Last updated July 2019
Numerous international and regional laws and policies are directed towards eliminating forced and early marriage. The Universal Declaration on Human Rights states that marriage should only be entered into “with the free and full consent of the intending spouses.”[1] This language was subsequently codified in the Marriage Convention,[2] International Covenant on Civil and Political Rights,[3] International Covenant on Economic, Social and Cultural Rights,[4] and the Convention on the Elimination of All Forms of Discrimination against Women.[5] That so many international human rights treaties establish the need for marriage to be entered into with free and full consent highlights both the importance and widespread acknowledgement of this principle.
In addition to international treaties, numerous regional laws and policies condemn forced and early marriage. The African Charter on the Rights and Welfare of the Child (Children’s Charter) and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) both operate within the African Union to prohibit eary and forced marriage. The Children’s Charter, adopted in 1990, calls on state parties to adopt the following:
Child marriage and the betrothal of girls and boys shall be prohibited and effective action, including legislation, shall be taken to specify the minimum age of marriage to be 18 years and make registration of all marriages in an official registry compulsory.[6]
The Maputo Protocol requires state parties to enact legislation ensuring that “no marriage shall take place without the free and full consent of both parties… [and] the minimum age of marriage for women shall be 18 years.”[7]
In 2005, the Council of Europe (CoE) adopted Resolution 1468 “Forced Marriages and Child Marriages,” urging the national parliaments of CoE states to adopt legislation that sets the minimum statutory age of marriage at 18 and to consider criminalizing forced marriage.[8] Less than a decade later, the CoE Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) entered into force, creating binding obligations for state parties to eliminate forced and early marriage. Under the Istanbul Convention, state parties shall take “necessary legislative or other measures to ensure that the intentional conduct of forcing an adult or a child to enter into a marriage is criminalized.”[9]
While these international and regional mechanisms provide clear obligations and principles for states to follow, the treatment of forced and child marriage varies significantly. In a 2014 report, the U.N. Office of the High Commissioner for Human Rights revealed that 147 countries still allowed children under the age of 18 to legally marry.[10] Notably, however, following the 2014 report, several states have reported that they have made efforts to prevent and address forced and early marriage. Efforts have ranged from criminalization of forced and child marriage (Togo) to raising the minimum marriage age to 18 (Chad and Guatemala).[11]
Drafting Laws on Forced and Child Marriage
In partnership with UN Women, The Advocates for Human Rights created a section on drafting laws on forced and early marriage for UN Women's Virtual Knowledge Centre to End Violence against Women and Girls. This section, along with sections addressing other forms of violence against women and girls, may be found under Legislation at www.endvawnow.org.
[1] G.A. Res. 217 (III) A, Universal Declaration of Human Rights, at Art. 16(2) (Dec. 10, 1948).
[2] Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages art 1(1), Nov. 7, 1962, 521 U.N.T.S. 231.
[3] International Covenant on Civil and Political Rights art. 23(3), Dec. 16, 1966, 999 U.N.T.S. 171.
[4] International Covenant on Economic, Social and Cultural Rights art. 10(1), Dec. 16, 1966, 993 U.N.T.S. 3.
[5] Convention on the Elimination of All Forms of Discrimination Against Women art. 16(1)(b), Dec. 18, 1979, 1249 U.N.T.S. 13
[6] African Charter on the Rights and Welfare of the Child art. 21(2), July 11, 1990, CAB/LEG/24.9/49.
[7] Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa art. 6(a–b), July 11, 2003.
[8] Eur. Parl. Ass., Res. 1468: Forced Marriages and Child Marriages, Oct. 5, 2005.
[9] Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence art. 37(1), May 11, 2011, C.E.T.S. 210.
[10] Office of the U.N. High Commissioner for Human Rights (OHCHR), Preventing and Eliminating Child, Early and Forced Marriage, ¶ 42, U.N. Doc. A/HRC/26/22(Apr. 2, 2014).
[11] U.N. Secretary-General, Child, Early and Forced Marriage, ¶ 11, U.N. Doc. A/71/253 (July 29, 2016).