United Nations A/HRC/26/22

General Assembly Distr.: General

2 April 2014

Original: English

Human Rights Council

Twenty-sixth session
Agenda items 2 and 3
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

Preventing and eliminating child, early and forced

marriage

Report of the Office of the United Nations High

Commissioner for Human Rights

Summary
Taking into consideration information received from States, United
Nations agencies, civil society groups and other relevant stakeholders, the
report discusses the international norms and standards applicable to child,
early and forced marriage and the human rights impact of the practice on
women and girls. The report addresses the various factors that contribute to
child, early and forced marriage and further analyses existing measures and
strategies to prevent and eliminate child, early and forced marriage with a
particular focus on challenges, achievements, best practices and
implementation gaps.

GE.14-12876


A/HRC/26/22

Contents
Paragraphs Page

I. Introduction.......................................................................................................... 1-3 3
II. Definitions ............................................................................................................. 4–6 3
III. International legal framework ........................................................................ 7–16 4
A. Right to enter into marriage with free and full consent .................. 7–8 4
B. Child marriage ............................................................................................. 9–15 4
C. Right to equality and non-discrimination ............................................ 16 7
IV. Factors contributing to child, early and forced marriage........................ 17–20 7
V. Human rights impact of child, early and forced marriage ...................... 21–24 8
VI. Measures and strategies to prevent and eliminate child, early and forced marriage
25–40 9
A. Legislative measures.................................................................................. 25–27 9
B. Policies, action plans and coordination mechanisms ....................... 28 11
C. Engagement of religious and traditional leaders and service providers 29–30
11
D. Education and empowerment of girls and women ........................... 31–34 11
E. Awareness-raising ...................................................................................... 35–36 12
F. Protection measures .................................................................................. 37–40 13
VII. Challenges and implementation gaps............................................................ 41–51 14
VIII. Conclusions and recommendations ............................................................... 52–54 17

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I. Introduction
1. The present report is submitted pursuant to Human Rights Council
resolution 24/23, in which the Council requested the Office of the High
Commissioner for Human Rights (OHCHR) to prepare a report, in
consultation with States, United Nations agencies, funds and programmes,
civil society and other relevant stakeholders, on preventing and eliminating
child, early and forced marriage, with a particular focus on challenges,
achievements, best practices and implementation gaps.
2. For the preparation of the report, OHCHR solicited inputs from
Member States, United Nations agencies, funds and programmes, special
procedures mandate-holders, treaty bodies, civil society organizations and
other relevant stakeholders. As at 17 March 2014, 110 replies had been
received, including 31 from Member States. All the submissions are available
on the OHCHR website.1 OHCHR also reviewed recent studies and research
on the issue.
3. Information received for the present report reveals a wide variation in
the prevalence of child, early and forced marriage between and within
countries.2 It is a practice which adversely impacts on the rights of girls, boys,
men and women. However, child, early and forced marriage has a
disproportionately negative impact on women and girls. According to United
Nations Children’s Fund (UNICEF) estimates, in 2012, approximately 400
million women aged 20–49 around the world (or 41 per cent of the total
population of women in that age group) had been married or entered into a
union before they reached 18 years of age.3 The United Nations Population
Fund (UNFPA) reported that the rate of marriage for girls before the age of
18 in developing countries (not including China) is one in three, the majority
of whom have limited education and live in rural areas and in extreme
poverty.4

II. Definitions
4. For the purpose of this report, “child marriage” is a marriage in which
at least one of the parties is a child. According to the Convention on the
Rights of the Child, a child is “every human being below the age of eighteen
years unless under the law applicable to the child, majority is attained
earlier”.5 The Committee on the Rights of the Child has called on States
parties to review the age of majority if it is set below 18.

1
www.ohchr.org/EN/Issues/Women/WRGS/Pages/WRGSIndex.aspx.
2
For more information on regions of prevalence and disparities, refer to the UNFPA
and UNICEF submissions.
3
UNICEF, “Committing to Child Survival: A Promise Renewed, Progress Report”
(September 2012).
4
UNFPA, State of World Population 2013 report, Motherhood in Childhood: Facing the
challenge of adolescent pregnancy (New York, 2013).
5
Convention on the Rights of the Child, art. 1.

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5. “Early marriage” is often used interchangeably with “child marriage”

and refers to marriages involving a person aged below 18 in countries where
the age of majority is attained earlier or upon marriage. Early marriage can
also refer to marriages where both spouses are 18 or older but other factors
make them unready to consent to marriage, such as their level of physical,
emotional, sexual and psychosocial development, or a lack of information
regarding the person’s life options.6
6. A forced marriage is any marriage which occurs without the full and
free consent of one or both of the parties and/or where one or both of the
parties is/are unable to end or leave the marriage, including as a result of
duress or intense social or family pressure.

III. International legal framework

A. Right to enter into marriage with free and full consent

7. International human rights treaties guarantee the right of all

individuals to enter into marriage with the free and full consent of both
parties. The International Covenant on Civil and Political Rights in its article
23, paragraph 3, provides for this right, as does the International Covenant
on Economic, Social and Cultural Rights in its article 10, paragraph 1. The
Convention on Consent to Marriage, Minimum Age for Marriage and
Registration for Marriages in its article 1 provides that this consent must be
expressed by both parties in person and in the presence of a competent
authority.7 Article 16 of the Convention on the Elimination of All Forms of
Discrimination against Women obligates States to ensure, on a basis of
equality of men and women, inter alia, the same right freely to choose a
spouse and to enter into marriage only with their free and full consent. The
Committee on the Elimination of Discrimination against Women and the
Committee on the Rights of the Child have both stressed the importance of
additional legal safeguards to protect the right of all individuals to freely
enter into marriage, even in plural legal systems which include both
customary and statutory laws. A number of regional instruments also
stipulate that marriage may only be entered into with the free and full
consent of both parties.8
8. The Supplementary Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery (Supplementary
Convention) obligates States to undertake all “practicable and necessary

6
Rangita de Silva de Alwis, “Child marriage and the law”, Legislative Reform Initiative
Paper Series (UNICEF, New York, January 2008), p. 37.
7
General Assembly resolution 1763 A (XVII).
8
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Women in Africa (2003), art. 6 (a); South African Development Community (SADC)
Protocol on Gender and Development (2008), art. 8, para. 2 (b); Association of
Southeast Asian Nations (ASEAN) Human Rights Declaration (2012), art. 19; American
Convention on Human Rights (1969), art. 17 (3).

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legislative and other measures” to bring about the abolition or abandonment

of various institutions and practices which amount to forced marriage, such
as promising or giving a woman in marriage, where she does not have the
right to refuse, following payment to her parents, guardians, family or
another person or group; the right of a husband, his family or clan to
transfer his wife to another person for value received or for any other
reason; and the inheriting by another person of a woman on the death of her
husband.9 As discussed under Section V, forced marriage can under certain
circumstances amount to slavery and slavery-like practices.

B. Child marriage

9. Article 16, paragraph 2, of the Convention on the Elimination of All

Forms of Discrimination against Women provides that “the betrothal and the
marriage of a child shall have no legal effect.” The African Charter on the
Rights and Welfare of the Child also prohibits both child marriage and the
betrothal of girls and boys and requires that legislative and other measures
be taken to protect their rights.10 The Committee on the Rights of the Child and
the Committee on the Elimination of Discrimination against Women have
both raised concerns over the continued existence of child marriage and
have recommended that States parties enforce the prohibition of child
marriage.
10. The Committee on the Rights of the Child has also noted that a number
of the provisions of the Convention on the Rights of the Child should be
considered applicable to the issue of child marriage, including article 24,
paragraph 3, which provides that States parties should “take all effective and
appropriate measures with a view to abolishing traditional practices
prejudicial to the health of children.”11 The Committee on the Elimination of
Discrimination against Women and the Committee against Torture have also
identified child marriage as a harmful practice which leads to the infliction
of physical, mental or sexual harm or suffering, with both short- and
long-term consequences, and negatively impacts on the capacity of victims to
realize the full range of their rights.12 The Special Rapporteur on the sale of
children, child prostitution and child pornography has indicated that child

9
Supplementary Convention on the Abolition of Slavery, art. 1.
10
African Charter on the Rights and Welfare of the Child (1999), art. 2.
11
See in particular article 2 on non-discrimination, article 3 on the best interests of the
child, article 12 on the right of the child to be heard in accordance with her/his age
and maturity, article 19 on essential measures to be taken to protect the child from all
forms of violence, article 34 on protecting children from all forms of sexual
exploitation and sexual abuse, article 35 on measures to prevent the abduction of,
sale of or traffic in children and article 36 on protecting the child against all other
forms of exploitation which may cause harm to the child.
12
See, for example, the concluding observations of the Committee on the Elimination of
Discrimination against Women on Montenegro (CEDAW/C/MNE/CO/1), Mauritania
(CRC/C/MRT/CO/2), Togo (CRC/C/TGO/CO/3-4), Zambia (CEDAW/C/ZMB/CO/5-6) and the
concluding observations of the Committee against Torture on Bulgaria
(CAT/C/BGR/CO/4-5).

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marriage may be considered as sale of children for the purposes of sexual

exploitation, in violation of the Optional Protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and child
pornography and of article 35 of the Convention on the Rights of the Child.13
11. The Special Rapporteur on contemporary forms of slavery has drawn
links between child marriage and slavery, pointing out that States are
obliged to prohibit and eliminate slavery as a non-derogable and
fundamental principle of international law.14 According to ECPAT
International, marriage of children and adolescents under the age of 18 can
under certain circumstances be considered a form of commercial sexual
exploitation when the child is used for sexual purposes in exchange for
goods or payment in cash or in kind.15
12. Article 16 of the Convention on the Elimination of All Forms of
Discrimination against Women, articles 2 and 3 of the Convention on
Consent to Marriage, Minimum Age for Marriage and Registration of
Marriages and article 2 of the Supplementary Convention on the Abolition of
Slavery obligate States parties to undertake legislative measures to specify a
minimum age for marriage.16 The Committees on the Elimination of
Discrimination against Women and on the Rights of the Child have
recommended that States parties remove exceptions related to the minimum
age of marriage and establish a minimum age of marriage for girls and boys,
with or without parental consent, of 18 years.17 Similarly, the Committee on
Economic, Social and Cultural Rights has recommended that States raise and
equalize the minimum age for marriage for boys and girls.18
13. In 2012, the Committees on the Rights of the Child and on the
Elimination of Discrimination against Women, together with the Special
Representative of the Secretary-General on Violence against Children, the
Working Group on the issue of discrimination against women in law and
practice, together with four other special procedures mandate holders,

13
Report of the Special Rapporteur on the sale of children, child prostitution and child
pornography (A/66/228), p. 8. See also the Supplementary Convention on the Abolition
of Slavery, art. 1 (c) (i)-(iii) and (d). This was also highlighted by the Pan-African
Forum against the Sexual Exploitation of Children: see UNICEF, Early Marriage – A
harmful traditional practice: A statistical exploration (New York, 2005).
14
See thematic report on servile marriage (A/HRC/21/41); see also the report on the
mission to Madagascar of the Special Rapporteur on contemporary forms of slavery,
including its causes and consequences (A/HRC/24/43/Add.2), especially para. 125 and
the thematic report on challenges and lessons in combating contemporary forms of
slavery (A/HRC/24/43).
15
ECPAT International submission.
16
See also African Charter on the Rights and Welfare of the Child (1999), art. 21, para. 2,
and Council of Europe Parliamentary Assembly Resolution 1468 (2005), para. 14.2.1.
17
Committee on the Elimination of Discrimination against Women, general
recommendation No. 21 (1994) on equality in marriage and family relations, para. 36.
18
See the concluding observations of the Committee on Economic, Social and Cultural
Rights, on Mexico (E/C.12/MEX/CO/4); the concluding observations of the Committee
on the Rights of the Child on Georgia (CRC/C/15/Add.124), South Africa
(CRC/C/15/Add.122) and Costa Rica (CRC/C/CRI/CO/4).

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issued a joint statement calling on States to increase the age of marriage to 18

years for both girls and boys without exception, and stated that child
marriage could not be justified on traditional, religious, cultural or economic
grounds.19
14. The Human Rights Committee has indicated that the age for marriage
should be such as to enable each spouse to give her/his free and full personal
consent under conditions prescribed by law20 and that States should ensure
that the minimum age complies with international standards and adopt
active measures to prevent early marriage of girls.21 The Committee against
Torture has recognized that child marriage may constitute cruel, inhuman or
degrading treatment, particularly where governments have failed to
establish a minimum age of marriage that complies with international
standards.22 Several regional human rights instruments have similarly placed
the obligation on States to undertake legislative and other measures to
establish a minimum age of marriage of 18 years.23
15. The Committee on the Elimination of Discrimination against Women
and other treaty bodies require States to register births and marriages as a
means to facilitate monitoring of the age of marriage and to support the
effective implementation and enforcement of laws on the minimum age of
marriage.24 To meet this obligation, States are urged to establish national civil
registration that is free, universal and accessible for the birth registration of
all children and to ensure that all marriages are registered by a competent
authority.25

19
The four mandate holders were: the Special Rapporteur on the sale of children, child
prostitution and child pornography, the Special Rapporteur on contemporary forms
of slavery, its causes and consequences, the Special Rapporteur on violence against
women and the Special Rapporteur on trafficking in persons, especially in women
and children.
20
Human Rights Committee general comment No. 19 (1990) on protection of the family,
the right to marriage and equality of the spouses, para. 4. See also general comment
No. 28 (2000) on equality of rights between men and women, para. 23.
21
Concluding observations of the Human Rights Council on Uruguay
(CCPR/C/URY/CO/5), Kuwait (CCPR/C/KWT/CO/2), Yemen (CCPR/CO/75/YEM), United
Republic of Tanzania (CCPR/C/TZA/CO/4/Add.1), Islamic Republic of Iran
(CCPR/C/IRN/CO/3).
22
See the concluding observations of the Committee against Torture on Bulgaria
(CAT/C/BGR/CO/4‑5) and on Yemen (CAT/C/YEM/CO/2/Rev.1).
23
African Charter on the Rights and Welfare of the Child (1999), art. 21 (2); Council of
Europe Parliamentary Assembly Resolution 1468 (2005), para. 14.2.1; SADC Protocol
on Gender and Development, art. 8 (2) (a).
24
See concluding observations of the Committees against Torture, on the Rights of the
Child and on the Elimination of Discrimination against Women, including on Yemen
(CAT/C/YEM/CO/2/Rev.1), Afghanistan (CRC/C/AFG/CO/1) and Peru (A/57/38(SUPP)). See
also recommendations made in the context of the universal periodic review, and
Commission on the Status of Women (CSW) resolution 51/3, para. 1 (b).
25
Save the Children submission, p. 6.

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C. Right to equality and non-discrimination

16. As discussed below, child, early and forced marriage is now widely
recognized as a form of gender-based discrimination which
disproportionately affects women and girls. The rights to equality and
non-discrimination are set forth in a number of international human rights
instruments.26 The Committees on the Elimination of Discrimination against
Women and on the Rights of the Child have both described forced and child
marriage as a manifestation of discrimination against women and girls, a
violation of their rights and an obstacle to the girl child’s full enjoyment of
her rights. They have further highlighted that the practice is perpetuated by
entrenched adverse customs and traditional attitudes that discriminate
against women or place women in subordinate roles to men, or by women’s
stereotyped roles in society.27

26
See the Universal Declaration of Human Rights, art. 7, the International Covenant on
Civil and Political Rights, art. 2, paras. 1 and 3, and the International Covenant on
Economic, Social and Cultural Rights, arts. 2, paras. 2 and 3. Article 16 of the
Convention on the Elimination of All Forms of Discrimination against Women places
an obligation on States to take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations. See also
Committee on the Elimination of Discrimination against Women, general
recommendation No. 24 (1999) on women and health.
27
Committee on the Elimination of Discrimination against Women, general
recommendation No. 19 (1992) on violence against women, para. 11. See also the
following concluding observations of human rights treaty bodies: Comoros
(CRC/C/15/ADD.141); Costa Rica (CCPR/CO/75/YEM); Denmark
(CRC/C/15/ADD.141);Ethiopia (CRC/C/15/ADD.144); Guyana (CRC/C/15/ADD.130); Malawi
(CRC/C/15/ADD.174); Seychelles (CRC/C/SYC/CO/2-4); Algeria (CEDAW/C/DZA/CO/3-4);
Bulgaria (CAT/C/BGR/CO/4-5); Iran (CCPR/C/IRN/CO/3); Mauritania (CAT/C/MRT/CO/1.

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IV. Factors contributing to child, early and forced

marriage
17. Empirical evidence shows poverty and insecurity as one of the root
causes of child, early and forced marriage. Although the proportion of child
brides has generally decreased over the last 30 years, child marriage remains
common in rural areas and among the poorest communities.28 In many
communities, marriage is often perceived as a way to ensure the economic
subsistence of girls and women with no autonomous access to productive
resources and living in situations of extreme poverty. Marrying children can
also have economic advantages, such as lower dowries for younger brides.
Families may agree to the temporary marriage of their daughter in exchange
for financial gain, also referred to as a “contractual marriage”. Poverty may
also encourage women to marry foreign nationals for financial security, a
practice which increases opportunities for trafficking in women.29 Research
indicates that, in a limited number of countries, child, early and forced
marriage also takes place in wealthy families, where it is perceived as a
means of preserving wealth amongst families from the same socioeconomic
class.
18. Child and early marriage is strongly associated with girls who have
received little or no formal education. Plan International in Egypt notes for
instance that poor-quality schooling, overcrowding, unqualified teachers and
gender-based violence often increase the viability of early marriage as an
alternative option for many girls.30
19. Responses received for the present report indicate that in many
contexts families are encouraged to marry their children young because it is
the accepted cultural practice. In Nepal, for example, a 2013 study conducted
by UNICEF found that three of the five main reasons given by respondents
for marriage under 18 years of age were social pressure, culture and because
“it is normal – everyone does it”.31 Plan International also notes that parents’
decisions to marry their daughters at an early age are often motivated by
stereotypical views of sexuality and women’s role in society.32 In these
circumstances, marriage is viewed as a way to protect girls from the risk of
sexual violence, prevent pre-marital relations and potential dishonour to the
family, avoid criticism of older unmarried girls as impure,33 restore family
honour in cases of sexual violence or hide real or perceived sexual

28
UNICEF, Committing to Child Survival: A Promise Renewed, Progress Report
(September 2012).
29
Committee on the Elimination of Discrimination against Women, general
recommendation No. 21.
30
See www.plan-uk.org/early-and-forced-marriage/.
31
UNICEF submission, p. 7.
32
Plan International submission 2, para. 10.
33
UNICEF submission, p. 7.

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orientation.34
20. The risk of child, early and forced marriage is also exacerbated for girls
in conflict and humanitarian crisis situations, where the increased risks of
poverty from financial instability and sexual violence leave girls even more
vulnerable to this practice.35 For instance, reports of the independent
international commission of inquiry on the Syrian Arab Republic noted an
increase in child, early and forced marriage, as families felt their daughters
would be safer if married.36

V. Human rights impact of child, early and forced

marriage
21. The impact of child, early and forced marriage on the realization and
enjoyment of girls’ and women’s rights can be wide ranging.37 It can imply
significant age and power differentials between a bride and her spouse,
which undermine the agency and autonomy of girls and young women. In
this context, girls and young women often face physical, psychological,
economic and sexual violence, and restrictions on their movement. Women
and girls in situations of child and forced marriage may experience
conditions inside a marriage which meet “international legal definitions of
slavery and slavery-like practices” including servile marriage, sexual slavery,
child servitude, child trafficking and forced labour, and “a potentially high
proportion of child marriage cases appear to constitute the worst forms of
child labour under the 1999 ILO Convention No. 182.”38
22. Girls and young women who challenge, or are perceived as
challenging, the power dynamics within the family are often subjected to
severe consequences, including crimes committed in the name of “honour”
and other forms of violence. The Special Representative of the
Secretary-General on Violence against Children has drawn attention to how

34
Submission from Protect and Save the Children Association of Selangor and Kuala
Lumpur, “Child marriage – situation in Malaysia” (2013), p. 1; report of the Special
Rapporteur on the sale of children, child prostitution and child pornography
(A/HRC/25/48), para. 26; and Plan International submission, p. 10.
35
See, for example, J . Schlecht, E. Rowley, J. Babirye, “Early relationships and marriage
in conflict and post-conflict settings: vulnerability of youth in Uganda”, Reproductive
Health Matters, Vol. 21, No. 41 (May 2013), pp. 234–42; Human Rights Watch, “How
come you allow little girls to get married?” (2011); Report of the Secretary-General on
forced marriage of the girl child (E/CN.6/2008/4), pp. 4–5.
36
A/HRC/23/58, para. 35, and A/HRC/24/46, para. 36.
37
For more information on the health consequences of child marriage, in particular the
impact on access to sexual and reproductive health rights, see submissions from
UNICEF, UNFPA and the Sexual Rights Initiative and Center for Reproductive Rights.
See also UNFPA, Motherhood in childhood: Facing the challenge of adolescent
pregnancy (see note 4), overview and pp. 11 and 23; and A/HRC/18/27.
38
Anti-Slavery International, “Out of the shadows: child marriage and slavery” (April
2013).

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child marriage makes girls especially vulnerable to violence and abuse.39

23. Child, early and forced marriage is associated with a range of poor
health and social outcomes and other negative consequences. Specifically,
early and frequent pregnancies and forced continuation of pregnancy are all
common in child marriages. They are closely linked to high maternal and
infant morbidity and mortality rates and can have an adverse effect on girls’
sexual and reproductive health.40 In fact, “pregnancy-related complications
are the main cause of death for young women, with girls being twice as likely
to die from childbirth as women in their twenties”.41 Girls and women who
are subjected to child, early and forced marriage are often not empowered to
make decisions about, or lack accurate information about, their sexual and
reproductive health, which compromises their ability to, inter alia, decide on
the number and spacing of their children and negotiate contraceptive use,
and places them at heightened risk of contracting sexually transmitted
infections and HIV.
24. Child marriage and early childbearing are also recognized as
significant obstacles to ensuring educational, employment and other
economic opportunities for girls and young women.42 Often, girls are
discouraged from attending school when they get married or may be
expelled from school when they become pregnant and are treated as adult
women regardless of their age. Research by Plan International in Kenya
found, for example, that 84.2 per cent of girls who were married reported
that they no longer had time to enjoy an education because of their new
responsibilities as married girls.43

39
Special Representative of the Secretary-General on Violence against Children and
Plan International “Protecting children from harmful practices in plural legal
systems” (2012). See also Plan International, “A girl’s right to say no to marriage:
working to end child marriage and keep girls in school” (2013).
40
OHCHR, Practices in adopting a human rights-based approach to eliminate
preventable maternal mortality and human rights (A/HRC/18/27 and Corr.1 and 2),
para. 11.
41
Ibid.
42
Commission of the Status for Women resolution 51/3. See also the Programme of
Action of the United Nations International Conference on Population and
Development, paras. 4.21 and 7.41, the Beijing Platform for Action, para. 93, and the
Joint Statement issued by a group of United Nations human rights experts to mark the
first International Day of the Girl Child, 2012. Additional information on the social
and economic consequences can be found in the Plan International submission.
43
Plan Kenya, 2012, “Because I am a Girl: Country Report”, p. 8.

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VI. Measures and strategies to prevent and eliminate

child, early and forced marriage

A. Legislative measures

25. States are increasingly taking legislative measures to address child,

early and forced marriage. These include amendments to laws to raise the
minimum age of marriage to 18 for both girls and boys, prohibition of child
and forced marriage, sanctions against the perpetrators of child, early and
forced marriage and implementation of compulsory registration of all
marriages.44 The Syrian Arab Republic, for instance, reported that a
ministerial committee, established to study articles in all Syrian laws which
discriminate against women and children, had proposed amendments to the
legal age and prevention of child, early and forced marriage.45 Sweden also
reported that it was in the process of strengthening legal protection against
forced marriage and child marriage. The Committees on the Elimination of
Discrimination against Women and on the Rights of the Child have welcomed
instances of such progress in their recent reviews of States parties’ reports,
including those of Albania (CEDAW/C/ALB/CO/3), Azerbaijan
(CRC/C/AZE/CO/3-4), Benin CRC/C/BEN/CO/2), Egypt (CRC/C/EGY/CO/3-4), France
(CRC/C/FRA/CO/4), Guinea-Bissau (CRC/C/GNB/CO/2-4), Kenya
(CEDAW/C/KEN/CO/7), Madagascar (CRC/C/15/Add.218) and the Republic of
Korea (CEDAW/C/KOR/CO/7).46
26. Various States indicated in their responses that they have regulations
on civil and criminal remedies and other administrative regulations for
victims of child and forced marriage. For instance, in the United Kingdom
Forced Marriage (Civil Protection) Act 2007 provides a specific civil remedy to
prevent forced marriage and to assist victims where a marriage has already
taken place through a Forced Marriage Protection Order (FMPO). Such
Orders can include forbidding a person to be taken overseas, or ordering that
they be returned to the United Kingdom. An application for a protection
order can be made by the person at risk or a third party acting on their
behalf.47 Other countries are considering reforming their laws to provide
specific remedies in cases of child, early and forced marriage.48

44
Several countries have seen a rise in the number of birth registrations following the
enactment of legislation. For more on civil registration (including birth registration)
and vital statistics, see Plan International submission.
45
Submission from the Syrian Arab Republic.
46
Recommendations can be found at www.ohchr.org either in the treaty bodies
database or on the Committees’ own websites.
47
Submission from the United Kingdom of Great Britain and Northern Ireland. The
protection orders have proved useful in cases where the child is in imminent danger
of being removed from the jurisdiction for the purpose of marriage. An emergency
protection order normally lasts eight days with a possible extension of seven days,
which buys the authorities time to apply for more long-term protection, e.g., a care
order. See also submission from Ruth Gaffney-Rhys, University of South Wales.
48
Submissions from Switzerland and the Netherlands.

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27. Many countries have also enacted laws which impose a criminal
penalty for forcing someone to marry or for performing marriages of persons
below the age of 18. For example, in February 2013, the Australian
Parliament adopted the Slavery Act, which recognizes “forced marriage as a
serious form of exploitation and a crime, akin to a slavery-like practice”.49
Under this Act, forced marriage offences carry a maximum penalty of four
years’ imprisonment, or seven years’ imprisonment for an aggravated
offence. An offence may be aggravated in several circumstances, including
where the victim is under the age of 18. The offence of forced marriage
applies to any person with a role in bringing about the forced marriage,
including families, friends, wedding planners or marriage celebrants.
Azerbaijan has also amended its criminal code to include forced marriage as
a criminal offence. In the United Kingdom, a parliamentary process is under
way to introduce a specific criminal offence of forcing someone to marry.50

B. Policies, action plans and coordination mechanisms

28. Several submissions reported on efforts to strengthen national

coordination among government bodies, civil society organizations and
United Nations agencies and development partners and on the development
of multidisciplinary action plans. Examples include the recently launched
Alliance to End Child Marriage in Ethiopia steered by the Ministry of Women.
The Alliance is to implement a joint strategy drafted by the Government in
partnership with donors, civil society organizations and other development
actors to combat female genital mutilation/cutting, child marriage and
abduction.51 In Sierra Leone, the National Strategy for the Prevention of
Teenage Pregnancy (2013-2018) addresses child marriage and engages
multiple ministries as well as a large number of stakeholders to accelerate
change.52 Norway has implemented four action plans on forced marriage,
covering legislative changes, awareness-raising and crisis housing as well as
a national information helpline on forced marriage.53 Various States reported
that they had increased coordination structures at the local level, in the form
of committees which include representatives from local government and civil
society organizations.54

49
Submission from Australia, p. 3.
50
Submission from the United Kingdom.
51
See
ethiopia.unfpa.org/2013/10/24/8249/ethiopia_launches_alliance_to_end_child_marriag
e/.
52
UNICEF submission.
53
Oslo Red Cross submission.
54
Submission from Canada.

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C. Engagement of religious and traditional leaders and service

providers

29. Responses received provided examples of how effective

implementation of policies and plans had been strengthened through
partnerships with traditional and religious leaders. For example, Girls
Empowerment Network Malawi reported a decrease in child marriages after
it ran a campaign encouraging traditional leaders and parents to devise
strategies to prevent child marriage. The campaign led to tribal and
traditional leaders’ edicts banning the practice, which are being replicated in
other areas.55 In Indonesia, the involvement of religious and village leaders in
media campaigns has led to a marked reduction in a practice called merarik,
whereby girls are kidnapped if their parents do not agree to a marriage or
when the bride price or the dowry is too high and which is increasingly used
to kidnap girls for sexual slavery and trafficking.56
30. State programmes which provide support to women and girls who are
already married highlighted the direct involvement of teachers, health
workers, law enforcement and judicial officials and social workers, and the
active participation of girls who are at risk of being married.57

D. Education and empowerment of girls and women

31. A common theme in the submissions received was the critical need to
ensure the empowerment of women and girls through, inter alia, education
and access to resources as the best preventive measures against child
marriage and for the full realization of the human rights of women and girls.
32. Initiatives mentioned include direct financial support to families and
guardians to encourage girls to continue their education;58 efforts to increase
the enrolment and retention rate of girls in school, such as lower cut-off
re-entry points and scholarships for girls; and programmes that provide
non-formal education and vocational training, development of livelihood
skills and life skills education.59 Several countries also indicated that they
were supporting girls’ empowerment through programmes that target girls at
risk of child marriage and those that are married.
33. Examples of the above-mentioned initiatives include the following: in
Egypt, the Ishraq programme, which prepares out-of-school girls, including
those forced to drop out of school upon marriage or motherhood, for re-entry

55
Submissions from GNB USA and GNB Zambia..
56
Secretariat submission, p. 16.
57

ethiopia.unfpa.org/2013/10/24/8249/ethiopia_launches_alliance_to_end_child_m
arriage/. See also submissions from UNICEF, Oslo Red Cross, Canada and Girls
Empowerment Network Malawi.
58
UNICEF submission.
59
Submissions from the Red Elephant Foundation, p. 15 and Organisation of African
Youth – Cameroon.

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into the formal school system;60 in Cameroon, the Government, working in

partnership with civil society organizations, has signed a declaration with the
Council of Imams on the importance of education for girls;61 in Turkey, the
Government has adopted legislation that extends the length of compulsory
education from 8 to 12 years;62 in Germany, victims or potential victims of
child, early and forced marriage are empowered through educational and
vocational opportunities to enable them to better defend themselves against
being forcibly married and to seek out help;63 and in Nigeria, the
Government’s early marriage programmes include scholarships, conditional
cash transfers, economic empowerment and community mobilization.64
34. Several submissions highlighted how women’s organizations have
mobilized to strengthen awareness of child, early and forced marriage. For
instance, in Canada, there is a coalition called Network of Agencies Against
Forced Marriage with approximately 80 members.65 UNICEF is increasingly
deploying technology as a way of engaging adolescent girls and boys to
become agents of change in their communities and nations. In Uganda,
UNICEF U-report used text messages and mobile telephones to stimulate
national debate on child marriage, teenage pregnancies and, especially, the
issue of pregnant girls being asked to drop out of school.66

E. Awareness-raising

35. Several responses indicated that awareness-raising on the harms of

child, early and forced marriage, including among men and boys, often
contributes to promoting social norms that support efforts by girls and their
families to delay the age of marriage. To address some of the underlying
social norms and individual attitudes, some countries are showing signs of
decreasing support for the practice amongst the wider society. For example,
in the Indian state of Rajasthan, following televised community weddings
and other community-level measures to raise awareness of the law
criminalizing child marriage, a number of villages declared their collective
commitment to ending the practice of child marriage through the signing of
petitions.67
36. Several States are working to raise awareness in collaboration with
religious and civil marriage celebrants, migrant and legal resource centres,
domestic violence services, child support agencies, families and community
leaders, and women, girls and boys from vulnerable groups.68 Examples

60
GNP USA submission, p. 7.
61
Commonwealth Secretariat submission, p. 14.
62
ECPAT International submission, p. 16. Detailed examples of educational programmes
of civil society organizations can be found in the ECPAT International submission.
63
Submission from Germany, p. 2.
64
ECPAT International submission, p. 21.
65
South Asian Legal Clinic of Ontario submission.
66
UNICEF submission, p. 6.
67
UNICEF submission.
68
Submissions from Australia, Switzerland, France and Uzbekistan.

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include the Government of Zambia, which, in partnership with traditional

leaders and civil society organizations, has launched a national campaign to
end child marriages. The campaign has stimulated public discussion at
village gatherings and several chiefdoms have subsequently banned the
practice. In Malaysia, the Minister of Women, Family and Community
Development publicly spoke out about the increased trend towards child
marriage despite the existence of legislation and pointed out the danger it
poses to the health of young girls.69 Canada reported that civil society
organizations, particularly immigrant women’s organizations, are providing
information about forced marriage alongside other topics, such as girls’
leadership. A number of organizations reported on awareness-raising and
sensitization campaigns on the illegality and harmful effects of child, early
and forced marriage in conflict situations and humanitarian crisis settings.70

F. Protection measures

37. Various responses highlighted the importance of ensuring appropriate

safety and protection measures for victims of child, early and forced
marriage, such as specifically designed temporary shelters and making
special services available at shelters for victims of violence. Australia,
through its Support for Trafficked People Program, is providing support
services for suspected victims of forced marriage, including shelters.71
38. As mentioned above, the United Kingdom Civil Protection Act enables
victims and third parties to obtain forced marriage protection orders and
discussions are under way to criminalize breaches of such orders.72
Switzerland is looking into the possibility of introducing similar protection
orders73 and Quebec, Canada, has initiated a study on whether to introduce
civil protection orders.74 In 2006, India enacted the Prohibition of Child
Marriage Act, which enables courts to intervene through stay orders to stop
imminent child marriages and impose punitive sanctions. Under this Act,
victims have the right to seek annulment of the marriage and may seek
redress by claiming financial support from the husband/in-laws until they

69
Association of Salangor and Kuala Lumpur submission, p. 2.
70
See for example, World Vision “Untying the knot: exploring early marriage in fragile
States” (March, 2013), available from:
www.worldvision.org/resources.nsf/main/press-reports/$file/Untying-the-
Knot_report.pdf; J. Schlecht, E. Rowley, J. Babirye, “Early relationships and marriage
in conflict and post-conflict settings: vulnerability of youth in Uganda” (note 35).
According to UNFPA, “These girls are called ‘famine brides’ in food-insecure Kenya.
Young girls were married to ‘tsunami widowers’ in Sri Lanka, Indonesia and India as
a way to obtain State subsidies for marrying and starting a family. During the
conflicts in Liberia, Uganda and Sudan, girls were abducted and given as ‘bush wives’
to warlords, or even given by their families in exchange for protection”, UNFPA,
Marrying Too Young: End Child Marriage (New York, 2012), p. 12.
71
Submission from Australia, p. 3.
72
Southall Black Sisters submission, p. 3.
73
Submission from Switzerland, Rapport du Conseil fédéral à l’intention de l’Assemblée
fédérale donnant suite à la motion 09.4229.

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are remarried.75
39. Measures taken to protect vulnerable witnesses and victims can be
instrumental in promoting the prosecution of cases of child, early and forced
marriage. Australia, for example, highlighted the fact that, in June 2013, its
Parliament passed the Vulnerable Witness Act, which allows vulnerable
witnesses to give evidence in criminal proceedings by closed-circuit
television, video link or video recording, limit their contact with the
defendant or members of the public and have a support person with them
while giving evidence.76
40. Several States are implementing training programmes for relevant
public officials, including law enforcement and local administration officers.
For instance, the Government of Switzerland has allocated funding for its
newly established “Control Networks on forced marriages”. The networks
offer coaching and counselling for victims of child, early and forced marriage
and training for professionals providing access to support services.77 In
Canada, there are plans for online training on forced marriage and
“honour”-based violence developed by the Royal Canadian Mounted Police to
be made available to municipal police and other agencies.78 In Australia, a
module about forced marriage issues is now part of the compulsory ongoing
professional development training provided to civil celebrants.79 The
Government of Oman, in partnership with UNICEF, is preparing a training
programme for teachers, law enforcement workers and those working in
other relevant fields on protection of the family which will include child
marriages.80 The Government of the United Kingdom has issued guidelines on
forced marriage with the intention of improving practices among frontline
workers, including the police and social services.81

VII. Challenges and implementation gaps

41. A number of challenges and implementation gaps have been
highlighted in the submissions for the report.
42. With regard to challenges relating to the legal framework and the
implementation of laws, 147 countries currently permit children below the

75
Save the Children submission, p. 4.
76
Submission from Australia, p. 2.
77
Submission from Switzerland.
78
Submission from Canada. For more examples of awareness-raising, see Plan UK, 2013,
“Girls’ access to and Completion of Lower Secondary Education in Malawi: PPA
Building Skills for Life for Adolescent Girls Programme Mid-term Evaluation Report”.
79
Submission from Australia, p. 4.
80
Submissions from Australia, the Netherlands and Oman. For information on child
marriage among indigenous communities, see “Breaking the silence on violence
against indigenous girls, adolescents and young women” (ILO, UN Women, UNFPA,
UNICEF, 2013).
80
Submission from Oman.
81
Submission from the United Kingdom. See also submission from Ruth Gaffney-Rhys,
University of South Wales.

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age of 18 to be married, either with parental, spousal or caregiver consent,

with court permission or in accordance with cultural practices or religious
laws.82 Of the 147 countries, 54 allow for girls to marry at a younger age than
boys. In the majority of cases, marriage provisions in plural legal systems are
inconsistent with international obligations.83 For instance, in some cases, the
Civil Law establishes the minimum age of marriage at 18 years, while
customary and religious law enables a parent, often the father, to decide the
appropriate age of marriage for a daughter.84 Several countries with plural
legal systems also have laws that apply different marital ages to different
religious communities.85 In other countries, the minimum age of marriage is
based on the age of criminal responsibility, the age of sexual consent, the
onset of puberty or pregnancy.86
43. Another challenge is related to laws that exempt a rapist from
punishment if he marries his victim.87 In some circumstances, it may be
possible to use laws relating to rape or statutory rape to assist girls subjected
to child marriage; however in many countries the law provides an exception
when the perpetrator is the husband.88
44. Provisions relating to child, early and forced marriage are often
contained in various, sometimes conflicting laws. For instance, in Egypt, such
provisions concerning child, early and forced marriage can be found in the
Children Law, the Penal Code, the Civil Status Law, the Law on the Combating
of Human Trafficking and Decree No. 11 of 2011 on the criminalization of
harassment.89 In Nigeria, the Child Rights Act stipulates 18 years of age for
marriage with some much lower state exceptions, and conflicts with the
relevant constitutional provision.90
45. Even when the legislation is in line with international standards,

82
See Center for Reproductive Rights submission, p. 2; see also Guttmacher Institute and
International Planned Parenthood Federation, 2013, cited in UNFPA, Background
paper for the State of the World Population, 2013, available from
www.unfpa.org/webdav/site/global/shared/swp2013/Background%20paper%20on%20
human%20rights%20by%20Christina%20Zampas.pdf
83
Musawah submission, p. 3.
84
See, for examples, submissions from Studies and Research Center on Women issues in
Islam; Justice for Iran, and Save the Children.
85
See the concluding observations of the Committee on the Elimination of
Discrimination against Women on Israel (CEDAW/C/ISR/CO/5) and the State party
report of Kenya for that Committee (CEDAW/C/KEN/7); and State party report of
Trinidad and Tobago for the Committee on the Rights of the Child (CRC/C/83/Add.12).
86
See, for example, the concluding observations of the Committee on the Rights of the
Child on El Salvador (CRC/C/SLV/Q/3-4/Add.1), Eritrea (CRC/C/ERI/3) and Guatemala
(CRC/C/GTM/3-4).
87
Equality Now, “Protecting the girl child: using the law to help end child, early and
forced marriage and related human rights violations”, available from:
www.equalitynow.org/sites/default/files/Protecting_the_Girl_Child_Annex_v3.pdf.
88
Ibid.
89
Submission from Egypt.
90
Section 29 (4) of the Nigerian Constitution states that a woman is deemed to be of full
age upon marriage; see also Committee on the Rights of the Child, concluding
observations (CRC/C/NGA/CO/3-4).

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effective implementation of the law is often constrained by the continued

presence of underlying conditions which, as noted by UNFPA, include
“Gender inequality, lack of protection of girls’ human rights, persistent
traditions in favour of early marriage, poverty, humanitarian crises and
tough economic realities.”91 Furthermore, deeply embedded cultural beliefs
and lack of awareness amongst officials, parents and families about the
reasons for legislating against child, early and forced marriage and the
harmful consequences of the practice often hinder the application of the
legislation.92
46. Several civil society organizations noted that criminalization of early
marriage may deter victims, especially those from immigrant or minority
communities, from coming forward, particularly if it may result in the
criminal prosecution and imprisonment of family members.93 They
highlighted the need to accompany legal reforms with awareness-raising
efforts for families and communities.
47. The absence of systematic free and compulsory marriage and birth
registration in an official registry and the absence of compulsory registration
of customary and religious marriages,94 have been identified as major
stumbling blocks for the implementation of existing child protection
legislation.95
48. Several States reported that marriages concluded under force might be
voidable, annulled or dissolved.96 However, civil society organization
submissions indicate that in many countries, victims of child, early and
forced marriage face legal and practical barriers to accessing remedial
action. These barriers include time limitations on petitions for annulment,
economic constraints and the requirement that “a girl has the support of an
adult if she is still a minor” in order for her to submit a petition.97
Furthermore, laws that provide only for civil remedies commonly place the

91
See for examples submissions from the Zambia Chapter of GNB; the Nigerian Chapter
of GNB; Save the Children, François-Xavier Bagnoud (FXB) Center for Health and
Human Rights; the Red Elephant Foundation, and Children’s Dignity Forum (CDF)
UNFPA, Marrying too young (see note 70), p. 50.
92
Submissions from the Red Elephant Foundation, p. 14; Southall Black Sisters, p. 1; and
the Commonwealth Secretariat, p. 10.
93
This concern was raised by Southall Black Sisters and were supported by 33 other
organizations (Southall Black Sisters submission, p. 7).
94
See the concluding observations of the Committee on the Elimination of
Discrimination against Women on Botswana and Kyrgyzstan.
95
Plan International submission, p. 4. Plan International is supporting the development
of an online birth registration information system in Bangladesh, with the aim of
preventing tampering with birth dates to falsify the age of a girl at marriage.
96
In the United Kingdom, for example, victims of forced marriage have the option of
petitioning for an annulment rather than a divorce in view of the lesser stigma that is
attached to annulment (submission from Ruth Gaffney-Rhys, p. 1). In Switzerland, the
Federal Council has launched a federal programme against forced marriage which
contains preventive measures for women and girls and protective measures for those
who have already been forcefully married. The programme will run from 2013 to
2017.
97
Center for Reproductive Rights submission, p. 2.

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onus on the girl herself to apply for annulment of the marriage. In the United
Kingdom for instance, calls have been made to abolish or extend the time
limit for lodging nullity petitions in order to protect the victims of forced
marriage, as many victims are married young and “lack the confidence to
challenge their situation” in the first years of marriage, which means that
they will often be statute barred from petitioning for an annulment.98
49. Ensuring proper funding for organizations providing refuge for victims
of child, early and forced marriage is also a challenge. Women’s Aid, a United
Kingdom-based CSO which provides refuge to victims of domestic violence,
including forced marriage, reported turning away significant numbers of
women on a daily basis owing to lack of space.99
50. Concerning prevention, access to quality education for girls continues
to be a major challenge in many countries. Although various governments
have made important progress in improving access to education within the
framework of their Millennium Development Goals programmes, structural
and systemic barriers, such as entrenched social norms whereby parents
frequently opt to invest in their sons’ education over their daughters’ and
considerable resource constraints mean that a large number of young people,
particularly girls, remain out of school.100 The Government of Ethiopia
estimates that the number of schools needs to be more than doubled to cope
with the demand generated by the major increase in primary enrolments
over the past 15 years.101 Laws that prevent pregnant girls from attending
school, such as those in Papua New Guinea and Swaziland, mean that
married children’s access can be severely curtailed.102 The quality of education
also continues to remain a concern.
51. The continued presence of social pressure that views child, early and
forced marriage as a means to avoid pregnancy outside of wedlock and to
maintain honour in cases of rape, also remains a challenge.103 A small number
of submissions received reported on efforts to address stigma associated with
sexual violence and women’s sexuality.

98
Equality Now submission.
99
Submission from Ruth Gaffney-Rhys.
100
Plan International submission.
101
Ethiopia Welfare and Monitoring Survey, 2011.
102
Equality Now submission, p. 11.
103
Save the Children reported that, in Nepal, there were cases of suicide by girls who
were separated from their intended husbands (Save the Children submission, p. 5).

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VIII. Conclusions and recommendations

52. Despite progress made, significant challenges remain in the
adoption and implementation of laws, polices and strategies to address
the systemic and underlying factors which allow the marriage of
children to persist and prevent women from marrying a spouse of their
choice. Currently, legislation in 147 countries contains exceptions
permitting the marriage of children below the age of 18 and, even where
legislation is in line with international standards, the prohibition of
child and forced marriage is difficult to implement owing to a number of
the challenges discussed above, including cultural attitudes supporting
the practice.
53. Comprehensive and coordinated approaches are needed in order
to effectively address child, early and forced marriage. It is
recommended that national policies and strategies be developed and
implemented with the involvement of relevant government departments
at the national and local levels, civil society organizations, including
women’s groups, religious and community leaders, national human
rights institutions and other relevant stakeholders, including legislators
and the judiciary.
54. Policy and protection measures, action and strategies should be
guided by the best interests of the child, be context-appropriate and in
accordance with international human rights standards. They should be
part of broader efforts to promote equality and eliminate discrimination
against women and girls not only in access to education, but also, inter
alia, in the areas of employment, political participation, health, access to
inheritance, land and productive resources. Such policies and plans, as
appropriate, should encompass the following broad areas of focus:
(a) Ensuring a national legal framework in line with
international human rights standards, including with regard to the age
of majority and the legal age for marriage for girls and boys, the
prohibition of forced marriage and birth and marriage registration;
(b) Harmonizing national laws on marriage, including by
amending existing laws to remove legal obstacles faced by girls who
seek the enforcement of national laws on child marriage prevention or
prohibition and legal remedies; removing unreasonable legal
requirements for formally ending a child marriage; and providing
access to remedies for those who leave a marriage;
(c) Promoting girls’ access to high-quality education, in
accordance with relevant international standards, including tailored
reintegration programmes for girls who are forced to drop out of school
owing to marriage and/or childbirth; the provision of economic support
and incentives to girls attending schools and to their families has proven
to be effective in allowing girls to pursue higher education and delay

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marriage;
(d) Promoting women’s economic empowerment and access to
productive resources, including by addressing discriminatory norms
and practices in this regard.
(e) Addressing the widespread cultural and social acceptance of
child, early and forced marriage, including by raising awareness of its
harm to the victims and the cost to society at large and by providing
platforms and opportunities for discussion within communities and
families on the benefits of delaying marriage and ensuring that girls
receive education. The involvement of older women and of religious and
community leaders, and the engagement of men and boys as key
participants in these efforts is essential;
(f) Providing age-appropriate, culturally relevant and
empirically based comprehensive education on sexuality, sexual and
reproductive health, gender equality and life-skills training for women
and girls, and ensuring that women and girls are made aware of and
have the capacity to claim and exercise their rights in relation to
marriage;
(g) Supporting the establishment of networks to facilitate the
exchange of information between girls and young women on child, early
and forced marriage through the innovative use of technology;
(h) Implementing training programmes for government officials,
the judiciary, law enforcement and other State officials, teachers, health
and other service workers, those working with immigrants and asylum
seekers, and relevant professionals and sectors on how to identify girls
at risk or actual victims and on applicable legislation and prevention
and care measures;
(i) Providing adequate financial resources and support to
comprehensive programmes to address child, early and forced
marriage, including those aimed at married girls and those within
indigenous and rural communities, in cooperation with United Nations
agencies, regional organizations, civil society organizations and other
relevant stakeholders;
(j) Improving data collection, research and dissemination of
existing good practices and ensuring a clear analysis and assessment of
the impact of existing policies and programmes as a means of
strengthening them, ensuring their effectiveness and monitoring their
implementation.

22