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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
Paragraph
Servile marriage 2012, para. 102
- Paragraph text
- Education has been recognized as one of the most effective ways to delay early marriage and allow for married women to make more informed choices about their health and that of their families. States should establish more schools, recruit qualified teachers (in particular female teachers) and train teachers in subjects such as gender sensitivity, HIV/AIDS and reproductive and sexual health. They should also offer economic support and incentives for girls and their families, such as fee subsidies, scholarships, school supplies, school uniform and conditional cash transfers. There should be proper monitoring and evaluation of such transfers. States should also adopt all appropriate educational measures to modify the social and cultural patterns of conduct that foster cultural practices among families that lead to servile marriage. Teachers and other educational staff should be trained to recognize vulnerable girls and react appropriately. Continuing formal education and vocational training for married girls and women should be provided.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2012
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
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
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
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
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
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
Paragraph
Servile marriage 2012, para. 83
- Paragraph text
- World Health Organization research also shows that women and girls with low levels of education are at a greater risk of violence than better educated and older women. The higher the levels of schooling for girls, the less they are at risk of servile marriage. In the United Republic of Tanzania, women who attend secondary school are 92 per cent less likely to be married before the age of 18 years than women who attend only primary school.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Girls
- Older persons
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 79
- Paragraph text
- In countries with a high incidence of HIV/AIDS, some adult men prefer to marry girls as their virginity and HIV-negative status is assured. Early marriage to older, more sexually experienced men is, however, no guarantee that a girl will not be infected with HIV. Studies in Kenya and Zambia show that married girls are more likely to be HIV-positive than their sexually active unmarried counterparts.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 78
- Paragraph text
- According to Save the Children in the 2004 edition of its annual publication, State of the World's Mothers, once born, children of girl brides are twice as likely to die before the age of 1 year as the children of a woman in her twenties. If they survive, the children are more likely than those born to older mothers to have poorer health care and inadequate nutrition as a result of the mother's poor feeding behaviour.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Girls
- Older persons
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 76
- Paragraph text
- A UNICEF study on early marriage indicates that girls under the age of 15 years are five times more likely to die during delivery as a result of haemorrhage, sepsis, preeclampsia or eclampsia and obstructed labour than women between the ages of 20 and 24 years.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 73
- Paragraph text
- Women and girls in servile marriage are required to perform all domestic household tasks and, in some cases, to work outside the home in shops or on farms and to have sex with their husbands. If they do not perform their duties adequately, they face physical and psychological abuse from their husbands or their husbands' families. In many such cases, the girl or woman is also a victim of marital rape.
- 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
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
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
Paragraph
Servile marriage 2012, para. 70
- Paragraph text
- 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).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 69
- Paragraph text
- 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.
- 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
- Women
- Year
- 2012
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
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
Paragraph
Servile marriage 2012, para. 66
- Paragraph text
- 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).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Families
- Women
- Year
- 2012
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
Paragraph
Servile marriage 2012, para. 64
- Paragraph text
- Described below are forms of servile marriage that women and girls experience.
- 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
- Girls
- Women
- Year
- 2012
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
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
Paragraph
Servile marriage 2012, para. 60
- Paragraph text
- As a result of cultural beliefs, girls and women with dual nationality are sometimes abducted by their families from one country and forced to marry men from their parents' country of origin. This has happened in the United Kingdom to women from Asian diaspora communities. The Governments involved have worked through consular assistance and judicial proceedings to provide victims with effective remedies. In 2005, the United Kingdom set up a forced marriage unit under the Foreign and Commonwealth Office and the Home Office to tackle the issue.
- 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
Paragraph
Servile marriage 2012, para. 59
- Paragraph text
- In many countries, there is a widespread belief, which also finds expression in law, that a husband is entitled to sexual intercourse and may insist on this entitlement by force. There is a growing trend by countries to repeal such laws, however. For example, Ghana, after much public debate and consultation with stakeholders, amended its legislation in order to protect women from marital rape and enacted new legislation criminalizing physical, sexual and physiological abuse, intimidation, threats and harassment between spouses, other intimate partners and former partners, among others (A/HRC/7/6/Add. 3, paras. 37 and 74).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Women
- Year
- 2012
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
Paragraph
Servile marriage 2012, para. 57
- Paragraph text
- In Sindh, a province of Pakistan, the custom of swara is practised, by which women are used as commodities to settle disputes between clans and tribes. They are either forced to marry the men from the receiving tribe or used by them as sex slaves. This form of servile marriage continues to occur even in the face of legislation prohibiting this practice and the upholding of that legislation by the Supreme Court of Pakistan (see EGM/GPLHP/2009/EP.14).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 56
- Paragraph text
- Cultural relativism is often given as an excuse for slavery-like violations such as servile marriage and sexual slavery committed against women and girls. Societies that permit servile marriage are based on an overwhelming fear of female sexuality and culturally believe that it should be curtailed and regulated.
- 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
- Girls
- Women
- Year
- 2012
Paragraph
Servile marriage 2012, para. 54
- Paragraph text
- Conflict and post-conflict situations have also contributed to an increase in servile marriage, given that girls and women recruited or abducted by armed groups have been forced to marry combatants. Armed groups such as the Lord's Resistance Army have been found to force girls into servile marriage in the Central African Republic, the Democratic Republic of the Congo and South Sudan (see S/2012/365).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2012
Paragraph