What Legal Protections Exist for Children Subjected to Child Marriage?

Child marriage is a serious human rights violation that deprives children—especially girls—of their education, health, and personal development. Globally, there are national and international laws in place to combat and protect children from child marriage. These legal protections aim to prevent child marriages, provide legal recourse for those affected, and ensure that children’s rights and well-being are prioritized.

Legal Protections for Children Subjected to Child Marriage:

National Laws Banning Child Marriage:

Many countries have specific legal provisions that prohibit child marriage and set the legal minimum age for marriage. For instance:

• India: The Prohibition of Child Marriage Act, 2006 sets the legal minimum marriage age for girls at 18 and for boys at 21. This law aims to prevent child marriage by making it illegal to marry a minor, and it provides punishments for those who facilitate such marriages.
• United States: Each state has its own marriage laws, but child marriages are generally prohibited. However, exceptions may exist under certain conditions (e.g., parental consent or judicial approval), but such exceptions are under scrutiny and often the subject of reform.
• Pakistan: The Child Marriage Restraint Act, 1929 prohibits marriage for girls under 16 and boys under 18, though enforcement is often a challenge, and child marriage remains common in some regions.

International Legal Frameworks:

The United Nations Convention on the Rights of the Child (CRC) is a key international document that enshrines the rights of children globally, including protections against early marriage. It calls for the protection of children from all forms of exploitation, including child marriage, and advocates for raising the minimum legal age for marriage.

The Universal Declaration of Human Rights (UDHR) also implicitly addresses child marriage through its emphasis on the right to marry freely and the right to personal dignity and safety.

The African Charter on the Rights and Welfare of the Child similarly sets out the protection of children from early marriage, affirming that no child should be forced into marriage.

The Sustainable Development Goals (SDGs), particularly Goal 5 (gender equality), have also taken up the issue of child marriage, calling for its elimination by 2030.

Criminalization of Child Marriage:

Child marriage is often treated as a criminal offense in many countries, with penalties imposed on those facilitating or promoting the marriage of minors. For example:

• India: Those who solemnize or promote child marriages can face fines and imprisonment under the Prohibition of Child Marriage Act.
• Bangladesh: Child marriage is criminalized, and individuals who arrange or engage in child marriages can face imprisonment.

Civil and Legal Recourse for Victims:

Children who are forced into marriage may have legal avenues to escape the situation, depending on the laws of their country:

• In some cases, the marriage may be annulled if the girl or boy was married before reaching the legal marriage age. In India, for instance, child marriages can be declared void if they occur underage.
• In the United Kingdom, children can seek legal protection from forced marriage through the Forced Marriage (Civil Protection) Act, 2007, which provides a mechanism for individuals to apply for protection orders to prevent a forced marriage.

Protection and Shelter Services for Victims:

Many countries provide protection services, including safe shelters, to children escaping child marriages. Victims of forced marriages can often find refuge in government-run shelters or NGOs that provide housing, legal counsel, and rehabilitation.

In South Africa, the Children's Act provides protective services for children in crisis situations, including those at risk of early or forced marriages.

Access to Education:

Many legal systems prioritize the right to education for children, which is directly hindered by early marriage. In some countries, legal frameworks protect a child’s right to education even if they are married. These laws can require schools to continue educating married children, or they may grant exceptions for married minors to attend school.

The Indian government has launched initiatives such as the Beti Bachao Beti Padhao scheme to promote education and prevent child marriage among girls.

Judicial Oversight and Intervention:

In some countries, the judiciary can intervene to stop child marriages, particularly when it comes to forced marriage or where the child is unable to consent due to their age.

• In Nepal, where child marriage is still common, the Supreme Court has ruled on the importance of protecting children from child marriage, and local authorities have been directed to take action to prevent it.
• In Kenya, the Children’s Act allows the court to intervene if it is found that a marriage has taken place under duress or with a minor.

Preventive Laws and Awareness Campaigns:

Many governments and non-governmental organizations (NGOs) run awareness campaigns to inform communities about the dangers of child marriage and to encourage the enforcement of minimum marriage age laws.

In countries like Mali and Niger, where child marriage is particularly prevalent, national and international NGOs are working to raise awareness, promote education for girls, and involve communities in efforts to prevent child marriages.

International Pressure and Advocacy:

International bodies like UNICEF and Save the Children have played a crucial role in advocating for legal reforms and providing funding for educational and protection services to combat child marriage.

International initiatives, such as Girls Not Brides, work to strengthen local laws, provide support to victims, and create a global commitment to ending child marriage.

Reforms and Challenges:

Despite these legal frameworks, enforcement remains a challenge in many regions due to cultural norms, lack of awareness, and weak legal infrastructure. For instance, in some countries, child marriage may be practiced under the guise of customary law, which may not always align with national legal standards.

Legal reforms are ongoing in many places, with efforts to close loopholes in child marriage laws, raise the legal marriage age, and increase the penalties for violators.

Example:

Case Example in India:

A 14-year-old girl is married off to a man in her community in violation of the Prohibition of Child Marriage Act. The girl seeks help from a local NGO, which reports the matter to the police and the child welfare department. The marriage is annulled, and the girl is placed in a government shelter where she receives psychological support and education. The people who arranged the marriage are arrested and face criminal charges.

Case Example in the United States:

In New Jersey, a 17-year-old girl seeks a civil protection order to prevent her parents from forcing her into a marriage with a man twice her age. The court grants the order, and the marriage is prevented. The girl is also provided access to counseling and education to recover from the trauma.

Conclusion:

Children subjected to child marriage have access to various legal protections designed to prevent and address such situations. National laws, international conventions, and advocacy organizations work together to combat child marriage by criminalizing the practice, offering civil recourse, and providing services for affected children. The legal frameworks in place aim to ensure that children have the right to education, health, and a life free from abuse. While enforcement can be a challenge, global efforts continue to reduce the prevalence of child marriage and protect children from its harmful effects.