Plan International New York Liaison Office to the United Nations Tel: 1 917 398 0019 Fax: 1 917 261 6968 www. plan-international.org
Information Note on Child and Forced Marriage at the United Nations (UN) Introduction The One Plan UN Strategy for 2012-2016 has included the issue of “child and forced marriage” as a strategic priority under the key policy areas of Child Protection and Education. This is also in accordance with Plan’s Because I am Girl campaign (BIAAG), a large-scale public engagement campaign to prioritize adolescent girls’ education with the overarching goals of ensuring equal access; transitioning of girls from primary to secondary education; and addressing barriers to education that hinder girls from attending school. To this end the campaign identified two barriers, child marriage and gender based violence in schools – both protection issues – that hinder girls from attending school, and thus require greater efforts to address and eliminate them. The UN Offices will contribute to advocacy and engagement at the UN on child marriage through policy objectives seeking to:
Encourage member states to include in existing UN resolutions and documents language on ending child marriage and other harmful practices Encourage Member States to adopt a UN resolution to end child marriage Advocate for the implementation and strengthening of international legislation, consistent with international human rights obligations, to prohibit non-consensual marriage before the age of 18 Collaborate with SRSG on Violence Against Children (SRSG VAC), UNFPA, UNICEF, and UN Women, member states, and civil society to raise awareness and promote Plan’s policy priorities on addressing child marriage Support the BIAAG campaign engagement with the UN, including in the organization and participation of events, and the development of advocacy materials.
In order for the Plan UN Office to lead and coordinate Plans activities at the UN on the issue of child marriage, to fully and effectively implement the UN Strategy, and to support the goals of the BIAAG Advocacy Strategy, there is a need to forge a common understanding of the issue of child marriage at the UN. The purpose of this information note is to provide an understanding of the issue at the UN and to outline advocacy proposals to be undertaken by the Plan UN office in New York, supported by other relevant role players in the Organization, including the Plan UN office in Geneva, the Plan International New York Liaison Office to the United Nations 211 East 43rd Street, New York NY, 10017
Information Note: Child and Forced Marriage at the UN
global child protection reference group, the BIAAG advocacy group, the gender reference group, and the policy, advocacy and campaigns team at International Headquarters (IH), at the UN related to child marriage. Background Forced marriage is a marriage that takes place in which one or both of the persons is married without his/her consent or against his/her will. Child marriage is a marriage whereby a minor is deemed incapable of giving informed consent and so consent is given by an adult, sometimes because laws allow for children under the age of 18 years to be married with adult consent, sometimes under traditional and cultural duress, and sometimes because of tradition and culture. Child and forced marriage is one of the largest barriers to education girls face today. Upon reaching puberty, or sometimes before, girls become of marriageable age in many societies. This change in status occurs around the time of transition from primary to secondary education, a critical moment in a child’s education. Once married, girls rarely return to school, thus stopping their education at primary school and denying them their rights, as defined in the Convention on the Rights of the Child, to develop their talents and mental and physical abilities to their fullest potential.1 Child and forced marriage is one of the most prevalent forms of sexual abuse and exploitation of girls. It is most prevalent in South Asia and Sub-Saharan Africa, though it is practiced throughout the world. Often there is no national legislation requiring a minimum age for marriage. Even when there is, local custom, tradition and economic needs often prevent these legal restrictions from being implemented. In the majority of cases, consent is not given by the bride herself but by other authority figures such as her parents. Consequences of child and forced marriage include early termination of schooling, early pregnancy, maternal mortality and morbidity, violence against girls, STIs and HIV/AIDS. It constitutes a violation of a child’s human rights, as well as a violation of the child. The United Nations Framework Treaties and Declarations Child rights are based on international human rights treaties and laws. There are several main treaties and declarations which address the special needs of children, and, in particular, child marriage. Committees are established for most treaties. These committees regularly review their treaties and make general comments, which offer interpretations on the treaties, including filling in the gaps between the years when the treaties were developed and the evolving consciousness 1
CRC Article 29(1)(a)
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and laws of the international community. Below are some main treaties and declarations that address child marriage and/or marriage: Universal Declaration on Human Rights (UDHR) (1948): This is the main treaty body for international human rights. It sets out fundamental human rights to be universally protected. Article 16(2) states, marriage shall be entered into only with the free and full consent of the intending spouses. Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962): This treaty intends to strengthen article 16 of the UDHR. It has been signed and ratified by less than a third of all member states. Many signatories have placed strong reservations against this treaty. The treaty although dated, states in article 1, no marriages shall be legally entered into without the full and free consent of both parties, such consent to be expressed by them in person and in the presence of the authority competent to solemnize the marriage. Convention on the Rights of the Child (CRC) (1989): This is the main treaty body concerning child rights. All member states except the United States, Somalia, and South Sudan have signed and ratified this convention. The CRC defines a child as, every human being below the age of 18. International Covenant on Economic, Social and Cultural Rights: This treaty addresses economic, social and cultural rights. Article 10(1) states, marriage must be entered into with the free consent of the intending spouses. This covenant relies on the “progressive realization” of all obligations, which offers no concrete timeline for obligations to be achieved. Convention on the Elimination of All Forms of Discrimination against Women (Article 16(1)): This is the main treaty to address women’s rights and empowerment. It is the most reserved against Convention. Specifically, Article 16(1b), which states that women should have the same right freely to choose a spouse and to enter into marriage only with their free and full consent. Resolutions and Member States Child and forced marriage is addressed in several UN resolutions A UN resolution is a decision or recommendation that is made by countries that are members of the UN. For all different issues, matters, and subjects, resolutions are written and often put to a vote. If a country votes ‘yes’ for a resolution, they are saying they agree with it. Resolutions are not considered to be ‘laws’, but they are seen as being representative of common opinion, and as such, are to be implemented. Every year or two years, depending on the terms of the resolution, a resolution is revisited, updated and amended. UN resolutions are essentially what grind the wheels of the UN. Their importance should not be underestimated. Plan must work to influence these resolutions to address child and forced marriage and ultimately work to incorporate language, as well as policy requests in the resolutions.
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One good example of a resolution on a controversial issue equal to that of child marriage but that was successful is the African Group resolution to end Female Genital Mutilation in 2008. This impact of the adoption of this resolution has been profound. Female genital mutilation is on the decline around the world because better programmes are being put into place by both the UN and Governments to address the practice. And because this resolution was an initiative of the South, it had the support of many of the states that practice FGM, allowing the General Assembly to reach consensus more easily. The importance of which grouping and which country introduces a resolution should not be under-estimated. The UN is a place of geopolitics and the repercussions of this is what often results in some resolutions failing, others passing with full consensus, others put to a vote, and still others never brought to the table again. Consensus should always be the aim for any kind of implementation to be effective. Below are several resolutions which address or reference child marriage: The General Assembly Resolution on the Girl Child introduced by the Southern African Development Community (SADC). It is a bi-annual resolution. It’s most recent resolution focused a large section on child marriage and its effect on the girl-child. The General Assembly Resolution on the Rights of the Child. It is an annual resolution. Its report references child marriage. The most recent General Assembly Resolution on the Girl Child (A/RES/66/140) references child and forced marriage in several paragraphs as an aspect of violence against girls. It has 5 paragraphs focused exclusively on this issue and its consequences, and calls on states in 7 operational paragraphs (paragraphs which offer recommendations for the state to act upon) to enact legislation and programs that would end child and forced marriage and support girls’ empowerment. (See appendix). This is a significant increase in comparison to the previous resolution on the girl child two years ago, when child and forced marriage was addressed mostly in relation to its health consequences and as one aspect of violence against girls. Then there were also only 3 operational paragraphs that referenced child and forced marriage, with only one of those addressing child and forced marriage directly. What is significant about the recent resolution is that it calls for an end to child marriage and offers recommendations on how to do so. It is the leading resolution on the issue to date and the SADC countries lead on the issue of ending child marriage at the UN. This presents an opportunity for Plan to build on what exists and to foster cooperation with a group of countries who spearhead the fight to end child marriage at the UN. What is evident from this resolution is that child marriage is but one issue in an omnibus of issues related to the girl child. This means that bi-annually a resolution has a particular theme and the focus of the resolution may change from year to year depending on the theme. For this
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reason a resolution, which solely focused on ending child marriage should be introduced in the UN General Assembly (UNGA) and thus far this had not happened. Reports and UN Agencies The UN develops reports of the Secretary-General on the status of an issue if requested to do so by a resolution or if an assessment is required on the status or global progress of an issue. Often these reports contain recommendations by the Secretary-General on how to improve a situation. For example, the most recent report of the Secretary-General on the girl-child had a large focus on child marriage. As a result, the resolution on the girl child was updated to include some of the recommendations contained in the report And following each newly adopted resolution, another report is generally requested in preparation for the next introduction of a resolution. This cycle of reporting and recommending in the form of resolutions, is the work method of the main principal organs of the UN, the General Assembly, the Security Council and the ECOSOC. The reports most relevant to the issue of child marriage would be the reports of the SecretaryGeneral to the Third Committee under the agenda item, Rights of the Child, and the agenda item, The Advancement of Women. In addition to these are reports of the SRSG on VAC, the SRSG on violence against women (VAW), and reports for the Commission for the Status of Women (CSW). The Secretary-General reports are often written by UN agencies, with the help of experts, academia or non-governmental organizations who have appropriate and local knowledge. In general, the UN Agency whose mandate is most relevant to the topic will produce the requested report. For example, most CSW reports are written by UN Women as UN Women is considered the secretariat of the CSW. Reports on issues related to children, or even the girl-child, are likely to be written by UNICEF. Issues related to population and reproductive health are likely be written by UNFPA. As already stated, recommendations made in these reports are often incorporated into resolutions. And whilst these resolutions are not binding, they offer accepted frameworks for political pressure to improve policies and amendments to national legislation. Importantly, the reports produced, continue to expose global and national shortcomings on issues. Interacting with UN Agencies is therefore critical to increasing Plan’s influence on these reports and subsequently the resolutions. Plan must work to influence the reports of the SecretaryGeneral to address child and forced marriage, as part of influencing the recommendations or policy requests contained in those reports. This should become key to the advocacy we undertake with UN Agencies because these reports ultimately influence resolution.
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The General Assembly and the Third Committee The Third Committee is the Committee of the General Assembly responsible for addressing all Social, Humanitarian, Human Rights and Cultural issues. Accordingly the promotion and protection of the rights of the child is deliberated during the meeting of the Third Committee. Most relevant to Plan’s engagement of the Third Committee will be its relationship with regional groups and/or individual member states. It is these groups and member states that consider recommendation put forth by reports, to be incorporated into resolutions, or introduce innovative and new resolutions. If it is the goal of Plan’s advocacy on child marriage at the UN, to have a resolution calling for the end to child marriage, then Plan must strategically decide which Member States or regional groups to engage. Certain member states have already taken up the issue of child and forced marriage within the UN. Of particular note are the Member States of the SADC and their bi-annual resolution on the Girl Child. This initiative of the SADC is always endorsed by the larger Africa group, and generally supported by both countries of the South and North, giving it a substantial voice in the General Assembly. Key challenges on addressing child and forced marriage at the UN The Language and Terminology The language surrounding the issue of child and forced marriage is one of the main factors preventing this issue from being addressed effectively within the UN. The Plan UN office has held a number of consultations with several Member States on the language issue and can conclude there is a divide in the desired terminology. Most Southern states, such as those in Africa and South Asia, prefer the term “child and forced marriage.” This asserts clearly what problem needs to be addressed and which group is affected by the problem. Other states, mostly northern states prefer the term “early and forced marriage.” This is mostly due to the fact that current laws in many northern states allow for marriage below the age of 18, which is the age defined in the Convention of the Rights of the Child as the international age of majority. Any marriage below the age of 18 is considered by the convention to be a child marriage. By using the term “early,” countries can maneuver around the defined age of 18, and thereby insist that “early” is culturally relevant and appropriate as it upholds their national legislation. Many UN agencies use the term child marriage. UNICEF, in its communication on the issue uses the term child marriage and has been a strong advocate for the use of this term as opposed to early and forced marriage. They are currently in the process of developing a UNICEF report on child marriage. UNFPA in its recent organizational strategy used the term child and forced as opposed to early and forced. This preference is also evident from events hosted by the agency aptly entitled events on child marriage. The SRSG on violence against children in the report on harmful practices from the June 2012 meeting in Addis Ababa used the term child marriage. As stated before, the Secretary-General’s report on the girl child used child and forced marriage.
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And finally, a number of organizations within the child protection community use the term child marriage. The term offers a more concrete legal framework to engage the issue and to hold states accountable. The term make clear what the issue is that needs to be addressed and who the group is, most affected by its practice. As much as the UN is a place for policy, the UN is also a place of ambiguity and as long and words and terms remain ambiguous, the issues that need to be addressed by these words will not be addressed effectively because Member States can and will hide behind the ambiguity. It is therefore important that Plan be unified in advocacy on the issue of child marriage. If Plan wants to achieve the adoption of a resolution on ending child marriage at the UN, it would be strategic for Plan to align itself with language and terminology used by UN Agencies, the majority of Member States, reports of the Secretary-General of the UN etc. Parental Consent Many of the laws allowing marriage below the age of 18 stipulate that this is only permitted with the consent of the parent or other authority figure. This, parental consent, does not help prevent child and forced marriage because child marriage is always with the consent of the parents, legal guardian or authority figure. It is a case of where the one charged with protecting the child becomes the exploiter of the child. In the previously-mentioned resolutions, conventions, and treaties, the consent is intended to be consent of the individuals entering into marriage, not consent of their parents, legal guardians or other authority figures. Hence, if Plan is to address the issue of child marriage effectively, Plan must acknowledge this challenge and carry out advocacy with national governments, particularly in those countries where Plan has offices and where the laws of those countries allow for marriage under the age of 18yrs with parental consent. Advocacy to change laws and advocacy calling for the implementation and strengthening of international legislation, consistent with international human rights obligation to prohibit non-consensual marriage before the age of 18, must be considered. National Laws As mentioned, a number of States, both developed and developing, have laws that allow for the marriage of children (individuals under the age of 18). These laws pose a barrier to effectively and fully eradicating child marriage. The Committee of the CRC has recommended that, State Parties, review and, where necessary, reform their legislation and practice to increase the
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minimum age for marriage with and without parental consent to 18 years for both boys and girls. The upholding of national laws in the face of international human rights treaties and standards is one of the main reasons for a lack of consensus on the use of term child marriage amongst Member States at the UN. There is a need for many countries to acknowledge that any marriage below the age of 18 is technically a child marriage that laws should be changed to this end. Tradition and Culture In situations where national laws don’t exist and the practice of child marriage is perpetuated by tradition and culture, it becomes even more difficult and challenging to address the issue and curb the practice. And these cultural and traditional challenges and difficulties reverberate in the halls of the UN. For this reason, if a resolution calling for the end of child marriage were to be introduced in the UN, that resolution must take into account the cultural and traditional sensitivities. Resolutions that speak to culture and religion are often divisive and split the General Assembly, which result in the resolution being voted on to pass, or the resolution failing. The issue of child marriage is too important for it not to be a consensus resolution. Advocacy Proposals The following proposals are made in accordance with the UN Strategy, which is a long-term strategy, spanning from 2012-2016. Accordingly the proposals are not time-bound but are time sensitive. Adoption of a UN resolution calling for the end to Child Marriage If the above is the ultimate advocacy goal related to child marriage at the UN it must be noted that there are a number of steps to be taken to achieve such a goal. And given the UN framework there are a number of challenges that must be overcome. The advocacy proposals are as follows, and allow for creating awareness, forging partnerships, and more direct advocacy:  Policy on child marriage Advocacy at the UN must be based on policy and to this end an Organization policy on child marriage would be more than value added. Given the dynamics of the UN, the policy must set out to encourage uniformity and clarity within the organization on language and terminology related to ending child marriage and child and forced marriage as opposed to early and early and forced or even non-consensual marriage. Further, as an organization that upholds the CRC and recognizes that a child is any being below the age of 18, there is a need for the policy to
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provide the basis to uphold international treaties and human rights standards and to advocate for legislation consistent with these treaties and human rights standards. Engage UN Agencies Collaboration and partnerships with UN agencies must be built around the issue of child marriage. In particular, partnerships must be forged with UNICEF, UNFPA, and UN Women as well as with the SRSG on VAC and the SRSG on VAW. These partnerships can take the form of joint meetings, events, reports etc. Advocacy with UN agencies should also be carried out with the purpose of influencing the reports of the Secretary-General, where relevant, on child marriage. Engage Member States Member states must be engaged at all levels on the issue of child marriage. It is not enough to only engage States at the level of the UN these states must be engaged at the national and country level too. The Plan UN Office leading and coordinating the advocacy efforts at the UN must determine the following: the feasibility of introducing a consensus resolution on ending child marriage; identifying challenges and ways to overcome these challenges; identifying individual member states/regional groups to partner with to take forward such a resolution etc. The introduction of a resolution should be done by a supportive member state or group in a session of the Third Committee. Engage CSO networks and INGO partners Share Plan’s advocacy asks on child marriage with relevant CSO networks and INGO partners to identify partnerships and opportunities at the UN to create awareness and advocate for the issue jointly. Events At the UN awareness creation usually takes the form of events and Plan must be encouraged to host events on the issue of child marriage during the Third Committee of the UNGA and during the CSW and other relevant UN platforms. These events can be hosted by Plan or jointly with partners. Resources Resource material and information on child marriage is key. There is a need to source information on child marriage within the wider organization and to share Plan’s experience and expertise on the issue at the UN. Also to better assist advocacy efforts, the Plan UN Offices are undertaking a legal review of child marriage at the UN, which will include a review of UN human rights and legal instruments, UN reports and resolutions, policies/programs of UN Agencies, and policy positions of Member States, where stated. The review will provide an informed overview of child and forced marriage at the UN.
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 Advocacy Asks There is a need to develop a clear set of advocacy asks related to ending child and forced marriage. These asks, should be developed with the intention of being used not only at the UN but also more widely within the organization and in all relevant forums.  UN Resolution Contributing to the development of a resolution on ending child marriage at the UN should be two-fold: (1) To engage and strengthen current UN resolutions, which encourage language on child marriage such as the FGM resolution, the girl child resolution, the violence against women resolution etc. (2) To advocate for a self-standing resolution calling for the end to child marriage. Given the framework of the UN, this will include identifying a supportive member state or group to put forth a resolution on child marriage in the Third Committee; partnering with UN agencies interested in seeing such a resolution (UNFPA in particular); drafting of language that is culturally sensitive, legally factual and includes provisions that will impact on child marriage where it exists; lobbying amongst the larger UN membership for the inclusion of such language etc. It is also important to note that with any new resolution, a first step is to request a report from the Secretary-General on the issue and to then prepare for a subsequent longer version, containing recommendations and urging member states to uphold and fulfill the recommendations. Conclusion The issue of child marriage is a complex and controversial issue in the global arena. It is also of the utmost importance to eradicate this practice if children are to be able to reach their full potential, as guaranteed by the Convention on the Rights of the Child. As an organization where child protection is core to the organizational strategy, and where the global campaign focusses on improving the lives of girls, the call to end child marriage should be made at all levels, country, national and international. This information note aims to contribute to the call at the international level in general and at the UN in particular, and to enable Plan to build a consensus and work toward the adoption of a UN resolution aimed at eradicating the practice of child and forced marriage.
Drafted by Fiyola Hoosen-Steele and Zara Rapoport Plan UN Office, New York July 2012
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Appendix General Assembly Resolution on the Girl Child 2011 Excerpts Below please find excerpts from the most recent General Assembly Resolution on the Girl Child, put forth in 2011, which reference child and forced marriage. General Paragraphs: “Deeply concerned that child and forced marriages expose young married girls to greater risk of HIV and sexually transmitted infections, often lead to early childbearing and increase the risk of disability, stillbirth and maternal death, and reduce their opportunities to complete their education, gain comprehensive knowledge, participate in the community or develop employable skills, and violate and impair the full enjoyment of the human rights of women and girls,” “Deeply concerned also that early pregnancy and early childbearing and limited access to sexual and reproductive health care, including in the area of skilled birth attendance and emergency obstetric care, cause high prevalence’s of obstetric fistula and high levels of maternal mortality and morbidity and furthermore entail complications during pregnancy and childbirth which often lead to death, particularly for young women and girls, Recognizing that progress towards ending child and forced marriages can have a positive impact on indicators related to girls’ education, maternal health and child health, thereby contributing to the achievement of the Millennium Development Goals, Deeply concerned that, despite their widespread practice, child and forced marriages are still underreported, and recognizing that this requires further attention,” “Recognizing that early childbearing continues to be an impediment to the improvement of the educational and social status of girls in all parts of the world and that, overall, child and forced marriages and early motherhood can severely curtail their educational opportunities and are likely to have a long-term, adverse impact on their employment opportunities and on their and their children’s quality of life,2” Operational Paragraphs: “Para 7. Calls upon States, with the support of international organizations, civil society and nongovernmental organizations, as appropriate, to develop policies and programmes, giving priority to formal and informal education programmes, including age-appropriate sex education, with appropriate direction and guidance from parents and legal guardians, that support girls and 2
GAR A/RES/66/140, Accessed 20 April 2012 at <http://documents-dds-ny.un.org/doc/UNDOC/GEN/N11/467/22/pdf/N1146722.pdf?OpenElement> p. 3-4
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enable them to acquire knowledge, develop self-esteem and take responsibility for their own lives, and to place special focus on programmes to educate women and men, especially parents, about the importance of girlsâ&#x20AC;&#x2122; physical and mental health and well-being, including the elimination of discrimination against girls in child and forced marriages;â&#x20AC;Ś Para 17. Calls upon States, with the support of international organizations and civil society, including non-governmental organizations, and the media, to take appropriate measures to address the root factors of child and forced marriages, including by undertaking educational activities to raise awareness regarding the negative aspects of such practices; 18. Urges all States to enact and strictly enforce laws to ensure that marriage is entered into only with the free and full consent of the intending spouses, and, in addition, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage and raise the minimum age for marriage where necessary, and to develop and implement comprehensive policies, plans of action and programmes for the survival, protection, development and advancement of the girl child in order to promote and protect the full enjoyment of her human rights and to ensure equal opportunities for girls, including by making such plans an integral part of her total development process; 19. Urges States to ensure that efforts to enact and implement legislation to end child and forced marriages engage all stakeholders and agents of change and ensure that the information on the legislation against the practice is well known and generates social support for the enforcement of such laws and legislation; 20. Calls upon States to support community workshops and discussion sessions to enable communities to collectively explore ways to prevent and address\ child and forced marriages, provide information through stakeholders who are credible to the community, such as medical personnel and local, community and religious leaders, regarding the harm associated with these marriages, give greater voice to girls and ensure consistence of message throughout the entire community, and encourage the much-needed strong engagement of men and boys; 21. Also calls upon States to support and implement, including with dedicated resources, multisectoral policies and programmes that end the practice of child and forced marriages and ensure the provision of viable alternatives and institutional support, especially educational opportunities for girls, with an emphasis on keeping girls in school through post-primary education, including those who are already married or pregnant, ensuring physical access to education, including by establishing safe residential facilities, increasing financial incentives to families, promoting the empowerment of girls, improving educational quality and ensuring safe and hygienic conditions in schools;
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47. Urges States, the international community, the relevant United Nations entities, civil society and the international financial institutions to actively support, through the allocation of increased human and financial resources, efforts to end child and forced marriages;â&#x20AC;?3
3
Ibid para 7, 17, 18. P. 5,7
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