E/CN.4/2002/73/Add.2
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(a)
Early marriage and traditional marriage practices
114. Child marriage is the outcome of persistent traditional customs and practices which do not
always have a direct basis in religion—including son preference and unequal access to education
and training—but are detrimental to women and girls. In a number of cultures, early marriage is
viewed as a guarantee of a long period of fertility in a woman, whose only usefulness is thus
seen as that of a mother and wife. Also, several traditional practices are interrelated. As rightly
stated by the Special Rapporteur on traditional practices affecting the health of women and
children, “the economic benefits of a girl whose virginity was guaranteed, whether through
genital mutilation or early marriage, were recognized as causes for these practices, since a virgin
girl was considered a financial asset in terms of dowry” (E/CN.4/Sub.2/1995/6, para. 37).
Several countries with different religious traditions are involved, such as, for example, many
Asian and Central and Latin American countries.133 What these countries possibly have in
common are very low male and female literacy levels, extreme poverty and continuing
denigration of women in society. Early marriage and resulting early motherhood adversely
affect, inter alia, women’s health, education and life expectancy.134
(b)
Consent to marriage
115. In many States, women’s basic rights are denied by statutory provisions or discriminatory
practices, as in the case of free consent to marriage.135 In some instances, the marriage of a
woman is permitted only with the approval of a guardian.136 It is not a union between two people
but an alliance between families or an arrangement to protect the interests of large landowners or
safeguard family honour. In some cultures, for example, women are perceived as receptacles of
family honour and, if they exercise freedom to choose their husband, they will be liable to
sometimes extremely brutal physical punishments for violating the honour of their family. To
some extent, forced marriage may be regarded as one the most extreme forms of obscurantism
and barbarism against women in the name of an interpretation that has nothing to do with
religion.137 It is difficult not to consider it a form of rape.138 In extreme instances, it takes the
form of mass rape, as is the case in Afghanistan, where the Taliban, when taking over a new
territory, abduct girls and women from the village or force families to give their daughters in
nikah marriage to a Talib.139
116. Also, traditional forms of marriage in some societies are an affront to women’s status. This
is true of the mut’a marriage, a form of prostitution that should be distinguished from customary
standard Muslim marriages. It is practised in some countries having a Shiite tradition although
the Sunni schools do not recognize it. Some countries ban it and classify it as prostitution. A
related form, known as mysiar or transient marriage, which is practised in some Middle Eastern
countries, is a type of union that officializes the relationship between a man and woman but does
not in any way involve a commitment or life as a couple. Such an arrangement, which is often
kept secret, fulfils a number of needs. It is used in some cases to circumvent laws that are very
strict towards widows who do not wish to lose custody of their children by officially remarrying
or, in others, to contract de facto polygamous marriages in social settings where polygamy is
viewed unfavourably or, for financial reasons, to avoid substantial dowry payments. However,
the purpose of mysiar marriages is often to legalize sexual relations in strict social environments.
Nevertheless, such situations, which are devoid of rights, can prove harmful to women, in
particular in the event of disputes, especially as the union is frequently kept secret.140