#MyFutureMyChoice Campaign - End Child Marriage

---

Marriage before the age of 18 is a fundamental violation of human rights, deeply entrenched in global societal norms and economic structures. Each year, 12 million girls are married before they turn 18, affecting their right to health, education, and economic opportunity. Various factors contribute to the prevalence of child marriage, including poverty, the belief that marriage provides protection, family honor, social norms, customary or religious laws condoning the practice, an insufficient legislative framework, and the condition of a country’s civil registration system. While girls are disproportionately affected by this practice, it harms both genders, placing expectations on young boys that can hinder their development and educational opportunities as well.

Child marriage often undermines a girl’s development, resulting in early pregnancies and social isolation, disrupting educational pursuits, and limiting career prospects. Although child grooms are less studied, they also face significant pressures and responsibilities that may impede their personal growth. Cohabitation—living together as a couple without formal marriage—raises similar human rights concerns, as it carries assumptions about adulthood that may not apply if one or both individuals are under 18. The informality of cohabitative relationships can create vulnerabilities concerning inheritance, citizenship, and social recognition.

International conventions such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) specifically address child marriage. Article 16 emphasizes the need for legal frameworks specifying the minimum age for marriage, highlighting that child betrothals and marriages should bear no legal weight. The Universal Declaration of Human Rights also underlines the importance of ‘free and full’ consent, which is unattainable when one party lacks the maturity to make informed decisions. Although the Convention on the Rights of the Child does not directly mention marriage, it recognizes links to other rights, such as the right to protection from abuse and harmful practices. 

Child marriage is fundamentally rooted in gender inequality, arising from patriarchal systems that devalue girls based on their sex. These systems deny girls their rights and restrict their access to education, health services—especially sexual and reproductive health—and economic opportunities. Gender-based violence (GBV) further exacerbates these issues, particularly in contexts of poverty, climate change, and insecurity. Yondering into the future, if the pre-pandemic trends continue, an estimated 150 million more girls will marry as children by 2030, with the COVID-19 pandemic potentially adding another 10 million to this figure.

The intersection of humanitarian crises and child marriage presents a critical challenge. Countries facing the highest rates of child marriage often coincide with those experiencing severe humanitarian crises. Situations of conflict, displacement, and natural disasters can deepen existing vulnerabilities and increase child marriage rates. Families may view child marriage as a means to relieve economic hardship or protect girls from violence, often unaware of the potential risks associated with such choices. In war zones, for example, child marriage can be used as a strategy to mitigate the threats girls face, such as sexual violence and trafficking.

To effectively address and combat child marriage, especially in humanitarian settings, it is crucial to prioritize girls’ needs and perspectives. This requires a concerted effort from governments, NGOs, UN agencies, and civil society organizations to invest in education, economic support, and programs aimed at preventing gender-based violence. Integrating child marriage into humanitarian assessments and programming is vital to creating comprehensive, multi-sectoral responses that address the unique challenges girls face. By focusing on evidence-based interventions and fostering community involvement, we can enhance efforts to end child marriage and uphold the rights of all children.

Ensuring that girls enjoy their rights and exercise their agency is essential to achieving the Sustainable Development Goals (SDGs). Ending child marriage requires transforming gender norms and power dynamics, enabling girls and women to enjoy equal status and opportunities alongside boys and men. Until comprehensive action is taken against gender discrimination and child marriage, the cycle of inequality will persist, jeopardizing the future of generations to come.

hild marriage is recognized as a significant violation of human rights and is defined as any marriage or informal union where at least one party is under 18 years old. When considering legal frameworks, it is vital to account for the necessity of a minimum age for marriage, as well as the need to integrate gender perspectives into child protection laws and consider youth perspectives in laws addressing gender-based violence.

Child marriage not only deprives children of their rights but also often involves forced marriages, wherein one or both parties have not expressed their full and informed consent. The United Nations Convention on the Rights of the Child establishes that a child is anyone below the age of 18. Establishing a minimum age for marriage is crucial, as it legally protects children from abuse, harm, and exploitation.

To effectively combat child marriage, laws should form part of a comprehensive legal and policy framework that addresses its root causes, particularly gender inequality. This framework should include regulations on:

• Marriage and Divorce: Registration and regulation of marriages, custody issues, and alimony.
• Harmful Practices: Addressing practices like dowry and female genital mutilation.
• Sexual and Gender-Based Violence: Identifying girls at risk and addressing marital rape.
• Child Labor and Trafficking: Tackling child labor and sex trafficking.
• Access to Education and Healthcare: Ensuring children can attain education and healthcare services.
• Mandatory Registration: Implementing birth and marriage registration to monitor age of marriage.

Countries approach child marriage through varied legal frameworks; some criminalize child marriage, while others set a minimum age without explicit criminalization. In many instances, there is no dedicated child marriage law; instead, it's addressed through civil, criminal, and family law, along with customary and religious laws that can vary widely by region.

Numerous countries allow exceptions to the minimum age, such as parental consent or court authorization. These loopholes can undermine protections for girls and may bring customary or religious frameworks into conflict with national laws. 

While legal measures are essential, laws alone cannot eradicate child marriage. Often, governments implement laws without supporting policies and programs that address social drivers of the practice. Any enforcement of child marriage laws should prioritize girls' rights, involve civil society organizations, and support community-based approaches aimed at changing social and gender norms.

Criminalization implies classifying child marriage as a criminal offense, which can lead to penalties such as imprisonment or fines. However, this approach may have unintended consequences. For instance, the focus can shift towards punitive measures rather than protection for girls who do not wish to marry or who have experienced forced marriages.

Legislation may extend culpability to various individuals involved in child marriage, such as parents, guardians, and religious leaders. The severity of penalties can vary based on factors like the age of the child and whether the marriage was forced. However, emphasis on punishment can result in adverse effects, such as fear of reporting abuse, social stigma for victims, and destabilization of community structures.

The punitive nature of some child marriage laws may inadvertently push the practice underground, making it harder to regulate. In some contexts, focusing solely on anti-child marriage laws can detract from holistic initiatives that engage families and communities or address educational, health, and support services for girls. 

A holistic approach to ending child marriage recognizes the complexity of the issue and emphasizes legal prohibition alongside community engagement, empowerment, and education. This was further supported by the Human Rights Council resolution on child, early, and forced marriage in 2019, which highlighted the need for comprehensive responses that fulfill girls' rights and prevent child marriage through social, educational, and health initiatives.

Ending child marriage requires a robust legal framework, but also a commitment to addressing the underlying causes of the practice. By combining legal measures with community engagement and a focus on gender equality, nations can create environments where children can thrive free from the bonds of early marriage. The complexity of child marriage necessitates a multifaceted approach, ensuring that laws not only protect but empower young people to take control of their futures.