CEDAW/C/GC/31-CRC/C/GC/18
27. Both women and girls find themselves in polygamous unions, with evidence
showing that girls are much more likely to be married or betrothed to much older
men, increasing the risk of violence and violations of their rights. The coexistence
of statutory laws with religious, personal status and traditional customary laws and
practices often contributes to the persistence of the practice. In some States parties,
however, polygamy is authorized by civil law. Constitutional and other provisions
that protect the right to culture and religion have also at times been used to justify
laws and practices that allow for polygamous unions.
28. States parties to the Convention on the Elimination of All Forms of
Discrimination against Women have explicit obligations to discourage and prohibit
polygamy because it is contrary to the Convention. 12 The Committee on the
Elimination of Discrimination against Women also contends that polygamy has
significant ramifications for the economic well-being of women and their
children. 13
D.
Crimes committed in the name of so-called honour
29. Crimes committed in the name of so-called honour are acts of violence that are
disproportionately, although not exclusively, committed against girls and women
because family members consider that some suspected, perceived or actual
behaviour will bring dishonour to the family or community. Such forms of
behaviour include entering into sexual relations before marriage, refusing to agree
to an arranged marriage, entering into a marriage without parental consent,
committing adultery, seeking divorce, dressing in a way that is viewed as
unacceptable to the community, working outside the home or generally failing to
conform to stereotyped gender roles. Crimes in the name of so-called honour may
also be committed against girls and women because they have been victims of
sexual violence.
30. Such crimes include murder and are frequently committed by a spouse, female
or male relative or a member of the victim’s community. Rather than being viewed
as criminal acts against women, crimes committed in the name of so-called honour
are often sanctioned by the community as a means of preserving and/or restoring the
integrity of its cultural, traditional, customary or religious norms following alleged
transgressions. In some contexts, national legislation or its practical application, or
the absence thereof, allows for the defence of honour to be presented as an
exculpatory or a mitigating circumstance for perpetrators of such crimes, resulting
in reduced sanctions or impunity. In addition, prosecution of cases may be impeded
by unwillingness on the part of individuals with knowledge of the case to provide
corroborating evidence.
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12
13
14-64765
Committee on the Elimination of Discrimination against Women general recommendations
Nos. 21, 28 and 29.
Committee on the Elimination of Discrimination against Women general recommendation
No. 29, para. 27.
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