CEDAW/C/GC/31-CRC/C/GC/18
marriages (coercing a widow to marry a relative of her deceased husband). In some
contexts, a forced marriage may occur when a rapist is permitted to escape criminal
sanctions by marrying the victim, usually with the consent of her family. Forced
marriages may occur in the context of migration in order to ensure that a girl
marries within the family’s community of origin or to provide extended family
members or others with documents to migrate to and/or live in a particular
destination country. Forced marriages are also increasingly being used by armed
groups during conflict or may be a means for a girl to escape post-conflict
poverty. 10 Forced marriage may also be defined as a marriage in which one of the
parties is not permitted to end or leave it. Forced marriages often result in girls
lacking personal and economic autonomy and attempting to flee or commit selfimmolation or suicide to avoid or escape the marriage.
24. The payment of dowries and bride prices, which varies among practising
communities, may increase the vulnerability of women and girls to violence and to
other harmful practices. The husband or his family members may engage in acts of
physical or psychological violence, including murder, burning and acid attacks, for
failure to fulfil expectations regarding the payment of a dowry or its size. In some
cases, families will agree to the temporary “marriage” of their daughter in exchange
for financial gains, also referred to as a contractual marriage, which is a form of
trafficking in human beings. States parties to the Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child prostitution and
child pornography have explicit obligations with regard to child and/or forced
marriages that include dowry payments or bride prices because they could constitute
a sale of children as defined in article 2 (a) of the Protocol. 11 The Committee on the
Elimination of Discrimination against Women has repeatedly stressed that allowing
marriage to be arranged by such payment or preferment violates the right to freely
choose a spouse and has in its general recommendation No. 29 outlined that such
practice should not be required for a marriage to be valid and that such agreements
should not be recognized by a State party as enforceable.
C.
Polygamy
25. Polygamy is contrary to the dignity of women and girls and infringes on their
human rights and freedoms, including equality and protection within the family.
Polygamy varies across, and within, legal and social contexts and its impact
includes harm to the health of wives, understood as physical, mental and social
well-being, the material harm and deprivation that wives are liable to suffer and
emotional and material harm to children, often with serious consequences for their
welfare.
26. While many States parties have chosen to ban polygamy, it continues to be
practised in some countries, whether legally or illegally. Although throughout
history polygamous family systems have been functional in some agricultural
societies as a way of ensuring larger labour forces for individual families, studies
have shown that polygamy actually often results in increased poverty in the family,
especially in rural areas.
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10
11
8/24
Committee on the Elimination of Discrimination against Women general recommendation
No. 30, para. 62.
See also art. 3 (1)(a)(i).
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