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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Servile marriage 2012, para. 91 | Aug 19, 2019 | Paragraph | In India, under section 13 of the Prohibition of Child Marriage Act, 2006, magistrates can issue an injunction against any person, including a member of an organization or an association of persons, prohibiting a child marriage where they are convinced that such a marriage has been arranged or is about to be solemnized. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 38 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Challenges and lessons in combating contemporary forms of slavery 2013, para. 11 | Aug 19, 2019 | Paragraph | Servile marriages are still practised today; for example, in Papua New Guinea. According to a 2012 report by The Projection Project, "women are victims of forced, fraudulent, servile, fraudulently brokered, and temporary marriages. Children may also become victims of exploitative marriage". | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2013 | ||
Servile marriage 2012, para. 99 | Aug 19, 2019 | Paragraph | 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 public institutions must be required to systematically consider how children's rights and interests are affected by their decisions and actions. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 23 | Aug 19, 2019 | Paragraph | The Convention implicitly prohibits forced early marriage. Under article 1 (d), States parties are required to abolish any institution or practice whereby a child or young person under the age of 18 years is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of his labour. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 36 | Aug 19, 2019 | Paragraph | In its general comment No. 4, the Committee on the Rights of the Child strongly urges States parties to develop and implement legislation aimed at changing prevailing attitudes, and address gender roles and stereotypes that contribute to harmful traditional practices. It also calls upon States parties to protect adolescents from all harmful traditional practices, such as early marriage, and recommends that they review and, where necessary, reform their legislation and practice to increase the minimum age for marriage with and without parental consent to 18 years, for both girls and boys. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 92 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 44 | Aug 19, 2019 | Paragraph | Gender inequality also contributes to servile marriage through its impact on formal legal systems. Although a woman's right to choose if, when and whom to marry is recognized in international human rights law, and although the Committee on the Elimination of All Forms of Discrimination against Women and the Committee on the Rights of the Child and other treaty bodies state that the minimum age of marriage should be 18 years, several countries with high rates of early marriage also have unequal laws of consent for boys and girls. Such laws reinforce and legalize the idea that marriage is suitable for girls earlier than for boys. Patriarchal laws and practices give women and girls less negotiating power around marriage and sexual and reproductive health and rights. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 34 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 31 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 27 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 14 | Aug 19, 2019 | Paragraph | Servile marriage affects both adults and children. Under international human rights law, a child cannot provide informed consent to a marriage. The marriage is therefore considered forced and falls under the slavery-like practices defined in the Convention. International human rights law, including the Convention, requires that a minimum age for marriage be established, with 18 years the recommended minimum age. The Special Rapporteur acknowledges that, in some countries, the minimum age for marriage is lower than 18 years. She also recognizes that, in some countries, exceptions are made for marriage below the national minimum age. The Special Rapporteur strongly urges that rigorous measures be taken in such situations to ensure that the rights of the child are in no way violated by marriage. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 11 | Aug 19, 2019 | Paragraph | The General Assembly also urged States to ensure that efforts to enact and implement legislation to end child and forced marriages engaged all stakeholders and agents of change and to ensure that the information on the legislation against the practice was well known and generated social support for the enforcement of such laws and legislation. States were urged to support community workshops and discussion sessions to enable communities to collectively explore ways to prevent and address child and forced marriages, provide information through stakeholders credible to the community, such as medical personnel and local, community and religious leaders, regarding the harm associated with those marriages, give greater voice to girls and ensure consistence of message throughout the entire community, and encourage the much-needed strong engagement of men and boys. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Servile marriage 2012, para. 10 | Aug 19, 2019 | Paragraph | In its resolution 66/140, the General Assembly reiterated its call for an end to harmful traditional or customary practices, such as early and forced marriage, and called upon States to take appropriate measures to address the root factors of child and forced marriages, including by undertaking educational activities to raise awareness regarding the negative aspects of such practices. It urged all States to enact and strictly enforce laws to ensure that marriage was entered into only with the free and full consent of the intending spouses, and, in addition, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage and raise the minimum age for marriage where necessary, and to develop and implement comprehensive policies, plans of action and programmes for the survival, protection, development and advancement of the girl child in order to promote and protect the full enjoyment of her human rights and to ensure equal opportunities for girls, including by making such plans an integral part of her total development process. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2012 | ||
Manifestations and causes of domestic servitude 2010, para. 45 | Aug 19, 2019 | Paragraph | Child marriages, unions that involve at least one partner below the minimum legal age of marriage, constitute a form of forced marriage since the child is not in a position to consent. Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women specifies that "the betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage". The Committee on the Elimination of Discrimination against Women considers that the minimum age for marriage should be 18 years for both man and woman. This age limit, which is in line with the definition of the child provided by the Convention on the Rights of the Child, is also reflected in the African Charter on the Rights and Welfare of the Child (art. 21). | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
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| 2010 |
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