to ensure that the age and consent requirements are met. However, penalties and
sanctions should not be imposed on children involved in a child marriage and
where penalties or sanctions are imposed, States Parties must be careful to avoid
any risk of retaliation against a child. Typically, sanction for non-compliance with
marriage requirements will be imposed on marriage officers and they may also
be imposed on persons who, although not authorised to perform a marriage,
nevertheless purport to do so. If a person employed in the public service of a States
Party is involved or complicit in a child marriage, their status as a civil servant
should be regarded as an aggravating factor in the determination of a sanction or
penalty and in addition to criminal sanction; administrative sanctions such as the
loss of a marriage license may be imposed. Penalties and sanctions may also be
imposed on any other person who actively encourages or facilitates the practice
of child marriage. However, noting that imposing penalties and sanctions on
parents may drive child marriage underground, subjecting parents to sanction or
penalty is not recommended.
[30] In all instances where a penalty or sanction is imposed in the context of a
child marriage, the emphasis should be on prevention and deterrence. In addition,
States Parties shall ensure that in enforcing laws and/or imposing penalties and
sanctions, whistle blowers who report or disclose child marriage or the suspicion
or possibility of a child marriage are fully protected. In addition to any person who
is required by law to report child marriage or the suspicion of a child marriage,
including teachers, health providers, marriage officers and other employees in
the public service, States Parties should extend a wide protection to any other
person who in good faith reports suspicion or possibility of a child marriage.
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