CEDAW/C/GC/36
52. When girls are not in school, they are more likely to be forced to marry. The
discriminatory and harmful practices of child and/or forced marri age, associated with
religious or cultural practices in some societies, negatively impacts the right to
education. When girls are unable to finish their education because of child and/or
forced marriage and pregnancy, they face practical barriers, includin g forced
exclusion from school, social norms confining girls to the home and stigma. Child
marriage also contributes to an increased risk of domestic violence, reproductive
health risks and limitations to the right to freedom of movement. By failing to cur b
child marriage, Governments fail in their obligation to ensure access to education for
girls on an equal basis with boys.
53. In some regions of the world, the pervasive cultural practice of female genital
mutilation hinders and/or ends girls’ education. Complications following the
procedure can cause girls to be less focused in school or absent, resulting in poor
performance and ultimately premature termination of their studies. In some countries,
the high cost associated with the procedure also has an impact on parents’ capacity to
subsequently meet school expenses, resulting in girls dropping out of school. Forced
marriage after the procedure, considered an initiation into maturity, can also lead to
dropout due to pregnancy or a focus on responsibilitie s in the home.
54. Poverty, combined with cultural practices, necessitates children’s undertaking
both paid and unpaid work. In a report of 2015 on child labour and education, 10 the
International Labour Organization (ILO) indicated that 168 million children 5 to 17
years of age were trapped in child labour. Girls are overrepresented in the care
economy involving work in their own or others’ households and bear the double
burden of work inside and outside the home, often with little or no time left for
schooling. For those who manage to combine school and work, performance often
suffers, leading to dropout. In many regions, the practice of child labour is also
culturally determined, with children incorporated in family-related work in particular
seasons or on certain days of the week.
55. The Committee recommends that States parties take the following measures
to mitigate the impact of cultural and religious practices on girls’ and women’s
access to education:
(a) Protect girls and women from being deprived of their right to
education on the basis of patriarchal, religious or cultural norms and practices,
in line with joint general recommendation No. 31 of the Committee on the
Elimination of Discrimination against Women/general comment No. 18 of the
Committee on the Rights of the Child (2014) on harmful practices;
(b) Facilitate dialogue with religious and traditional leaders on the value
of educating girls and the importance of addressing practices and customs that
act as barriers to their participation at all levels of education;
(c) Ensure that the minimum age of marriage, with or without parental
consent, is set at 18 for girls, in line with joint general recommendation No.
31/general comment No. 18;
(d) Integrate the topic of female genital mutilation into formal and
non-formal education, so that it is openly discussed, without stigma, to enable
girls and women to receive accurate information on the detrimental and harmful
effects of the practice, in line with the Committee’s general recommendation No.
14 (1990) on female circumcision;
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ILO, World Report on Child Labour 2015: Paving the way to decent work for young people
(2015).
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