derogable clauses that entr ench equality within marriage and specify a constitutional
minimum age of 18 years for marriage are contemplated. Limitations, exceptions
and derogations from these clauses, whether based on tradition, religion or any
other ground, should not be permissible.
B.
Institutional Measures
[25] Full and effective compliance with the prohibition against child marriage
requires that States Parties undertake institutional measures to ensure
implementation of laws and policies alongside robust due diligence and
accountability mechanisms to prevent child marriage. The following institutional
measures are recommended as mechanisms which will help States Parties to
identify and prevent child marriages, protect children from the risk of child
marriage and reduce the impacts of child marriage, including for those already
married.
Implement verification procedures: birth registration, age
verification and marriage registration
[26] Birth registration is an essential component of the effort to end child marriage,
as birth certificates produced on marriage are the most effective means to ensure
that children under the age of 18 do not enter into marriage. Birth registration
should be compulsory, accessible and free. Marriage officers should be responsible
for verifying that both parties to a marriage meet the minimum age requirement
of 18 years of age and birth certificates should constitute the preferred means for
verification. In the absence of official documentation, marriage officers may rely
on objective evidence, such as school or hospital records, to substantiate a child’s
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