Conclusions and recommendations

Conclusions and recommendations

52. Despite progress made, significant challenges remain in the adoption and

implementation of laws, polices and strategies to address the systemic and underlying

factors which allow the marriage of children to persist and prevent women from

marrying a spouse of their choice. Currently, legislation in 147 countries contains

exceptions permitting the marriage of children below the age of 18 and, even where

legislation is in line with international standards, the prohibition of child and forced

marriage is difficult to implement owing to a number of the challenges discussed

above, including cultural attitudes supporting the practice.

53. Comprehensive and coordinated approaches are needed in order to effectively

address child, early and forced marriage. It is recommended that national policies and

strategies be developed and implemented with the involvement of relevant government

departments at the national and local levels, civil society organizations, including

women’s groups, religious and community leaders, national human rights institutions

and other relevant stakeholders, including legislators and the judiciary.

54. Policy and protection measures, action and strategies should be guided by the

best interests of the child, be context-appropriate and in accordance with international

human rights standards. They should be part of broader efforts to promote equality

and eliminate discrimination against women and girls not only in access to education,

but also, inter alia, in the areas of employment, political participation, health, access to

inheritance, land and productive resources. Such policies and plans, as appropriate,

should encompass the following broad areas of focus:

(a) Ensuring a national legal framework in line with international human

rights standards, including with regard to the age of majority and the legal age for

marriage for girls and boys, the prohibition of forced marriage and birth and

marriage registration;

(b) Harmonizing national laws on marriage, including by amending existing

laws to remove legal obstacles faced by girls who seek the enforcement of national

laws on child marriage prevention or prohibition and legal remedies; removing

unreasonable legal requirements for formally ending a child marriage; and providing

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