Child marriage effects on global regions

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Main article: Child marriage

A UNFPA report stated that "For the period 2000–2011, just over one third (an estimated 34 per cent) of women aged 20 to 24 years in developing regions were married or in union before their eighteenth birthday. In 2010 this was equivalent to almost 67 million women. About 12 per cent of them were married or in union before age 15."[1] The prevalence of child marriage varies substantially among countries.[1] Around the world, girls from rural areas are twice as likely to marry as children as those from urban areas.[2]

Africa[edit]

RUN, a short documentary film focusing on child marriage in Nigeria.
Poster against child and forced marriage

According to UNICEF, Africa has the highest incidence rates of child marriage, with over 50% of girls marrying under the age of eighteen in five nations.[3] Girls in West and Central Africa have the highest risk of marrying in childhood. Niger has one of the highest rates of early marriage in sub-Saharan Africa. Among Nigerien women between the ages of twenty and twenty-four, 76% reported marrying before the age of eighteen and 28% reported marrying before the age of fifteen.[4] This UNICEF report is based on data that is derived from a small sample survey between 1995 and 2004, and the current rate is unknown given lack of infrastructure and in some cases, regional violence.[5]

African countries have enacted marriageable age laws to limit marriage to a minimum age of 16 to 18, depending on jurisdiction. In Ethiopia, Chad and Niger, the legal marriage age is 15, but local customs and religious courts have the power to allow marriages below 12 years of age.[6] Child marriages of girls in West Africa and Northeast Africa are widespread.[7] Additionally, poverty, religion, tradition, and conflict make the rate of child marriage in Sub-Saharan Africa very high in some regions.[8][9]

In many traditional systems a man pays a bride price to the girl's family in order to marry her (comparable to the customs of dowry and dower). In many parts of Africa, this payment, in cash, cattle, or other valuables, decreases as a girl gets older. Even before a girl reaches puberty, it is common for a married girl to leave her parents to be with her husband. Many marriages are related to poverty, with parents needing the bride price of a daughter to feed, clothe, educate, and house the rest of the family. In Mali, the female:male ratio of marriage before age 18 is 72:1; in Kenya, 21:1.[8]

The various reports indicate that in many Sub-Saharan countries, there is a high incidence of marriage among girls younger than 15. Many governments have tended to overlook the particular problems resulting from child marriage, including obstetric fistulae, premature births, stillbirth, sexually transmitted diseases (including cervical cancer), and malaria.[8]

In parts of Ethiopia and Nigeria many girls are married before the age of 15, some as young as 7.[4] In parts of Mali 39% of girls are married before the age of 15. In Niger and Chad, over 70% of girls are married before the age of 18.[8]

As of 2006, 15–20% of school dropouts in Nigeria were the result of child marriage.[10] In 2013, Nigeria attempted to change Section 29, subsection 4 of its laws and thereby prohibit child marriages. Christianity and Islam are each practiced by roughly half of its population, and the country continues with personal laws from its British colonial era laws, where child marriages are forbidden for its Christians and allowed for its Muslims.[11][12] Child marriage is a divisive topic in Nigeria and widely practiced. In northern states, predominantly Muslim, over 50% of the girls marry before the age of 15.[13]

In 2016, during a feast ending the Muslim holy month of Ramadan, the Gambian President Yahya Jammeh announced that child and forced marriages were banned.[14][15]

In 2015, Malawi passed a law banning child marriage, which raises the minimum age for marriage to 18.[16] This major accomplishment came following years of effort by the Girls Empowerment Network campaign, which ultimately led to tribal and traditional leaders banning the cultural practice of child marriage.[17]

In Morocco, child marriage is a common practice. Over 41,000 marriages every year involve child brides.[18] Before 2003, child marriages did not require a court or state's approval. In 2003, Morocco passed the family law (Moudawana) that raised minimum age of marriage for girls from 14 to 18, with the exception that underage girls may marry with the permission of the government recognized official/court and girl's guardian.[19][20] Over the 10 years preceding 2008, requests for child marriages have been predominantly approved by Morocco's Ministry for Social Development, and have increased (c. 29% of all marriages).[18][21] Some child marriages in Morocco are a result of Article 475 of the Moroccan penal code, a law that allows rapists to avoid punishment if they marry their underage victims.[22][23] Article 475 was amended in January 2014 after much campaigning, and rapists can legally no longer avoid sentencing by marrying their victim.[24]

In South Africa the law provides for respecting the marriage practices of traditional marriages, whereby a person might be married as young as 12 for females and 14 for males.[8] Early marriage is cited as "a barrier to continuing education for girls (and boys)". This includes absuma (arranged marriages set up between cousins at birth in local Islamic ethnic group), bride kidnapping and elopement decided on by the children.[25]

In 2016, the Tanzanian High Court – in a case filed by the Msichana Initiative, a lobbying group that advocates for girls' right to education – ruled in favor of protecting girls from the harms of early marriage.[15][26] It is now illegal for anyone younger than 18 to marry in Tanzania.[26]

In 2019, Mozambique's national assembly passed a law prohibiting child marriage. This law came after national movements condemning Mozambique's high rate of child marriage with 50% of girls marrying under the age of 18.[27]

A 2015 Human Rights Watch report stated that in Zimbabwe, one-third of women aged between 20 and 49 years old had married before reaching the age of 18.[28] In January 2016, two women who had been married as children brought a court case requesting a change in the legal age of marriage to the Constitutional Court,[29] with the result that the court declared that 18 is to be the minimum age for a legal marriage for both men and women (previously the legal age had been 16 for women and 18 for men). The law took effect immediately, and was hailed by a number of human rights, women's rights, medical and legal groups as a landmark ruling for the country.[30]

UNICEF stated in 2018 that although the number of child marriages has declined on a worldwide scale, the problem remains most severe in Africa, despite the fact that Ethiopia cut child marriage rates by a third.[31]

Americas[edit]

Latin America[edit]

Child marriage is common in Latin America and the Caribbean island nations. About 29% of girls are married before age 18.[32] Dominican Republic, Honduras, Brazil, Guatemala, Nicaragua, Haiti and Ecuador report some of the highest rates in the Americas,[33] while Bolivia and Guyana have shown the sharpest decline in child marriage rates as of 2012.[34] Brazil is ranked fourth in the world in terms of absolute numbers of girls married or cohabitating by age fifteen.[35]

Poverty and lack of laws mandating minimum age for marriage have been cited as reasons of child marriage in Latin America.[36][37] In an effort to combat the widespread belief among poor, rural, and indigenous communities that child marriage is a route out of poverty, some NGOs are working with communities in Latin America to shift norms and create safe spaces for adolescent girls.[35]

In Guatemala, early marriage is most common among indigenous Mayan communities.[citation needed] In southeastern Colombia, historically the indigenous Nasa[38] sometimes married at early ages to dissuade colonizers from coercively taking girls.[39]

Canada[edit]

Since 2015, the minimum marriageable age throughout Canada is 16. In Canada the age of majority is set by province/territory at 18 or 19, so minors under this age have additional restrictions (i.e. parental and court consent). Under the Criminal Code, Art. 293.2 Marriage under age of 16 years reads: "Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years."[40] The Civil Marriage Act also states: "2.2 No person who is under the age of 16 years may contract marriage."[41]

According to a study from McGill University, from 2000 to 2018, 3,600 marriage certificates were issued to children (mostly girls) under 18 in Canada.[42]

United States[edit]

Main articles: Child marriage in the United States and Age of marriage in the United States

Child marriage, as defined by UNICEF, is observed in the United States. The UNICEF definition of child marriage includes couples who are formally married, or who live together as a sexually active couple in an informal union, with at least one member – usually the girl – being less than 18 years old.[43] The latter practice is more common in the United States, and it is officially called cohabitation. According to a 2010 report by National Center for Health Statistics, an agency of the government of United States, 2.1% of all girls in the 15–17 age group were in a child marriage. In the age group of 15–19, 7.6% of all girls in the United States were formally married or in an informal union. The child marriage rates were higher for certain ethnic groups and states. In Hispanic groups, for example, 6.6% of all girls in the 15–17 age group were formally married or in an informal union, and 13% of the 15–19 age group were.[44] Over 350,000 babies are born to teenage mothers every year in the United States, and over 50,000 of these are second babies to teen mothers.[45]

Laws regarding child marriage vary in the different states of the United States. Generally, children 16 and over may marry with parental consent, with the age of 18 being the minimum in all but two states to marry without parental consent. However all states but Delaware, New Jersey, and Pennsylvania have exceptions for child marriage within their laws, and although those under 16 generally require a court order in addition to parental consent,[46] when those exceptions are taken into account, 17 states have no minimum age requirement.[47]

In 2018, Delaware became the first state to ban child marriage without exceptions,[48] followed by New Jersey the same year.[48] In 2020, Pennsylvania became the third state to ban it.[49]

Between 2000 and 2015 there were at least 207,468 child marriages in the United States of which over 1,000 marriage licences were for children under 15, some as young as ten years old.[50]

Until 2008 the Fundamentalist Church of Jesus Christ of Latter Day Saints practiced child marriage through the concept of "spiritual marriage" as soon as girls were ready to bear children, as part of its polygamy practice, but laws have raised the age of legal marriage in response to criticism of the practice.[51][failed verification] In 2008 the Church changed its policy in the United States to no longer marry individuals younger than the local legal age.[52][53] In 2007 church leader Warren Jeffs was convicted of being an accomplice to statutory rape of a minor due to arranging a marriage between a 14-year-old girl and a 19-year-old man.[54] In March 2008 officials of the state of Texas believed that children at the Yearning For Zion Ranch were being married to adults and were being abused.[55] The state of Texas removed all 468 children from the ranch and placed them into temporary state custody.[55] After the Austin's 3rd Court of Appeals and the Supreme Court of Texas ruled that Texas acted improperly in removing them from the YFZ Ranch, the children were returned to their parents or relatives.[56]

Musician Jerry Lee Lewis's third wife, Myra Gale Brown, was Lewis's first cousin once removed[57][58] and was only 13 years old when they married.

The vast majority of girls who are wed before the age of 18, face detrimental effects. Many are separated and removed from family and friends leading to why 50% drop out of school. The chances of living in poverty are doubled in early life marriages, and tripled for the likelihood of domestic abuse to occur than married adults.

Early age pregnancy is a common reason for child marriages. Abortion laws within the actual law as well as family values and religion play a large part in choosing to marry a child off rather than allow them to get in abortion. Yet, girls aged between 15-19 are twice as likely to die in childbirth than women in their twenties, their children are much more likely to face fatal health problems as well as newborns.[59]

Asia[edit]

More than half of all child marriages occur in the South Asian countries of India, Pakistan, Bangladesh, and Nepal.[60] There was a decrease in the rates of child marriage across South Asia from 1991 to 2007, but the decrease was observed among young adolescent girls and not girls in their late teens. Some scholars[61] believe this age-specific reduction was linked to girls increasingly attending school until about age 15 and then marrying.

Western Asia[edit]

A 2013 report claims 53% of all married women in Afghanistan were married before age 18, and 21% of all were married before age 15. Afghanistan's official minimum age of marriage for girls is 15 with her father's permission.[62] In all 34 provinces of Afghanistan, the customary practice of ba'ad is another reason for child marriages; this custom involves village elders, jirga, settling disputes between families or unpaid debts or ruling punishment for a crime by forcing the guilty family to give their 5- to 12-year-old girls as a wife. Sometimes a girl is forced into child marriage for a crime her uncle or distant relative is alleged to have committed.[63][64] Andrew Bushell claims rate of marriage of 8- to 13-year-old girls exceeding 50% in Afghan refugee camps along the Pakistan border.[65]

Over half of Yemeni girls are married before 18, some by the age eight.[66][67] Yemen government's Sharia Legislative Committee has blocked attempts to raise marriage age to either 15 or 18, on grounds that any law setting minimum age for girls is un-Islamic. Yemeni Muslim activists argue that some girls are ready for marriage at age 9.[68][69] According to Human Rights Watch (HRW), in 1999 the minimum marriage age 15 for women was abolished; the onset of puberty, interpreted by conservatives to be at age nine, was set as a requirement for consummation of marriage.[70] In practice "Yemeni law allows girls of any age to wed, but it forbids sex with them until the indefinite time they're 'suitable for sexual intercourse'."[66] As with Africa, the marriage incidence data for Yemen in HRW report is from surveys between 1990 and 2000. Current data is difficult to obtain because of regional violence.

In April 2008, Nujood Ali, a 10-year-old girl, successfully obtained a divorce after being raped under these conditions. Her case prompted calls to raise the legal age for marriage to 18.[71] Later in 2008, the Supreme Council for Motherhood and Childhood proposed to define the minimum age for marriage at 18 years. The law was passed in April 2009, with the age voted for as 17. But the law was dropped the next day following maneuvers by opposing parliamentarians. Negotiations to pass the legislation continue.[72] Meanwhile, Yemenis inspired by Nujood's efforts continue to push for change, with Nujood involved in at least one rally.[73] In September 2013, an 8-year-old girl died of internal bleeding and uterine rupture on her wedding night after marrying a 40-year-old man.[74]

The widespread prevalence of child marriage in the Kingdom of Saudi Arabia has been documented by human rights groups.[75] Saudi clerics have justified the marriage of girls as young as 9, with sanction from the judiciary.[76] No laws define a minimum age of consent in Saudi Arabia, though drafts for possible laws have been created since 2011.[77] Members of the Saudi Shoura Council in 2019 approved fresh regulations for minor marriages that will outlaw the marrying of 15-year-olds and force the need for court approval for those under 18. Chairman of the Human Rights Committee at the Shoura Council, Dr. Hadi Al-Yami, said that introduced controls were based on in-depth studies presented to the body. He pointed out that the regulation, vetted by the Islamic Affairs Committee at the Shoura Council, has raised the age of marriage to 18 and prohibited it for those under 15.[78] Saudi Arabia has officially updated the law banning all marriages under the age of 18.[79]

Research by the United Nations Population Fund indicates that 28.2% of marriages in Turkey – almost one in three – involve girls under 18.[80][81]

Child marriage was also found to be prevalent among Syrian and Palestinian Syrian refugees in Lebanon, in addition to other forms of sexual and gender-based violence. Marriage was seen as a potential way to protect family honor and protect a girl from rape given how common rape was during the conflict.[82] Incidents of child marriages increased in Syria and among Syrian refugees over the course of the conflict. The proportion of Syrian refugee girls living in Jordan who were married increased from 13% in 2011 to 32% in 2014.[83] Journalists Magnus Wennman and Carina Bergfeldt documented the practice, and some of its results.[84]

Southeast Asia[edit]

Hill tribes girls are often married young. For the Karen people it is possible that two couples can arrange their children's marriage before the children are born.[85]

Indonesia[edit]

In a move to curb child marriage in Indonesia, the minimum marriage age for girls in Indonesia will be raised to 19 in 2022. Previously, under the 1974 marriage law, the marriage age for girls was 16, and there was no minimum with judicial consent.[86][87]

There has been an increase in underage marriage which has been attributed to a rise in social networking sites like Facebook. It has been reported that in areas like Gunung Kidul, Yogyakarta, couples become acquainted through Facebook and continuing their relationships until girls became pregnant.[88] Under Indonesian law underage marriage is prosecuted as sexual abuse, though unregistered marriages between young girls and older men are common in rural areas.[89] In one case that caused a nation-wide outcry, a wealthy Muslim cleric married a 12-year-old girl. He was prosecuted for sexually abusing a minor and sentenced to 4 years in jail.[89][90]

Among the Atjeh of Sumatra girls formerly married before puberty. The husbands, though usually older, were still unfit for sexual union.[91]

Malaysia[edit]

In Malaysia, the public was shocked when they learned that a 41-year-old Malaysian wedded an 11-year-old girl in Golok, a border town in southern Thailand.[92] The man, who already has two wives and six children,[93] is said to be the imam of a surau at a village in Gua Musang, Kelantan. His second wife posted photographs online of the man and the young girl and their alleged solemnisation, causing public outrage. The parents of the 11-year-old girl defended their decision to allow their daughter's marriage to the 41-year-old man.[94]

In response to this incident, Deputy Prime Minister Datuk Seri Wan Azizah Wan Ismail said the marriage between a 41-year-old man and his 11-year-old child bride remains valid under Islam.[95] She also said in a press statement that 'The Malaysian government "unequivocally" opposes child marriages and is already taking steps to raise the minimum age of marriage to 18'.[96] The child marriage in Gua Musang is still under active investigation by multiple agencies.[97]

Following this controversy, Minister in the Prime Minister's Department Datuk Mujahid Yusof Rawa proposed a blanket ban on marriages involving under-aged children.[98][99][100][101] In response, PAS Vice President Datuk Mohd Amar Nik Abdullah said that imposing a blanket ban on child marriage contravenes Islamic religious teachings, therefore, the blanket ban could not be accepted.[102] "It is not wrong to marry young, from the religious perspective," he said on the sidelines of the Kelantan legislative assembly sitting. He also claimed that it is better to enforce existing laws to protect young children from being forced into unwanted early marriages.[103]

PKR’s Latheefa Koya criticized the party's president and Deputy Prime Minister Wan Azizah Wan Ismail over the marriage of a 41-year-old man to an 11-year-old girl in Kelantan, saying all facts of the case were clear and established for the government to take action against child marriage.[104]

Wan Azizah Wan Ismail continues to attract criticism from activists over her perceived reluctance to take action against the 41-year-old man who married an 11-year-old child, with a coalition of women's groups urging swift action to be taken to protect the girl, a Thai national who lives in Kelantan. The Joint Action Group for Gender Equality (JAG) said it was time to act and urged the government to conclude its lengthy investigations.[105]

Selangor plans to amend the Islamic Family Law (State of Selangor) Enactment 2003 on the minimum age for marriage for Muslim women in the state which will be increased from 16 to 18 years, after reports of rampant child marriages.[106]

As the controversy surrounding the 41-year-old man who married an 11-year-old girl continues, another case of a child bride has been reported in Malaysia.[107] The marriage involves a 19-year-old from Terengganu and a 13-year-old girl from Kelantan. They married at a mosque in Kampung Pulau Nibong on June 20. Ibrahim Husin, 67, the kadi who performed the akad nikah, said he was approached by the couple, who came with two witnesses, and a wali, who was the bride's uncle.

In September 2018, a 15-year-old girl in Tumpat, Kelantan, reportedly married a 44-year-old man in the latest case of underage marriage to come under the spotlight.[108] The girl, the man's second wife, told the press that she was happy to be married. The girl's parents, aware that she is underage, permitted her to marry because they wanted her to have a better life, citing their hardship of raising 13 children of their own with a measly earning of RM200–RM300 per month running a local sundry shop.[109]

Malaysia plans to tighten the requirements for child marriages in year 2019 to give legal protection to the minors.[110] Subsequently, any marriage with minors with have to go through a stringent approval process involving Shariah Court Department, the Home Ministry, State Religious Council and Customary Courts.

Bangladesh[edit]

Child marriage rates in Bangladesh are amongst the highest in the world.[3] Every 2 out of 3 marriages involve child marriages. According to statistics from 2005, 49% of women then between 25 and 29 were married by the age of 15 in Bangladesh.[4] According to a 2008 study, for each additional year a girl in rural Bangladesh is not married she will attend school an additional 0.22 years on average.[111] The later girls were married, the more likely they were to utilize preventive health care.[111] Married girls in the region were found to have less influence on family planning, higher rates of maternal mortality, and lower status in their husband's family than girls who married later.[111] Another study found that women who married at age 18 or older were less likely to experience IPV (intimate partner violence) than those married before age 18. It also found that girls married before age 15 were at an even higher risk for IPV.[112]

India[edit]

Main article: Child marriage in India
In 1900, Rana Prathap Kumari, aged 12, married Krishnaraja Wadiyar IV, aged 16. Two years later, he was recognized as the Maharaja of Mysore under British India.

According to UNICEF's "State of the World's Children-2009" report, 47% of India's women aged 20–24 married before the legal age of 18, with 56% marrying before age 18 in rural areas.[113] The report also showed that 40% of the world's child marriages occur in India.[114] As with Africa, this UNICEF report is based on data that is derived from a small sample survey in 1999.[115] The latest available UNICEF report for India uses 2004–2005 household survey data, on a small sample, and other scholars[60] report lower incidence rates for India. According to Raj et al., the 2005 small sample household survey data suggests 22% of girls ever married aged 16–18, 20% of girls in India married between 13–16, and 2.6% married before age 13. According to 2011 nationwide census of India, the average age of marriage for women in India is 21.[116] The child marriage rates in India, according to a 2009 representative survey, dropped to 7%.[117] In its 2001 demographic report, the Census of India stated zero married girls below age 10, 1.4 million married girls out of 59.2 million girls in the age 10–14, and 11.3 million married girls out of 46.3 million girls in the age 15–19 (which includes 18–19 age group).[118] For 2011, the Census of India reports child marriage rates dropping further to 3.7% of females aged less than 18 being married.[119]

The Child Marriage Restraint Act 1929 was passed during the tenure of British rule on Colonial India. It forbade the marriage of a male younger than 21 or a female younger than 18 for Hindus, Buddhists, Christians and most people of India. However, this law did not and currently does not apply to India's 165 million Muslim population, and only applies to India's Hindu, Christian, Jain, Sikh and other religious minorities. This link of law and religion was formalized by the British colonial rule with the Muslim personal laws codified in the Indian Muslim Personal Law (Shariat) Application Act of 1937. The age at which India's Muslim girls can legally marry, according to this Muslim Personal Law, is 9, and can be lower if her guardian (wali) decides she is sexually mature.[120][121] Over the last 25 years, All India Muslim Personal Law Board and other Muslim civil organizations have actively opposed India-wide laws and enforcement action against child marriages; they have argued that Indian Muslim families have a religious right to marry a girl aged 15 or even 12.[122] Several states of India claim specially high child marriage rates in their Muslim and tribal communities.[123][124] India, with a population of over 1.2 billion, has the world's highest total number of child marriages. It is a significant social issue. As of 2016, the situation has been legally rectified by The Prohibition of Child Marriage Act, 2006.

According to "National Plan of Action for Children 2005", published by Indian government's Department of Women and Child Development, set a goal to eliminate child marriage completely by 2010. In 2006, The Prohibition of Child Marriage Act, 2006 was passed to prohibit solemnization of child marriages. This law states that men must be at least 21 years of age and women must but be at least 18 years of age to marry.

Some Muslim organizations planned to challenge the new law in the Supreme Court of India.[125] In latter years, various high courts in India – including the Gujarat High Court,[126] the Karnataka High Court[127] and the Madras High Court[128] – have ruled that the act prevails over any personal law (including Muslim personal law).

Nepal[edit]

UNICEF reported that 28.8% of marriages in Nepal were child marriages as of 2011.[129] A UNICEF discussion paper determined that 79.6 percent of Muslim girls in Nepal, 69.7 percent of girls living in hilly regions irrespective of religion, and 55.7 percent of girls living in other rural areas, are all married before the age of 15. Girls born into the highest wealth quintile marry about two years later than those from the other quintiles.[130]

Pakistan[edit]

Main article: Child marriage in Pakistan

According to two 2013 reports, over 50% of all marriages in Pakistan involve girls less than 18 years old.[131][132] Another UNICEF report claims 70 per cent of girls in Pakistan are married before the age of 16.[133] As with India and Africa, the UNICEF data for Pakistan is from a small sample survey in the 1990s.

The exact number of child marriages in Pakistan below the age of 13 is unknown, but rising according to the United Nations.[134]

Another custom in Pakistan, called swara or vani, involves village elders solving family disputes or settling unpaid debts by marrying off girls. The average marriage age of swara girls is between 5 and 9.[133][135] Similarly, the custom of watta satta has been cited[136] as a cause of child marriages in Pakistan.

According to Population Council, 35% of all females in Pakistan become mothers before they reach the age of 18, and 67% have experienced pregnancy – 69% of these have given birth – before they reach the age of 19.[137] Less than 4% of married girls below the age of 19 had some say in choosing her spouse; over 80% were married to a near or distant relative. Child marriage and early motherhood is common in Pakistan.[138]

Iran[edit]

Though the legal age of marriage in Iran is 13 years for girls and 15 for boys, there are cases of girls below the age of 10 being married.[139][full citation needed] The same source pointed out that "child marriages are more common in socially backward rural areas often afflicted with high levels of illiteracy and drug addiction". In October 2019, a prosecutor annulled the marriage of an 11-year-old girl to her adult cousin in rural Iran, and said he was indicting the mullah (officiant) and the girl's parents for an illegal underage marriage.[140] According to the Iranian Students News Agency, nearly 6,000 children are married each year in Iran.[140]

The U.N. Committee on the Rights of the Child (CRC) examining child marriage in Iran has warned of a rising number of young girls forced into marriage in Iran.[141] The Committee deplored the fact that the State party allows sexual intercourse involving girls as young as 9 lunar years and that other forms of sexual abuse of even younger children is not criminalized.[142] CRC said that Tehran must "repeal all provisions that authorize, condone or lead to child sexual abuse" and called for the age of sexual consent to be increased from nine years old to 16. The Society For Protecting The Rights of The Child said that 43,459 girls aged under 15 married in 2009. In 2010, 716 girls under the age of 10 married, up from 449 in the year prior.[141] On 8 March 2018 a member of the Tehran City Council, Shahrbanoo Amani said that there were 15,000 widows under the age of 15 in the country.[143]

Europe[edit]

General[edit]

Each European country has its own laws; in both the European Union and the Council of Europe the marriageable age falls within the jurisdiction of individual member states. The Istanbul convention, the first legally binding instrument in Europe in the field of violence against women and domestic violence,[144] only requires countries which ratify it to prohibit forced marriage (Article 37) and to ensure that forced marriages can be easily voided without further victimization (Article 32), but does not make any reference to a minimum age of marriage.

European Union[edit]

In the European Union, the general age of marriage as a right is 18 in all member states, except in Scotland where it is 16. When all exceptions are taken into account (such as judicial or parental consent), the minimum age is 16 in most countries, and in Estonia it is 15. In 6 countries marriage under 18 is completely prohibited. By contrast, in 6 countries there is no set minimum age, although all these countries require the authorization of a public authority (such as judge or social worker) for the marriage to take place.

State Minimum age Notes
Minimum age when all exceptions are taken into account General age
 Austria 16 18 16 with parental consent.[145]
 Belgium none 18 Younger than 18 with judicial consent (with no strict minimum age). With parental consent, serious reasons are required for a minor to marry; without parental consent, the unwillingness of the parents has to constitute an abuse.[146]
 Bulgaria 16 18 The new 2009 Family Code fixes the age at 18, but allows for an exception for 16 years olds, stating that "Upon exception, in case that important reasons impose this, matrimony may be concluded by a person at the age of 16 with permission by the regional judge". It further states that both persons wanting to marry, as well as the parents/guardians of the minor, must be consulted by the judge. (Chapter 2, Article 6)[147]
 Croatia 16 18 16 with judicial consent.
 Cyprus 16 18 16 with parental consent, if there are serious reasons for the marriage.[148][149]
 Czech Republic 16 18 Article 672 of Act No. 89/2012 Coll. the Civil Code (which came into force in 2014) states that the court may, in exceptional cases, allow a marriage of a 16-year-old, if there are serious reasons for it.[150]
 Denmark 18 18 Since 2017, marriage is no longer allowed under 18.[151]
 Estonia 15 18 15 with court permission.[152][153]
 Finland 18 18 Under 18 marriages with judicial authorization were banned in 2019.[154]
 France none 18 Under 18 needs judicial authorization.[155]
 Germany 18 18 The minimum age was set at 18 in 2017.[156]
 Greece none 18 Under 18 requires court permission, which may be given if there are serious reasons for such a marriage[148][157]
 Hungary 16 18 16 with authorization from the guardianship authority[158]
 Ireland 18 18 Since 2019, marriage under 18 is banned.[159]
 Italy 16 18 16 with court consent.[160]
 Latvia 16 18 16 with court consent.[161]
 Lithuania none girls/15 boys 18 15 with court permission. Girls can marry below 15 with court permission if they are pregnant.[162]
 Luxembourg none 18 Under 18 need judicial permission. New laws of 2014 fixed the marriageable at 18 for both sexes; prior to these regulations the age was 16 for females and 18 for males. The new laws still allow both sexes to obtain judicial consent to get married under 18.[163]
 Malta 16 18 16 with parental consent.[164]
 Netherlands 18 18 Exceptions were removed by a change in the law in 2015.[165]
 Poland 16 girls/18 boys 18 16 for girls with court consent.[166]
 Portugal 16 18 16 with parental consent.[167]
 Romania 16 18 16, if there are valid reasons, with both judicial and parental permission, as well as medical approval.[168]
 Slovakia 16 18 16 with court consent, with a serious reason such as pregnancy.[169]
 Slovenia none 18 Under 18 may be approved by the Social Work Centre if there are "well founded reasons" arising upon the investigation of the situation of the minor. (Art 23, 24 of the Law on Marriage and Family Relations).[170]
 Spain 16 18 16 with court consent.
 Sweden 18 18 Not possible to marry under the age of 18 for Swedish citizens since July 1, 2014.[171] Authorities take a different approach to individuals who were already married when the arrive in Sweden, as during the European migrant crisis, the Swedish Migration Agency identified 132 married children, of which 65 were in Malmö.[172]
 United Kingdom 16 18 (16 Scotland) England and Wales: 16 with the consent of parents/guardians (and others in some cases) if under 18.[173]

Scotland: 16[174]

Northern Ireland: 16 with parental consent (with the court able to give consent in some cases).[175]

Scandinavia[edit]

In April 2016, Reuters reported "Child brides sometimes tolerated in Nordic asylum centers despite bans". For example, at least 70 girls under 18 were living as married couples in Sweden; in Norway, "some" under 16 lived "with their partners". In Denmark, it was determined there were "dozens of cases of girls living with older men", prompting Minister Inger Stojberg to state she would "stop housing child brides in asylum centres".[176]

Marriage under 18 was completely banned in Sweden in 2014, in Denmark in 2017,[151] and in Finland in 2019.[177]

Balkans/Eastern Europe[edit]

In these areas, child and forced marriages are associated with the Roma community and with some rural populations. However, such marriages are illegal in most of the countries from that area. In recent years, many of those countries have taken steps in order to curb these practices, including equalizing the marriageable age of both sexes (e.g. Romania in 2007, Ukraine in 2012). Therefore, most of those 'marriages' are informal unions (without legal recognition) and often arranged from very young ages. Such practices are common in Serbia,[178] Bulgaria and Romania[179][180] (in these countries the marriageable age is 18, and can only be lowered to 16 in special circumstances with judicial approval[181][182][183]). A 2003 case involving the daughter of an informal 'gypsy king' of the area has made international news.[184]

Belgium[edit]

The Washington Post reported in April 2016 that "17 child brides" arrived in Belgium in 2015 and a further 7 so far in 2016. The same report added that "Between 2010 and 2013, the police registered at least 56 complaints about a forced marriage."[185]

Germany[edit]

In 2016 there were 1475 underage foreigners were registered in Germany, of which 1100 were girls. Syrians represented 664, Afghans 157 and Iraqis 100. In July 2016, 361 foreign children under 14 were registered as married.[186]

Netherlands[edit]

The Dutch government's National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children wrote that "between September 2015 and January 2016 around 60 child brides entered the Netherlands".[187] At least one was 14 years old.[188][189] The Washington Post reported that asylum centres in the Netherlands were "housing 20 child brides between ages 13 and 15" in 2015.[190]

Russia[edit]

The common marriageable age established by the Family Code of Russia is 18 years old. Marriages of persons at age from 16 to 18 years allowed only with good reasons and by local municipal authority permission. Marriage before 16 years old may be allowed by federal subject of Russia law as an exception just in special circumstances.[191]

By 2016, a minimal age for marriage in special circumstances had been established at 14 years (in Adygea,[192] Kaluga Oblast,[193] Magadan Oblast,[194] Moscow Oblast,[195] Nizhny Novgorod Oblast,[196] Novgorod Oblast,[197] Oryol Oblast,[198] Sakhalin Oblast,[199] Tambov Oblast,[200] Tatarstan,[201] Vologda Oblast[202]) or to 15 years (in Murmansk Oblast[203] and Ryazan Oblast[204]). Others subjects of Russia also can have marriageable age laws.

Abatement of marriageable age is an ultimate measure acceptable in cases of life threat, pregnancy and childbirth.[192][203]

United Kingdom[edit]

The marriageable age in the United Kingdom is 18, or 16 with consent of parents and guardians (and others in some cases),[173] although in Scotland[205] no parental consent is required over 16.[206] Scotland and Andorra are the only European jurisdictions where 16 year-olds can marry as a right (i.e. without parental or court approval); see Marriageable age § Europe.

In the UK girls as young as 12 have been smuggled in to be brides of men in the Muslim community, according to a 2004 report in The Guardian. Girls trying to escape this child marriage can face death because this breaks the honor code of her husband and both families.[207]

As with the United States, underage cohabitation is observed in the United Kingdom. According to a 2005 study, 4.1% of all girls in the 15–19 age group in the UK were cohabiting (living in an informal union), while 8.9% of all girls in that age group admitted to having been in a cohabitation relation (child marriage per UNICEF definition[43]), before the age of 18. Over 4% of all underage girls in the UK were teenage mothers.[208]

In July 2014, the United Kingdom hosted its first global Girl Summit; the goal of the Summit was to increase efforts to end child, early, and forced marriage and female genital mutilation within a generation.[209]

Oceania[edit]

The Marquesas Islands have been noted for their sexual culture. Many sexual activities seen as taboo in Western cultures are viewed appropriate by the native culture. One of these differences is that children are introduced and educated to sex at a very young age. Contact with Western societies has changed many of these customs, so research into their pre-Western social history has to be done by reading antique writings. Children slept in the same room as their parents and were able to witness their parents while they had sex. Intercourse simulation became real penetration as soon as boys were physically able. Adults found simulation of sex by children to be funny. As children approached 11 attitudes shifted toward girls.[clarification needed] When a child reaches adulthood, they are educated on sexual techniques by a much older adult.

Yuri Lisyansky in his memoirs[210] reports that:

The next day, as soon as it was light, we were surrounded by a still greater multitude of these people. There were now a hundred females at least; and they practised all the arts of lewd expression and gesture, to gain admission on board. It was with difficulty I could get my crew to obey the orders I had given on this subject. Amongst these females were some not more than ten years of age. But youth, it seems, is here no test of innocence; these infants, as I may call them, rivalled their mothers in the wantonness of their motions and the arts of allurement.

Adam Johann von Krusenstern in his book[211] about the same expedition as Yuri's, reports that a father brought a 10- to 12-year-old girl on his ship, and she had sex with the crew. According to the book[212] of Charles Pierre Claret de Fleurieu and Étienne Marchand, eight-year-old girls had sex and other unnatural acts in public.[213][214][215][216][217]

Notes[edit]

References[edit]

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