CEDAW/C/GC/31-CRC/C/GC/18
the child), long-term gynaecological problems such as fistula, psychological effects
and death. The World Health Organization and the United Nations Children’s Fund
estimate that between 100 million and 140 million girls and women worldwide have
been subjected to a type of female genital mutilation.
B.
Child and/or forced marriage
20. Child marriage, also referred to as early marriage, is any marriage where at
least one of the parties is under 18 years of age. The overwhelming majority of child
marriages, both formal and informal, involve girls, although at times their spouses
are also under 18 years of age. A child marriage is considered to be a form of forced
marriage, given that one and/or both parties have not expressed full, free and
informed consent. As a matter of respecting the child’s evolving capacities and
autonomy in making decisions that affect her or his life, a marriage of a mature,
capable child below 18 years of age may be allowed in exceptional circumstances,
provided that the child is at least 16 years of age and that such decisions are made
by a judge based on legitimate exceptional grounds defined by law and on the
evidence of maturity, without deference to culture and tradition.
21. In some contexts, children are betrothed or married very young and, in many
cases, young girls are forced to marry a man who may be decades older. In 2012, the
United Nations Children’s Fund reported that almost 400 million women between
20 and 49 years of age around the world had been married or had entered into a
union before reaching 18 years of age. 9 The Committees have therefore been paying
particular attention to cases in which girls have been married against their full, free
and informed consent, such as when they have been married too young to be
physically and psychologically ready for adult life or to make conscious and
informed decisions and thus not ready to consent to marriage. Other examples
include cases in which guardians have the legal authority to consent to marriage of
girls in accordance with customary or statutory law and in which girls are thus
married contrary to the right to freely enter into marriage.
22. Child marriage is often accompanied by early and frequent pregnancy and
childbirth, resulting in higher than average maternal morbidity and mortality rates.
Pregnancy-related deaths are the leading cause of mortality for girls between 15 and
19 years of age, whether married or unmarried, around the world. Infant mortality
among the children of very young mothers is higher (sometimes as much as two
times higher) than among those of older mothers. In cases of child and/or forced
marriage, in particular where the husband is significantly older than the wife, and
where girls have limited education, the girls generally have limited decision-making
power in relation to their own lives. Child marriage also contributes to higher rates
of school dropout, especially among girls, forced exclusion from school and an
increased risk of domestic violence, in addition to limiting the enjoyment of the
right to freedom of movement.
23. Forced marriages are marriages in which one and/or both parties have not
personally expressed their full and free consent to the union. They may be
manifested in various forms, including child marriage, as indicated above, exchange
or trade-off marriages (i.e. baad and baadal), servile marriages and levirate
__________________
9
14-64765
See www.apromiserenewed.org.
7/24