Amendment No. 3 | Doc. 15023 | 30 January 2020
Concerted action against human trafficking and the smuggling of migrants
Committee on Equality and Non-Discrimination
In the draft resolution, after paragraph 13, insert the following paragraph:
“With regard to victims of forced marriages, the Istanbul Convention requires that the intentional act of forcing an adult or a child to enter into a marriage be made a criminal offence (Article 37). As the Convention is oriented towards the protection of victims, it creates an obligation to ensure that victims can recover their residence status if they have left their country of residence for a longer period than legally permitted (without being able to return) because they have been brought to another country for the purpose of that marriage (Article 59). In addition, the Convention requires State Parties to ensure that gender-based violence can be recognised as a form of persecution within the meaning of the 1951 Convention relating to the Status of Refugees (Article 60). Finally, the Convention reiterates the obligation to respect the principle of non-refoulement, in particular with regard to victims of gender-based violence in need of protection, regardless of their status or place of residence (Article 61).”