Search Tips
sorted by
30 shown of 31 entities
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
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 50
- Paragraph text
- It is important to note that the payment of a dowry or bride price does not mean that a woman ends up in a servile marriage. In this context, it is the non-consensual nature of the marriage that is the abuse, not the payment. In some countries, however, a bride price does in fact translate into men feeling that they own their wives.
- 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
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 38
- Paragraph text
- The persistence of such harmful practices recently prompted the Committee on the Elimination of All Forms of Discrimination against Women and the Committee on the Rights of the Child to work on their first joint general comment on harmful traditional practices, which is likely to be finalized in 2013.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 11
- Paragraph text
- 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".
- 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
- Children
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 67
- Paragraph text
- The sale of wives also manifests itself in the form of mail-order marriages and paper marriages. In the case of mail-order marriages, women from developing countries in East and South Asia, Eastern Europe and Latin America advertise themselves in newspapers, magazines and on the Internet for marriage outside their countries of origin, usually to men in developed countries. In many instances, the women are economically vulnerable and advertise themselves in the hope of improving their economic situation.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 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
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 40
- Paragraph text
- According to the Special Rapporteur on traditional practices affecting the health of women and the girl child, the practice of forced marriage deserved the close scrutiny of the international community, as it would not be eradicated until women were considered full and equal participants in the social, economic, cultural and political life of their communities (E/CN.4/Sub.2/2005/36, para. 82).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 33
- Paragraph text
- The Court noted that the crime of forced marriage was not exclusively, or predominantly, sexual and as such was not fully encompassed by the crime of sexual slavery. The women who testified in the case described the forced marriages as having encompassed a series of violations, including abduction, forced labour, deprivations of liberty, corporal punishment, assault and sexual violence.
- 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. 19
- Paragraph text
- Reaffirming forced and early marriages as slavery-like practices is important as it provides an understanding of the violations that victims endure and the kind of interventions required to prevent, monitor and prosecute servile marriage. Victim protection programmes can also be specifically tailored better to support victims of servile marriage. It moves the discussion from being about the rights of women and girls to being about abolishing slavery within communities.
- 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. 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
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 35
- Paragraph text
- In its general recommendation No. 24, the Committee on the Elimination of All Forms of Discrimination against Women specifically recommends that States parties enact and effectively enforce laws that prohibit the marriage of girls. In its general recommendation No. 21, the Committee recognizes that forced marriage may exist as a result of cultural or religious beliefs, but maintains that a woman's right to choose a spouse and enter freely into marriage is central to her life and to her dignity and equality as a human being and that this must be protected and enforced by law.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- 2013
- 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
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. 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. 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. 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. 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. 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. 46
- Paragraph text
- Family status depends on honour. In patriarchal and patrilineal societies, maintaining the honour of the family is a woman's responsibility. The concept of women as commodities and not as human beings endowed with dignity and rights equal to those of men is deeply embedded in these societies. Women are seen as the property of men and must be obedient and passive, rather than assertive and active. Any assertive behaviour is considered to be an element that would result in an imbalance of power relations within the parameters of the family unit (E/CN.4/2002/83, para. 27). UNICEF reports that in some countries, early marriages are regarded by families as a means of protecting girls from premarital sex that would undermine their honour and that of their families.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 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. 44
- Paragraph text
- 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.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Harmful Practices
- Person(s) affected
- Boys
- Children
- Girls
- 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. 34
- Paragraph text
- In 2005, the Parliamentary Assembly of the Council of Europe adopted resolution 1468 on forced marriages and child marriage. The Assembly defined forced marriage as "the union of two persons at least one of whom has not given their full consent to the marriage". It defined child marriage as "the union of two persons at least one of whom is under 18 years of age". Among other things, it urged the national parliaments of the Council of Europe member States to fix at or raise to 18 years the minimum statutory age of marriage for women and men, to make it compulsory for every marriage to be declared and entered by the competent authority in an official register, and to consider the possibility of dealing with acts of forced marriage as an independent criminal offence.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 31
- Paragraph text
- Article 21 (2) of the African Charter on the Rights and Welfare of the Child states that child marriage and the betrothal of girls and boys are to be prohibited and effective action, including legislation, is to be taken to specify the minimum age of marriage to be 18 years. Article 6 of the 2003 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa states that no marriage is to take place without the free and full consent of both parties, and requires States to enact appropriate national legislative measures to guarantee that the minimum age of marriage for women is to be 18 years.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 27
- Paragraph text
- The Convention on the Elimination of All Forms of Discrimination against Women contains specific provisions in relation to forced marriage (article 16 (1) (b)) and early marriage (article 16 (2)). Child marriages, which are unions that involve at least one partner below the minimum legal age of marriage, constitute a form of forced marriage as the child is not in a position to consent. Article 16 of the Convention specifies that the betrothal and the marriage of a child are to have no legal effect, and all necessary action, including legislation, is to be taken to specify a minimum age for marriage.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 21
- Paragraph text
- Studies have shown that an overwhelming majority of women in servile marriage were forced to be girl brides. According to the United Nations Children's Fund (UNICEF), the Niger has the highest occurrence of early marriage, followed by Chad, Mali, Bangladesh, Guinea, the Central African Republic, Mozambique, Nepal, Malawi and Ethiopia. Girls and women experience the same violations within a servile marriage and, unless otherwise stated, the violations discussed herein apply to both girls and women. Girls are, however, much more vulnerable to abuse given their lack of physical and emotional maturity.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 16
- Paragraph text
- From an early age, girls are brought up and viewed as commodities to be used to solidify family links and preserve honour, in addition to financial assets that can improve the family's economic status. Discriminatory attitudes within the family are reinforced in the community and throughout the girl's life. Complicity by other women in the family and the community strengthens the concept of women as property and embeds the perception that violence against female family members is to be tolerated and remedied privately within the family environment. From the beginning of the marriage, a spouse is treated not as an individual but as a commodity, given that his or her consent to the marriage is not required.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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