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Servile marriage 2012, para. 91
- Paragraph text
- 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.
- 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
- Children
- Year
- 2012
- Date added
- Aug 19, 2019
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
- 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. 42
- Paragraph text
- In the present section, the Special Rapporteur discusses the root causes of servile marriage, which include strengthening family links, preventing unsuitable relationships, protecting perceived cultural and religious ideals, protecting family honour and controlling female behaviour and sexuality.
- 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
- 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. 104
- Paragraph text
- States should launch awareness-raising campaigns about servile marriage and the remedies available to potential and actual victims, reproductive health and health care, and the importance of birth and marriage registration. These should be targeted at the general public and health-care workers. Programmes should be developed with local communities and their leaders, including elders and religious leaders, to stop servile marriage within the community.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 101
- Paragraph text
- Once legislation prohibiting servile marriage is passed, implementation and enforcement become a priority. Enforcement requires the cooperation of the police and the judicial system. Awareness-raising will also be necessary. States should establish mechanisms for community members to report on servile marriage through helplines, hospitals, schools and/or clinics.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Girls
- Year
- 2012
- 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. 23
- Paragraph text
- 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.
- 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
- Children
- Families
- Youth
- 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
Manifestations and causes of domestic servitude 2010, para. 44
- Paragraph text
- There are no reliable statistics on numbers of victims, not least because it is very difficult to distinguish forced marriages, contracted on the basis of force, threat of harm or deception, from arranged marriages that may involve considerable social pressure to consent. The problem is not restricted to specific countries and cases often have a transnational dimension. The United Kingdom Forced Marriage Unit, for example, handles about 250-300 cases a year of nationals facing forced marriages.
- 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
- N.A.
- Year
- 2010
- 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. 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.
- 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
- Adolescents
- Boys
- Children
- Girls
- 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
Servile marriage 2012, para. 13
- Paragraph text
- Under the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, all forms of forced marriage are defined as practices similar to slavery, which reduce a spouse to a person over whom any or all of the powers attaching to the right of ownership are exercised. International law has further reiterated and reinforced the provisions within the Convention that prohibit forced and early marriages. Over the years, however, the idea that forced and early marriages are forms of slavery and, therefore, servile marriage has been lost.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- 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. 98
- Paragraph text
- Violations relating to servile marriage such as domestic servitude and sexual slavery should be criminalized. Governments should also denounce and strengthen laws regarding crimes committed in the name of honour. Victims or survivors of honour crimes should not be placed in protective custody but instead provided with long-term safe housing. Psychosocial services should be provided for victims, such as community-based support mechanisms and services, including mobilizing the community and raising its awareness of the consequences of the crimes, to help to prevent future crimes and to assist with the reintegration of victims.
- 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
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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).
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Servile marriage 2012, para. 92
- Paragraph text
- In some cases, although laws may be in place to protect women and girls from servile marriage, the authorities fail to prosecute the perpetrators. Consequently, victims do not seek help from the police or judiciary as they fear further abuse from Government authorities or being forcibly returned to their husbands. According to a 2008 report by the United Nations Development Fund for Women, between 70 and 80 per cent of Afghan marriages are forced, and 57 per cent are child marriages where one of the spouses is under the age of 16 years. In 2009, Afghanistan enacted legislation on the elimination of violence against women, in order to criminalize servile marriage and ensure that perpetrators were brought to justice. The law does not, however, address how authorities should treat a woman who runs away to escape the offences criminalized under the law. Consequently, girls and women who flee servile marriage are arrested and often convicted of intent to have sex outside marriage.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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