Stop Forced Child Marriage: A Comparative Global Law Analysis
Millions of girls are forcibly married during the
transitional period between puberty and adulthood. At a stage of
vulnerability cultural practices, religious rights and social standards
place her in a position where she is catapult into womanhood. An
advocate against forced child marriage could argue that child rights,
cultural rights, religious rights, right to marry, right to life, right to
health, right to education, right to be free from slavery, right to be
free from torture, right to consent to marriage are all violated by the
practice of child marriage. The author is this advocate and this paper
will present how some of these rights are violated and establish the
need for change.
[1] United Nations Population Fund, Marrying to Young: End Child
Marriage, 2012 http://www.unfpa.org/sites/default/files/pubpdf/
MarryingTooYoung.pdf.
[2] Seelinger, Kim Thuy, “Forced Marriage and Asylum: Perceiving the
Invisible Harm.” 42 Columbia Human Rights Law. Rev. 55, 60 (2010).
[3] Alexandra Hervish and Charlotte Feldman-Jacobs. “Who Speaks for
Me? Ending Child Marriage” Population Reference Bureau Policy Brief
(April 2011) http://www.prb.org/pdf11/ending-child-marriage.pdf
[4] Welstead, Mary, “Forced Marriage: Bifurcated Values in the UK” 21
Denning Law Journal 49, 51 (2009).
[5] Child marriages are considered force marriage arrangements from an
international law perspective because a child under 18 is considered
incapable of giving the informed consent necessary to validate marriage.
See the Convention to Marriage, Minimum Age for Marriage, and
Registration of Marriages, 32 U.N.T.S. 231, (November 7, 1972),
http://www.unhchr.ch/html/menu3/b/63.htm.
[6] Ntolokwana, N., Center for Constitutional Rights, Submissions to the
South Africa Law Commission on Ukuthwala Customs, p.2.
[7] Thomas, Cheryl, “Forced and Early Child Marriage: A Focus on Central
and Eastern Europe and Former Soviet Union Countries with Selected
Laws From Other Countries, United Nations Division for the
Advancement of Women & United Nations Economic Commission for
Africa, Expert Group Meeting on Good Practices in Legislation to
Address Harmful Practices Against Women (May 25-29, 2009),
EGM/GPLHP/2009/EP.08, p.3 (June 19, 2009).
[8] Human Rights Watch Report, p. 2 “Reconciled to Violence” (September
2006), http://hrw.org/reports/2006/kygyzstan0906/.
[9] Restatement of the Law 3d: Foreign Relations Law of the United States.
[10] United Nations, Treaty Series, vol. 521, p. 231.
[11] Human Rights Council adopts resolution to end child, early and forced
marriage, Child Not Brides, July 2, 2015.
http://www.girlsnotbrides.org/human-rights-council-adopts-resolutionto-
end-child-early-and-forced-marriage/ [12] United Nations General Assembly in Paris on 10 December 1948,
http://daccess-ddsny.
un.org/doc/RESOLUTION/GEN/NR0/043/88/IMG/NR004388.pdf?
OpenElement.
[13] United Nations Development Fund for Women UNIFEM - CEDAW and
Security Council Resolution 1325: A Quick Guide, P. 49
http://www.unrol.org/files/CEDAWandUNSCR1325_eng.pdf
[14] Reservations to CEDAW, UN Women.
http://www.un.org/womenwatch/daw/cedaw/reservations.htm.
[15] Sahl, Silke, “Researching Customary International Law, State Practice
and the Pronouncements of States regarding International Law”, Hauser
Global Law School Program, New York University School of Law
(June/July 2007).
[16] GNB Team, Press Relase: Human Rights Council Adopts Resolution to
End Child, Early and Forced Marriage, Child Not Brides (02 July 2015)
http://www.girlsnotbrides.org/press-release-human-rights-counciladopts-
resolution-to-end-child-early-and-forced-marriage/.
[17] Rengita de Silvaa de Alwis, Child Marriage and the Law: Legislative
Reform Initiative – Paper Series, Wesley Centers for Women, United
Nations Children’s fund (UNICEF), Gender, Rights and Civil
Engagement Section, Division of Policy and Practice, 17 (April 2007).
[18] Sanyutka Mathur, Margaret Greene, Anju Malhotra, “Too Young to
Wed: The Lives, Rights and Health of Young Married Girls”
International Center for Research of Women, p.1 (2003).
[19] IHRLS,http://www2.ohchr.org/english/bodies/hrc/docs/ngos/IHRLS_Ch
ad_95.pdf.
[20] International Convention on Civil and Political Rights, Entry into force
March 23, 1976.
http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.
[21] OECD Development Centre Chad: Consolidated Humanitarian Appeals
Process 2010,http://genderindex.org/sites/default/files/datasheets/TD.pdf
[22] “In Mali, Child Marriage is a Death Sentence for Many Young Girls”
http://www.unicef.org/wcaro/english/4501_5120.html.
[23] UN CEDAW – Bangladesh, 48th Session, 97th Meeting,
CEDAW/C/SR.970, p. 9 (February 15, 2011)
http://www.unicef.org/sowc2011/pdfs/SOWC-2011-Main-
Report_EN_02092011.pdf.
[24] The Child Marriage Restraint Act,
http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=149.
[25] UNICEF Report, http://www.unicef.org/sowc2011/pdfs/SOWC-2011-
Main-Report_EN_02092011.pdf.
[26] Hannah Cartwright “Legal Age of Consent for Marriage and Sex for the
50 United States”, Global Justice Initiatives (August 21, 2011)
https://globaljusticeinitiative.files.wordpress.com/2011/12/united-statesage-
of-consent-table11.pdf.
[27] U.S.C.A. § 7104: Prevention on Trafficking,
http://uscode.house.gov/view.xhtml?req=(title:22%20section:7104%20e
dition:prelim).
[28] Office of the High Commissioner for Human Rights, ‘Harmful
Traditional Practices Affecting the Health of Women and Children” Fact
Sheet No. 23, www.unhchr:ch/html/menu6/2/fs23.hrm.
[29] United Nations Population Fund, Virtual Slavery: The Practice of
Compensation Marriages (July 16, 2008).
[30] Embassy of the United States, Dhaka Bangladesh, “Forced Marriage in
Bangladesh”
http://dhaka.usembassy.gov/forced_marriage_definitions.html.
[31] UN Convention on Consent to Marriage, Minimum Age for Marriage
and Registration of Marriages on 5 October 1998 (CCM), UN 5 Feb.
20022002https://treaties.un.org/doc/Publication/MTDSG/Volume%20II/
Chapter%20XVI/XVI-3.en.pdf.
[32] South Africa Constitution, Chapter 2 Bill of Rights, Section 30 and 31.
[33] South Africa Constitution, Chapter 2 Bill of Rights, Section39.
[34] International Center for Research of Women, New Insights on
Preventing Child Marriage: A Global Analysis of Factors and Programs,
pg. 30 (2007).
[35] The Child Marriage Restraint Act, 2006
http://www.hsph.harvard.edu/population/trafficking/india.childmar.07.p
df.
[36] The Prohibition of Child Marriage Act of 2006, The Gazette of India
Extraordinary, Ministry of Law and Justice (Child Marriage Act), 11
January 2007.
[37] Child Marriage Act, 11 January 2007.
[38] UNICEF, Child Marriage Handbook – India,
http://www.unicef.org/india/Child_Marriage_handbook.pdf
[39] Family Code of the Republic of Uzbekistan (Last edition from 30-04-
2013).
http://unfpa.org/webdav/site/eeca/shared/documents/publications/Uzbeki
stan%20English.pdf.
[40] UNFPA – Tajikistan,
http://unfpa.org/webdav/site/eeca/shared/documents/publications/Tajikis
tan%20English.pdf.
[41] The Advocates of Human Rights, “Domestic Violence in Tajikistan”, p.
23 (October 2008).
[42] Pakistan Child Marriage Restraint Act of 1929,
http://www.vakilno1.com/saarclaw/pakistan/child-marriage-restraintact-
1929.html.
[43] International Center for Research of Women, New Insights on
Preventing Child Marriage: A Global Analysis of Factors and Programs,
pg. 28 (2007).
[44] Bhe and Others v Khayelitsha Magistrate and Others (CCT 49/03)
(2004) ZACC 17; 2005 (1) SA 580 (CC); 2005 (1) BCLR 1 (CC) (15
October 2004), http://www.saflii.org/za/cases/ZACC/2004/17.html
[45] Innocent Digest (No 7, 2001)in case UNFPA and UNIFEM Joint
Proposal for a Planning Grant “Improving Social and Economic
Opportunities for Adolescent Girls in Ethiopia and Bangladesh”.
[1] United Nations Population Fund, Marrying to Young: End Child
Marriage, 2012 http://www.unfpa.org/sites/default/files/pubpdf/
MarryingTooYoung.pdf.
[2] Seelinger, Kim Thuy, “Forced Marriage and Asylum: Perceiving the
Invisible Harm.” 42 Columbia Human Rights Law. Rev. 55, 60 (2010).
[3] Alexandra Hervish and Charlotte Feldman-Jacobs. “Who Speaks for
Me? Ending Child Marriage” Population Reference Bureau Policy Brief
(April 2011) http://www.prb.org/pdf11/ending-child-marriage.pdf
[4] Welstead, Mary, “Forced Marriage: Bifurcated Values in the UK” 21
Denning Law Journal 49, 51 (2009).
[5] Child marriages are considered force marriage arrangements from an
international law perspective because a child under 18 is considered
incapable of giving the informed consent necessary to validate marriage.
See the Convention to Marriage, Minimum Age for Marriage, and
Registration of Marriages, 32 U.N.T.S. 231, (November 7, 1972),
http://www.unhchr.ch/html/menu3/b/63.htm.
[6] Ntolokwana, N., Center for Constitutional Rights, Submissions to the
South Africa Law Commission on Ukuthwala Customs, p.2.
[7] Thomas, Cheryl, “Forced and Early Child Marriage: A Focus on Central
and Eastern Europe and Former Soviet Union Countries with Selected
Laws From Other Countries, United Nations Division for the
Advancement of Women & United Nations Economic Commission for
Africa, Expert Group Meeting on Good Practices in Legislation to
Address Harmful Practices Against Women (May 25-29, 2009),
EGM/GPLHP/2009/EP.08, p.3 (June 19, 2009).
[8] Human Rights Watch Report, p. 2 “Reconciled to Violence” (September
2006), http://hrw.org/reports/2006/kygyzstan0906/.
[9] Restatement of the Law 3d: Foreign Relations Law of the United States.
[10] United Nations, Treaty Series, vol. 521, p. 231.
[11] Human Rights Council adopts resolution to end child, early and forced
marriage, Child Not Brides, July 2, 2015.
http://www.girlsnotbrides.org/human-rights-council-adopts-resolutionto-
end-child-early-and-forced-marriage/ [12] United Nations General Assembly in Paris on 10 December 1948,
http://daccess-ddsny.
un.org/doc/RESOLUTION/GEN/NR0/043/88/IMG/NR004388.pdf?
OpenElement.
[13] United Nations Development Fund for Women UNIFEM - CEDAW and
Security Council Resolution 1325: A Quick Guide, P. 49
http://www.unrol.org/files/CEDAWandUNSCR1325_eng.pdf
[14] Reservations to CEDAW, UN Women.
http://www.un.org/womenwatch/daw/cedaw/reservations.htm.
[15] Sahl, Silke, “Researching Customary International Law, State Practice
and the Pronouncements of States regarding International Law”, Hauser
Global Law School Program, New York University School of Law
(June/July 2007).
[16] GNB Team, Press Relase: Human Rights Council Adopts Resolution to
End Child, Early and Forced Marriage, Child Not Brides (02 July 2015)
http://www.girlsnotbrides.org/press-release-human-rights-counciladopts-
resolution-to-end-child-early-and-forced-marriage/.
[17] Rengita de Silvaa de Alwis, Child Marriage and the Law: Legislative
Reform Initiative – Paper Series, Wesley Centers for Women, United
Nations Children’s fund (UNICEF), Gender, Rights and Civil
Engagement Section, Division of Policy and Practice, 17 (April 2007).
[18] Sanyutka Mathur, Margaret Greene, Anju Malhotra, “Too Young to
Wed: The Lives, Rights and Health of Young Married Girls”
International Center for Research of Women, p.1 (2003).
[19] IHRLS,http://www2.ohchr.org/english/bodies/hrc/docs/ngos/IHRLS_Ch
ad_95.pdf.
[20] International Convention on Civil and Political Rights, Entry into force
March 23, 1976.
http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.
[21] OECD Development Centre Chad: Consolidated Humanitarian Appeals
Process 2010,http://genderindex.org/sites/default/files/datasheets/TD.pdf
[22] “In Mali, Child Marriage is a Death Sentence for Many Young Girls”
http://www.unicef.org/wcaro/english/4501_5120.html.
[23] UN CEDAW – Bangladesh, 48th Session, 97th Meeting,
CEDAW/C/SR.970, p. 9 (February 15, 2011)
http://www.unicef.org/sowc2011/pdfs/SOWC-2011-Main-
Report_EN_02092011.pdf.
[24] The Child Marriage Restraint Act,
http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=149.
[25] UNICEF Report, http://www.unicef.org/sowc2011/pdfs/SOWC-2011-
Main-Report_EN_02092011.pdf.
[26] Hannah Cartwright “Legal Age of Consent for Marriage and Sex for the
50 United States”, Global Justice Initiatives (August 21, 2011)
https://globaljusticeinitiative.files.wordpress.com/2011/12/united-statesage-
of-consent-table11.pdf.
[27] U.S.C.A. § 7104: Prevention on Trafficking,
http://uscode.house.gov/view.xhtml?req=(title:22%20section:7104%20e
dition:prelim).
[28] Office of the High Commissioner for Human Rights, ‘Harmful
Traditional Practices Affecting the Health of Women and Children” Fact
Sheet No. 23, www.unhchr:ch/html/menu6/2/fs23.hrm.
[29] United Nations Population Fund, Virtual Slavery: The Practice of
Compensation Marriages (July 16, 2008).
[30] Embassy of the United States, Dhaka Bangladesh, “Forced Marriage in
Bangladesh”
http://dhaka.usembassy.gov/forced_marriage_definitions.html.
[31] UN Convention on Consent to Marriage, Minimum Age for Marriage
and Registration of Marriages on 5 October 1998 (CCM), UN 5 Feb.
20022002https://treaties.un.org/doc/Publication/MTDSG/Volume%20II/
Chapter%20XVI/XVI-3.en.pdf.
[32] South Africa Constitution, Chapter 2 Bill of Rights, Section 30 and 31.
[33] South Africa Constitution, Chapter 2 Bill of Rights, Section39.
[34] International Center for Research of Women, New Insights on
Preventing Child Marriage: A Global Analysis of Factors and Programs,
pg. 30 (2007).
[35] The Child Marriage Restraint Act, 2006
http://www.hsph.harvard.edu/population/trafficking/india.childmar.07.p
df.
[36] The Prohibition of Child Marriage Act of 2006, The Gazette of India
Extraordinary, Ministry of Law and Justice (Child Marriage Act), 11
January 2007.
[37] Child Marriage Act, 11 January 2007.
[38] UNICEF, Child Marriage Handbook – India,
http://www.unicef.org/india/Child_Marriage_handbook.pdf
[39] Family Code of the Republic of Uzbekistan (Last edition from 30-04-
2013).
http://unfpa.org/webdav/site/eeca/shared/documents/publications/Uzbeki
stan%20English.pdf.
[40] UNFPA – Tajikistan,
http://unfpa.org/webdav/site/eeca/shared/documents/publications/Tajikis
tan%20English.pdf.
[41] The Advocates of Human Rights, “Domestic Violence in Tajikistan”, p.
23 (October 2008).
[42] Pakistan Child Marriage Restraint Act of 1929,
http://www.vakilno1.com/saarclaw/pakistan/child-marriage-restraintact-
1929.html.
[43] International Center for Research of Women, New Insights on
Preventing Child Marriage: A Global Analysis of Factors and Programs,
pg. 28 (2007).
[44] Bhe and Others v Khayelitsha Magistrate and Others (CCT 49/03)
(2004) ZACC 17; 2005 (1) SA 580 (CC); 2005 (1) BCLR 1 (CC) (15
October 2004), http://www.saflii.org/za/cases/ZACC/2004/17.html
[45] Innocent Digest (No 7, 2001)in case UNFPA and UNIFEM Joint
Proposal for a Planning Grant “Improving Social and Economic
Opportunities for Adolescent Girls in Ethiopia and Bangladesh”.
@article{"International Journal of Business, Human and Social Sciences:71443", author = "Michelle J. Miller", title = "Stop Forced Child Marriage: A Comparative Global Law Analysis", abstract = "Millions of girls are forcibly married during the
transitional period between puberty and adulthood. At a stage of
vulnerability cultural practices, religious rights and social standards
place her in a position where she is catapult into womanhood. An
advocate against forced child marriage could argue that child rights,
cultural rights, religious rights, right to marry, right to life, right to
health, right to education, right to be free from slavery, right to be
free from torture, right to consent to marriage are all violated by the
practice of child marriage. The author is this advocate and this paper
will present how some of these rights are violated and establish the
need for change.
", keywords = "Child marriage, forced child marriage, child rights,
protection, religious rights, cultural rights, right to life, human rights.", volume = "9", number = "11", pages = "3908-10", }
