Annex 1
General
Comment
Provisions related to Reproductive Rights
According to Paragraph 24, “Another factor that may affect women’s
right to marry only when they have given free and full c onsent is the
existence of social attitudes which tend to marginalize women victims
of rape and put pressure on them to agree to marriage. A woman’s
free and full consent to marriage may also be u
ndermined by laws
that allow the rapist to have his criminal responsibility extinguished
or mitigated if he marries the victim. States parties should indicate
whether marrying the victim extinguishes or mitigates criminal
responsibility and, in the case in which the victim is a minor, whether
the rape reduces the marriageable age of the victim, particularly in
societies where rape victims have to endure m
arginalization from
society. (…)It should also be noted that equality of treatment with
regard to the right to marry implies that polygamy is incompatible
with this principle. Polygamy violates the dignity of women. It is an
inadmissible d
iscrimination against women. Consequently, it should be
defi nitely abolished wherever it continues to exist.”
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