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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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- Children
- Girls
- Women
- Année
- 2010
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Health
- Personnes concernées
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Girls
- Infants
- Women
- Youth
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Remove any forms of discrimination that negatively impact on the rights of certain groups, including girls, indigenous peoples and migrant children, to an education.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Ethnic minorities
- Girls
- Persons on the move
- Année
- 2016
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Servile marriage 2012, para. 99
- Paragraph text
- 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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Personnes concernées
- Children
- Girls
- Année
- 2012
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Servile marriage 2012, para. 64
- Paragraph text
- Described below are forms of servile marriage that women and girls experience.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Challenges and lessons in combating contemporary forms of slavery 2013, para. 10
- Paragraph text
- Servile marriage and domestic servitude are two forms of contemporary slavery that disproportionately affect women and girls. In a previous report, the Special Rapporteur defined servile marriage as an arrangement "in which a spouse is reduced to a commodity over whom any or all the powers of ownership are attached" (A/HRC/21/41, summary). Practices such as polygamy and "bride price", especially when coupled with the prevalence of domestic violence, are possible indicators of servile marriage. Women's bodies are directly tied to a family's honour in many cultures, and if a girl refuses to marry, "she can be subject to character assassination or kidnapping by the man or his family to force her into marriage or to rape her" (ibid., para. 71). There is little to no legal protection for women in these situations in many countries. Some countries have gone so far as to enact legislation that acquits perpetrators of rape if they marry their victim. If a woman enters into a servile marriage, she essentially becomes a slave to her husband and his family.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2013
- Type de paragraphe
- Other
Paragraphe
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).
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Poverty
- Violence
- Personnes concernées
- Children
- Girls
- Women
- Youth
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Debt bondage as a key form of contemporary slavery 2016, para. 19
- Paragraph text
- In the western and central parts of Tamil Nadu, a high number of adolescent girls reportedly work as bonded labourers under the sumangali scheme in textile mills and garment factories, which is a major hub in the global knitwear sector that supplies international brands. The majority of these workers are reported to belong to Dalit communities and are aged between 14 and 18 years. Debt bondage is also reported in power loom workshops located in the Tiruppur region of Tamil Nadu, which produce woven cloth both for domestic manufacturers and for global suppliers. Those affected by debt bondage in this region are reported to include members of Dalit communities and other poor communities and to include both men and women. Furthermore, some non-agricultural industries in which debt bondage among children is reported to exist include carpet weaving, beedi making, silk production, silk sari production, the brick kilns and stone quarries.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Adolescents
- Children
- Girls
- Women
- Année
- 2016
- Type de paragraphe
- Other
Paragraphe
Child slavery in the artisanal mining and quarrying sector 2011, para. 69
- Paragraph text
- Both boys and girls are found working in artisanal mining and quarrying, but, as they grow up, they are attributed different tasks.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Boys
- Girls
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
Child slavery in the artisanal mining and quarrying sector 2011, para. 73
- Paragraph text
- Girls, especially unaccompanied girls, working in and around the mines and quarries are vulnerable to rape and sexual exploitation. Sexual exploitation can start from the age of 9 but many of the girls involved are aged between 13 and 17 years. In some mining communities like those in Burkina Faso and Niger, it is believed that male child miners will have greater luck in the mining pits if they have sexual intercourse with a virgin or have unprotected sexual intercourse and do not wash before going underground (see E/C.12/MDG/CO/2). Child prostitution also occurs in the mining communities. For example, in Ghana, girls as young as 12 living in gold-mining communities are found in prostitution (ibid.). A United Nations Children's Fund (UNICEF) study on sexual exploitation of children around mines and quarries found four main types of exploitation: prostitution on a regular basis, occasional prostitution, companionship or temporary unions, and forced prostitution.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Violence
- Personnes concernées
- Children
- Girls
- Année
- 2011
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Violence
- Personnes concernées
- Children
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Servile marriage 2012, para. 61
- Paragraph text
- There are several practices in which girls are forced into marriage under the guise of religious rites. For example, the Committee on the Elimination of Racial Discrimination has noted the existence in India of devadasi, whereby a girl, usually a Dalit, is forced to marry a deity and forced to have sex with members of the temple (CERD/C/IND/CO/19, para. 18). The Committee on the Rights of the Child and the Committee on the Elimination of Racial Discrimination have addressed the deuki system in Nepal, under which girls may be offered to deities by their families or by wealthy people who buy girls from their parents to be granted wishes or heavenly favours. The girl is then called a deuki and engages in prostitution (CRC/C/15/Add.261, para. 67, and CEDAW/C/NPL/CO/4-5, para. 17).
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Personnes concernées
- Girls
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Servile marriage 2012, para. 75
- Paragraph text
- Sexual slavery is a situation in which absolute control over one person is imposed on another, either by the use or threat of force. Servile marriage results in sexual slavery. As mentioned previously, girls in ritual slavery are forced to have sex with the priest who consummates the marriage between the girl and the deity. A ritually enslaved girl may also be forced to have sex with multiple sexual partners who believe that they become cleansed by having sex with her. The girls are also rendered physically weak by the pregnancies, births and, on occasion, abortions that they undergo. As a result of having multiple sexual partners the girls suffer from reproductive tract infections and sexually transmitted diseases. Unable to leave or seek help, they are often socially marginalized, with few support systems. This contributes to a lack of confidence and low self-esteem, perpetuating subordination.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Girls
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Servile marriage 2012, para. 36
- Paragraph text
- 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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Adolescents
- Boys
- Children
- Girls
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 74
- Paragraph text
- States have to criminalize all forms of slavery and servitude, investigate and prosecute the perpetrators with due diligence and assign penalties that fit the severity of the crime. Nevertheless, many countries still lack specific criminal provisions on slavery and servitude and therefore have to rely on prosecuting some of the individual acts involved, which often does not capture the severity of the crime. The European Court of Human Rights was confronted with this problem in the landmark case of Siliadin v. France, concerning a Togolese girl who was subjected to domestic servitude. Given that France, at the time, did not have specific criminal provisions on slavery and servitude that would have afforded the victim specific and effective protection, the Court found a violation of the right not to be subjected to servitude. Furthermore, States often fail to prosecute crimes accompanying domestic servitude, such as forced confinement or assault.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Girls
- Année
- 2010
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Servile marriage 2012, para. 94
- Paragraph text
- Many communities believe that girls should marry and can never divorce because of cultural, religious and financial factors, among others. Consequently, families and communities resist change. In addition, there is an overwhelming belief that events within a family are private and should not be subject to outside interference. A wife who runs away is not permitted to return to her family and, if she does, she will be stigmatized for having left her husband, no matter how abusive the marriage. In some societies, it is believed that the husband has every right to discipline his wife and that there should be no interference in marital matters. The female spouse is often made to feel as thought she is at fault and must learn to be a better wife (i.e. more subservient).
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Families
- Girls
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Servile marriage 2012, para. 74
- Paragraph text
- The domestic servitude inherent to child marriage disempowers girls by denying them educational opportunities and the chance to form protective networks of friends and peers.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Social & Cultural Rights
- Personnes concernées
- Children
- Girls
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Manifestations and causes of domestic servitude 2010, para. 64
- Paragraph text
- Feminized poverty pushes women and girls into domestic work and makes them easy to exploit. Women, who often carry the burden of providing for children, suffer disproportionally from cuts to welfare programmes and essential public services in a situation of economic crisis and budget cuts. In many countries, the collapse of entire agricultural sectors, often linked to inequitable terms of trade, has driven also women and girls into rural-urban or international migrations. With the supply of cheap, desperate labour outstripping demand, power relationships are often so grossly unequal that the degree of exploitation endured by domestic workers depends on the employer's will.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Poverty
- Personnes concernées
- Children
- Girls
- Women
- Année
- 2010
- Type de paragraphe
- Other
Paragraphe
Servile marriage 2012, para. 11
- Paragraph text
- 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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Personnes concernées
- Boys
- Children
- Girls
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Families
- Girls
- Men
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Servile marriage 2012, para. 10
- Paragraph text
- 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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Children
- Girls
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Social & Cultural Rights
- Violence
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
Servile marriage 2012, para. 41
- Paragraph text
- The Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially in women and children, concluded that there was a clear recognition in United Nations and regional agreements, as well as in national legislation, that many women and girls around the world lived under conditions where, owing to harmful patriarchal, traditional, customary and/or religious practices, they could not fully exercise their human rights to marry or refuse marriage; to full sexual autonomy; to refuse childbearing; to leave partners, including abusive partners, while retaining custody of their children, and to do so safely and without legal, economic, social, political and cultural repercussions (A/HRC/4/23, para. 38).
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Social & Cultural Rights
- Personnes concernées
- Children
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
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).
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe
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.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Boys
- Children
- Girls
- Women
- Année
- 2012
- Type de paragraphe
- Other
Paragraphe