its causes and consequences, noted that, contrary to an official Government decision, migrants systematically had their passports and residency permits taken away from them, causing some to end up in slave-like conditions. Jordanian legislation on domestic workers, despite being very progressive in other respects, still requires migrant domestic workers to live with their employer and seek his permission to leave the home - even during their time off.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 55
- Paragraph text
- Reporting on domestic slavery, the Council of Europe has highlighted the structurally similar case of women in arranged transnational marriages, also referred to as "mail-order brides". Faced with an unfamiliar partner and sociocultural context, such women can easily find themselves in situation of abuse, exploitation, and, in extreme cases, domestic and sexual servitude. Their visa status typically depends on the continuation of the arranged marriage for at least a certain number of years. In order to lessen dependencies, some countries have created a special legal residence status for divorced or separated migrant women who can prove that they were severely abused or exploited by their partner.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 56
- Paragraph text
- Domestic work also draws in many women and girls with irregular migration status, because it is less visible, usually provides cash payment and, in many cases, a place to stay. Women in such situations usually fear reporting exploitation to the authorities, especially where criminal investigations and the enforcement of labour standards are linked to immigration control. Domestic workers without papers include women who should qualify for asylum or other protected status, but face deportation because States fail to respect their international obligations not to subject to refoulement persons who would face persecution or torture upon their return. Victims of gender-based persecution - e.g. women at risk of "honour" killings - are also prone to becoming undocumented migrants vulnerable to exploitation, because national authorities fail to recognize such persecution or unrealistically assume that the victim has "internal flight alternatives" in her country of origin.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 72
- Paragraph text
- Caste-based discrimination, found in various cultural contexts, and domestic servitude are linked. In South Asia, so-called "untouchables" (dalits) and certain indigenous communities make up the vast majority of people in domestic bonded labour, which is a form of domestic servitude. Moreover, specific types of degrading domestic chores are specifically associated with lower castes and linked to exploitative conditions. In certain States in India, despite a long-standing Government campaign to eradicate the practice, many dalit women reportedly still have to engage in "manual scavenging": because of their caste they are expected to take care of scraping human excrement from dry toilets in private households or public places.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 90
- Paragraph text
- At the regional level, the Council of Europe has shown leadership in taking up the issue. In its recommendation 1663 (2004) on domestic slavery, servitude, au pairs and "mail-order brides", the Parliamentary Assembly of the Council of Europe expressed dismay that slavery still exists in Europe, while highlighting that "today's slaves are predominantly female and usually work in private households". Human rights bodies of the African Union and the Organization of American States have addressed concerns relating to domestic workers. From 17 to 18 June 2010, the Special Rapporteur participated in a major conference on trafficking for the purpose of domestic servitude organized by the Organization for Security and Co-operation in Europe.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Manifestations and causes of domestic servitude 2010, para. 92
- Paragraph text
- Although the victims are largely invisible, domestic servitude constitutes a global human rights concern. Every region in the world is affected. Domestic servitude takes many shape and forms, ranging from slavery as understood by the 1926 Slavery Convention to slavery-like practices, such as bonded domestic labour and child domestic labour. Millions of women and girls, pursuing the opportunities that domestic work provides, while providing a valuable contribution to society, are at risk because their rights, equal human dignity and autonomy are not adequately protected.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 52
- Paragraph text
- Children working in the mines and quarries are vulnerable to physical, sexual, moral and social harm. Artisanal mining and quarrying is inherently informal and illegal -as either it costs too much to get the legal permit to mine or there is no need to get a permit as the law is not enforced. These "frontier communities" are riddled with violence, crime, trafficking in young girls and women for sexual exploitation, prostitution, drug and alcohol use (ibid.). There have been reports that children are given drugs so that they are able to fearlessly extract minerals underground or underwater. Children also take drugs and alcohol in the belief that it makes them stronger and as a result of peer pressure. The drug abuse (particularly amphetamines and marijuana) and alcohol (commercial and/or local brew) destroy their health and keep them in the vicious circle of poverty. Children who arrive alone to work in this sector are even more vulnerable to abuses (see A/HRC/18/30/Add.2).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Poverty
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Youth
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 85
- Paragraph text
- Another successful ILO example is the programme for the prevention and progressive elimination of child labour in small-scale traditional gold-mining in Latin America, which had regional, national and local components and was aimed at contributing to the elimination of child labour in small-scale mining in the Plurinational State of Bolivia, Ecuador and Peru. Successful intervention elements identified included: the establishment or improvement of social services, such as education services for children and health services for all the population; improvement of the technology for mining exploitation and health conditions and job security; giving impetus for micro-enterprises for mothers/fathers of children that had been working in mining and creation of income-generating alternatives for women; creation and strengthening of grass-roots organizations, and giving impetus to a local development processes with the participation of various actors.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 90
- Paragraph text
- The Special Rapporteur recommends that States ratify fully and implement all relevant international legal instruments to prevent child slavery such as the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, the Convention on the Rights of the Child, the Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 15
- Paragraph text
- The violations that occur within servile marriage cannot be viewed only as acts of violence against women and girls because, although the overwhelming majority of those in servile marriage are girls and women, boys and men are also victims. Owing to gender prejudices, it is often easier for boys and men to leave forced marriages, live as divorcees, remarry and regain control of their lives, in particular because they are usually more educated and can be financially independent. Girls and women are more vulnerable and more likely to be sexually and physically abused. The Special Rapporteur focuses herein on girls and women in servile marriage for those reasons and also because, whether by design, error or omission, there is scant information available about the impact of servile marriage on boys and men.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 17
- Paragraph text
- Other slavery-like practices take place during servile marriage as the spouse usually ends up in domestic servitude (see A/HRC/15/20) and sexual slavery (whereby she is sexually exploited through the use or threat of force). Although commonly understood to take place during times of conflict, sexual slavery can occur at any time and violates the International Bill of Human Rights. National courts have acknowledged this concept. For example, in United States of America v. Sanga, a man forced a woman to work as a domestic maid for more than two years and to have sex with him. The United States Court of Appeals for the Ninth Circuit unanimously held that she was a virtual slave, contrary to the provision of the Thirteenth Amendment to the United States Constitution, under which slavery and involuntary servitude were prohibited. Girls and women in servile marriage have no choice but to perform the tasks expected of them, such as domestic chores, shop or farm work and engaging in sexual intercourse with their husbands. If they refuse to do so, or if their performance is unsatisfactory, they face physical, psychological and sexual abuse.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- 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. 39
- Paragraph text
- The special procedures mandate holders, in particular the Special Rapporteur on violence against women, its causes and consequences, have focused on forced and early marriages, in addition to other issues relating to servile marriage, including honour-related killings and sexual slavery. In her report on her mission to Somalia, the Special Rapporteur on violence against women concluded that although servile marriages occurred, especially in rural areas, the lack of data made it impossible to ascertain the extent of the practice of rape and early and/or forced marriages (A/HRC/20/16/Add.3, para. 24).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 45
- Paragraph text
- In some communities, honour is connected with virtue, good works, righteous behaviour and obligations to one's parents, older persons and the community. Honour-related killings have often been associated with religious beliefs. These, however, are traditional or cultural practices. Among some Asian tribes, honour (or izzat) is associated with the female body and therefore women and girls must be guarded, protected and passed on to another member of the tribe. A girl or woman dishonours her family and tribe if her body is violated, even by force, and the shame can be cleansed only through her death.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 62
- Paragraph text
- Other forms of ritual slavery in which a girl is given to a shrine and married to the gods are practised in parts of West Africa. The girl is enslaved to atone for the real or alleged sins of a male relative. There is a belief that gods often punish a person's sin by causing the deaths of family members until the sin is pardoned. Until the early eighteenth century, livestock or other gifts were given to the priests in atonement. As girls could be used as domestic help and as sexual partners, priests began taking young virgins as reparation instead. A girl is expected to serve a priest for a certain period, depending upon the severity of the crime and the policy of the shrine. The girl's family can redeem her after that period, but the priest demands a high price. If the priest dies, the girl becomes the property of his successor. If the girl dies without her family redeeming her, her family is obligated to replace her with another virgin, meaning that the cycle can continue for generations. Enslaved girls and women are forced to live in inhumane conditions. They are expected to work in the fields and the local market and also provide sexual services to the priests. They are beaten into submission if they resist (E/CN.4/2002/83, para. 42).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 63
- Paragraph text
- As with domestic violence, it is difficult to obtain accurate figures of the numbers of girls and women in servile marriage. Statistics for early marriage, however, can be used as an indication. According to UNICEF, adolescent marriages (where one or both spouses are below the age of 19 years) commonly occur in South Asia and sub-Saharan Africa. In those regions, most marriages take place between the ages of 15 and 18 years. UNICEF suggests that early marriages are often considered to be a way to protect girls, and even sometimes boys, from sexual predation, promiscuity and social ostracism. In some communities, parents perceive girls as wealth.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Adolescents
- Boys
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 65
- Paragraph text
- Non-consensual marriage is a form of marriage where one or both parties have not consented. The lack of consent is the main principle underlying all forms of servile marriage. In some instances, the law is used to justify non-consensual marriages. For example, to protect the honour of a girl or woman, some countries can compel a rape victim to marry her rapist if the rapist so agrees. In this situation, the rapist is pardoned. Although these marriages purport to be consensual, fear of stigma and family pressure sometimes coerce rape victims into consenting to them (see E/CN.4/2002/83). Recently, the Working Group on the issue of discrimination against women in law and in practice reported the case of Amina Filali, a Moroccan woman who committed suicide after allegedly being forced to marry her rapist. Article 475 of the Moroccan Penal Code provides that a kidnapper or seducer of a minor girl may be acquitted of rape if he marries her (A/HRC/20/28/Add.1, para. 24).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 68
- Paragraph text
- 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.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 71
- Paragraph text
- 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.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 85
- Paragraph text
- Domestic violence includes physical and sexual violence, and may be committed by the wife's spouse, in-laws or other family members. According to UNICEF, women and girls who marry while aged under 18 years are less educated, more likely to experience domestic violence and believe that their husbands are fully justified in beating them than their peers who marry later. In Kenya, 36 per cent of girls who married while aged under 18 years believed that a man was sometimes justified in beating his wife, compared to 20 per cent of married women. Girls are also less likely to participate in discussions concerning family planning.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 86
- Paragraph text
- Girls and women who seek to leave servile marriage may be victims of acid attacks or honour-related killings. Acid attacks, which involve the use of sulphuric acid to disfigure or kill, have been reported in Asia, Europe and North and Latin America.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 88
- Paragraph text
- Women in servile marriage lack adequate protection in the light of their specific vulnerabilities arising from their gender, low social status and their age (if they are girls). Many countries lack laws criminalizing forced marriage or slavery-like practices that arise from servile marriage such as domestic servitude or marital rape, mainly because some abuses that occur in a marriage are often seen as domestic matters and outside interference is often frowned upon because it would be interference in the privacy of the home. Consequently, there is a tendency to deal with this form of slavery privately, outside the courts.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 92
- Paragraph text
- In some cases, although laws may be in place to protect women and girls from servile marriage, the authorities fail to prosecute the perpetrators. Consequently, victims do not seek help from the police or judiciary as they fear further abuse from Government authorities or being forcibly returned to their husbands. According to a 2008 report by the United Nations Development Fund for Women, between 70 and 80 per cent of Afghan marriages are forced, and 57 per cent are child marriages where one of the spouses is under the age of 16 years. 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.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph