Strengthening Domestic Legal Frameworks - A Path to Ending Child Marriage

A blog by Maria San Miguel, Young Expert at GHRH

Marriage is shaped by social norms, values, and expectations about life plans. When family expectations turn into pressures, they can lead to forced marriages. "Marriage burdens" are the rules about when and how people should marry, who qualifies as a partner, and expectations like heterosexuality, age restrictions, and marrying within the same community. Marriage is often used to prevent sex before or outside of it, usually placing more pressure on women. Sex outside of marriage is harshly judged, while virginity is praised. In these cases, families may see forced marriage as a way to control their daughters' sexuality.

A forced marriage is defined as a situation in which at least one person feels pressured to enter into a formal or informal union. They may either be ignored when saying ‘no’ or feel too afraid to refuse. Psychological pressure, emotional blackmail, lifestyle restrictions, limited freedom of movement, or other degrading behaviours often result in a loss of control. In extreme cases, threats, harassment, confinement, or physical and sexual violence may occur. Social and structural pressures also play an important role in forced marriages. A person might feel constrained by others when choosing a marriage partner but may not resist that constraint. In many cases, the person under pressure complies without seeking outside help, which makes their constrained situation invisible. This leads to what are known as hidden cases.

When talking about arranged and forced marriages, it’s important to differentiate between them but also understand how they relate. According to cultural relativists, arranged marriages are common in some cultures and aren’t always seen as a problem. On the other hand, feminists argue that all the pressures tied to a marriage can lead to forced situations. For this discussion, we take a balanced view, similar to the one of the Service Against Forced Marriages, which says arranged marriages become forced when people are pressured into them and don’t give valid consent. [1] As former UN Secretary-General Kofi Annan put it, a marriage is forced if "there is a lack of free and valid consent from at least one person."

Child marriage is often seen as forced marriage because children can’t give informed consent. The 1989 Convention on the Rights of the Child defines child marriage as involving anyone under 18. A 2005 Council of Europe study expanded this definition to include marriages of convenience and those driven by cultural or social pressures, all of which lack true consent.

The group Women Living under Muslim Laws highlights how important strong legislation is for tackling forced marriages, especially those involving children. In many countries, legal systems aren’t designed to handle forced or early marriages effectively. Despite international efforts to eliminate these practices, institutional gaps, such as the lack of clear marriage laws or enforcement mechanisms, leave room for exploitation. When marriages are conducted through traditional rituals and are not officially registered, loopholes enable forced marriages to persist, undermining global and domestic legal systems.

In some countries, boys and girls have different minimum marriage ages, with girls often allowed to marry younger. Even when the age is set at 18, exceptions for parental consent can lower it significantly. The Convention on The Rights of the Child Comittee advocates for equal minimum ages, recognising that people under 18 have evolving capacities and rights that need to be respected.

International law also links forced marriages to slavery. The Supplementary Convention on the Abolition of Slavery describes forced marriage as treating one spouse like property, giving the other spouse ownership-like control. Although this connection has received less attention over time, revisiting it is crucial to understand the severe harm done to victims. Identifying forced marriages as slavery-like practices can enhance prevention, protection, and legal responses to help survivors. Victims often encounter obstacles such as financial dependence, societal pressures, and limited support networks, making tailored solutions necessary. [2]

Migration can have a major impact on forced marriages, as highlighted in the study "Between Choice and Obligation: An Exploratory Assessment of Forced Marriage Problems and Policies among Migrants in the United States." Migration often makes the issue more complex, but here,

we’re focusing on part of the root causes: domestic legislation and the systems that allow forced marriages to persist. [3]

Legal reform is essential to ending forced and early marriages. Strong laws help set clear boundaries about what is acceptable and offer protection to vulnerable groups, especially young girls. For example, aligning domestic laws with international standards like the Convention on the Rights of the Child and Convention on the Elimination of All Forms of Discrimination Against Women ensures that legislation addresses key issues. It starts with establishing a minimum age for marriage, requiring genuine consent, and criminalising forced unions. However, laws alone aren’t enough—they need proper enforcement. Dedicated enforcement mechanisms, such as special units to monitor compliance or penalties for violations, are crucial to closing loopholes in traditional or religious practices, as well as addressing unregistered marriages. Creating and enforcing strong legal frameworks sends a clear message: forced and early marriages have no place in society. Integrating provisions from global agreements, like the Maputo Protocol and resolutions from the UN Human Rights Council, into national policies can further strengthen efforts to combat these practices.

International Legal Frameworks Prohibiting Forced Marriages

Universal Declaration of Human Rights (1948): Emphasises free and full consent for marriage (Articles 2, 16) and equality in marriage rights across race, nationality, and religion.

Supplementary Convention on the Abolition of Slavery (1956): Identifies forced marriages as akin to slavery, targeting practices where individuals are exploited or treated as property, especially minors under 18.

International Covenant on Civil and Political Rights (1966): Protects the right to free and full consent in marriage (Article 23), while promoting equality between spouses in all aspects of marriage and its dissolution.

International Covenant on Economic, Social, and Cultural Rights (1976): Calls for free consent in marriage and provides broad protections for families and dependents (Article 10).

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979): Advocates for eliminating discrimination in marriage practices, ensuring free choice of spouse, and establishing a minimum age for marriage at 18 (Article 16).

Convention on the Rights of the Child (1989): Prohibits traditional practices harmful to children, including forced and early marriages, while ensuring equality and protection for children under 18 (Article 24).

Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages (1964): Requires explicit consent for marriage, sets a legal minimum age at 18, and mandates marriage registration to ensure compliance [4].

Case Studies: Yemen, Somalia, and Niger

Yemen, Somalia, and Niger are among the countries with the highest rates of child and forced marriages globally. These nations face similar challenges, including weak or unenforced legal frameworks, the dominance of customary and religious practices, and socio-economic instability. Poverty, armed conflicts, and displacement make the issue worse, forcing families to marry off young girls as a way to survive. Even though these countries have signed important international agreements, they still struggle to enforce reforms, which makes them crucial case studies for understanding and addressing forced marriage.

Yemen

Yemen has made several international commitments to fight child marriage, especially by aligning with the Sustainable Development Goals, which aim to end child marriage by 2030. Yemen has also ratified key conventions like the Convention on the Rights of the Child and CEDAW, both of which require Yemen to set the legal marriage age at 18. These agreements require Yemen to protect the rights of children and women, ensuring they marry with full and free consent.

However, Yemen faces significant challenges in implementing these international promises. Political instability and the ongoing humanitarian crisis in the country have made it hard to pass and enforce laws to protect girls from child marriage. Child marriage is still very common in Yemen. 30% of girls marry before 18, and 7% marry before 15. This affects around 3.8 million girls, with 1.3 million married before 15. The problem is particularly alarming in the Al-Jawf and Al-Baidha Governorates.

The war in Yemen has made the situation even worse. Militant groups like Ansar al-Sharia have exploited the lack of legal protection to forcibly marry girls, further worsening the problem. Economic pressure, along with the desire to protect family honour, drives many families to marry off daughters early, often in exchange for dowries. This has contributed to the continuation of child marriage. In Yemen, cultural norms also play a large role in keeping child marriage alive. Marriage is seen as a way to protect family honour and avoid perceived immoral behaviour. At the same time, patriarchal social structures limit girls’ ability to make their own decisions about their lives, making it difficult to challenge or stop child marriage.

Yemen’s legal framework is inadequate to address the problem of child marriage. Efforts to raise the minimum marriage age to 18 have been blocked by conservative factions who argue that such changes go against religious and cultural beliefs. Despite amendments to the Personal Status Law and recommendations from Yemen’s National Dialogue Conference in 2014, these efforts have been repeatedly stopped by political opposition. This absence of a clear, enforceable law leaves millions of girls vulnerable to early and forced marriages. Yemen’s political instability and lack of law enforcement mean that even existing laws to protect girls from child marriage are not being applied effectively. [5] [6]

Somalia

Somalia has taken several important steps internationally to combat child, early, and forced marriages. Notably, it co-sponsored UN resolutions in 2014 and signed a joint statement at the Human Rights Council, advocating for stronger actions to end child marriage. Despite not signing CEDAW, inn 2015, Somalia ratified the Convention on the Rights of the Child, which

sets the minimum age for marriage at 18. Regionally, Somalia has shown its commitment by signing key documents like the African Charter on the Rights and Welfare of the Child (1991) and the Protocol to the African Charter on the Rights of Women in Africa (2006), both of which also set 18 as the minimum age for marriage. Furthermore, Somalia has pledged to eliminate harmful practices, including child marriage, in its Universal Periodic Reviews and at the 2019 Nairobi Summit, where it committed to zero tolerance for gender-based violence, focusing on the needs of internally displaced people and strengthening legal frameworks. Somalia has also partnered with global initiatives like the Global Partnership for Education to address these issues in a comprehensive way.

Despite these international commitments, child marriage remains widespread in Somalia. About 45% of girls in Somalia marry before the age of 18, and 8% marry before 15. The ongoing armed conflict and displacement have made the situation worse, with many families in internally displaced persons camps marrying off their daughters to ease financial burdens or protect them from violence. Girls in these camps face increased risks of sexual violence and forced marriages.

Somalia’s domestic legal system is also flawed in addressing child marriage. While the Family Code (1975) sets the marriage age at 18, it allows exceptions for girls as young as 16 to marry with guardian consent. Additionally, the provisional constitution calls for consent for marriage but does not define the age of maturity, creating room for exploitation. The dominance of customary and religious laws in Somalia further complicates the issue, as these laws often support child marriages and override statutory protections.

Although Somalia has ratified key international agreements their enforcement has been weak. Cultural resistance and political instability undermine the effectiveness of these commitments. The lack of a clear and enforceable marriage age, combined with the widespread influence of customary and religious laws, allows millions of girls to remain vulnerable to forced marriages, especially in marginalised communities where legal protections are weakest.

Despite acknowledging the issue, about half of Somali women are married by 20 and have their first child by 21. Efforts to eliminate harmful practices like child marriage have faced setbacks,

particularly due to high rates of adolescent pregnancies and early marriages. In 2017, the government set up a gender-based violence unit within the Attorney General's Office to improve case management, but its impact has been limited. [7] [8]

Niger

Niger has made several significant international commitments to combat child marriage. It ratified the Convention on the Rights of the Child in 1990 and the CEDAW in 1999, which requires countries to ensure free and full consent in marriage. However, Niger has expressed reservations about Articles 2 and 16 of CEDAW, which focus on eliminating discrimination against women and promoting equality in marriage and family relations. Article 2 outlines the general obligations of states to eliminate all forms of discrimination against women through appropriate legislative measures, while Article 16 emphasises equal rights and responsibilities in marriage, including free and full consent to marriage, equal rights to property, and decision-making within the family. Citing cultural and religious practices, Niger has prevented the full implementation of these provisions.

Regionally, Niger has been active in initiatives to end child marriage. It took part in the African Union Campaign to End Child Marriage (2014) and supported the ECOWAS Child Policy and Strategic Action Plan (2019), which prioritises protecting children from early marriages. Niger also co-sponsored the 2015 and 2018 UN resolutions to end child, early, and forced marriages and signed a joint statement at the 2014 Human Rights Council.

Niger has the highest rate of child marriage in the world, with 76% of girls marrying before 18 and 28% before 15. The Civil Code sets the legal marriage age at 15 for girls and 18 for boys, but exceptions allow for younger marriages. In rural areas, customary and religious laws often override domestic laws, perpetuating child marriage. Poverty, gender inequality, and deeply rooted societal norms continue to sustain this harmful practice in Niger.

Although Niger has made significant international commitments, its national legal framework and the implementation of international standards have gaps that prevent progress in ending

child marriage. The CEDAW Committee raised concerns about the lack of protection for displaced girls and recommended data collection on child marriage and criminalising harmful practices like wahaya (a form of child marriage). The UN Committee on the Rights of the Child also highlighted the gap between customary and statutory laws and recommended reforms to align national laws with international standards.

Niger’s reservations to certain provisions of CEDAW and the dominance of customary laws in the country allow for exceptions in the legal marriage age, keeping child marriage a persistent problem. Additionally, the government has not fully implemented recommendations from its Universal Periodic Reviews (2016 and 2021), which called for greater efforts to protect girls from child marriage and improve data collection. While Niger has participated in programs like the Sahel Women’s Empowerment and Demographic Dividend initiative, these efforts have not sufficiently addressed the root causes of child marriage. [9] [10]

Lessons from India

India has made significant progress in reducing child marriage rates, reducing the cases by half from 47% in 2006 to 23.3% in 2019-21. By aligning domestic laws with international human rights treaties such as CEDAW it has ensured that legal reforms reflect global standards. Its success in tackling forced marriages provides important lessons for countries such as Yemen, Somalia, and Niger.

First, India criminalised forced marriages, particularly child marriages, through the Prohibition of Child Marriage Act, 2006. It prohibits the marriage of girls under 18 and boys under 21. The enforcement of this act is monitored through the appointment of Child Marriage Prohibition Officers, who are tasked with preventing and addressing cases of child marriage. This mechanism has significantly contributed to reducing child marriage rates, as it ensures dedicated oversight and accountability at the local level.

The Juvenile Justice (Care and Protection of Children) Act, 2015, further provides provisions for the care and protection of children at imminent risk of marriage before attaining the legal age.

India’s efforts to support victims, including shelters and legal aid under the Protection of Women from Domestic Violence Act, offer a model for these countries to ensure that victims of forced marriages have access to legal protection, emergency services, and social reintegration programmes. For example, over 700 one-stop centres have been established under the Act, benefiting nearly 300,000 women since its inception. Additionally, helpline services have handled over 4 million calls, demonstrating the tangible impact of these support mechanisms.

Furthermore, national awareness campaigns, like Beti Bachao Beti Padhao (2015), implemented by the Ministry of Women and Child Development, aim to break gender stereotypes, challenge son-centric rituals, and prevent child marriages. Public reception to this campaign has evolved positively over the years, with increased community participation and awareness. Measurable outcomes include a notable improvement in the child sex ratio in states like Haryana, which was historically skewed, and increased enrolment of girls in schools, highlighting its impact in addressing deep-rooted societal biases. This initiative includes celebrating the birth of a girl child and promoting community awareness.

Additionally, the National Commission for Protection of Child Rights undertakes activities with stakeholders such as representatives of Child Welfare Committees, police, the Women and Child Development Department, and civil society organisations to address the issue of child marriages. The National Action Plan to Prevent Child Marriage provides a comprehensive framework, focusing on better data collection, awareness programmes, and stronger coordination between state and local governments. Emergency outreach services offer 24X7 telephone assistance for children in crisis, including child marriage prevention. This service operates across 600 districts in India and has responded to over 10 million calls since its inception, including numerous cases of child marriage prevention.

Partnerships between state governments and organisations like UNICEF have also played a key role; for example, in Bihar, UNICEF collaborates with local faith-based leaders and katha vachak to build awareness. Finally, India’s focus on data collection and monitoring the effectiveness of its laws shows the importance of tracking the progress of legal measures . These

lessons, when adapted to the local contexts of Yemen, Somalia, and Niger, can help create stronger legal frameworks that protect individuals from forced marriage and empower young women and girls. [10,11]

Conclusion

Stopping forced and child marriages needs a combination of strong domestic legal frameworks, proper enforcement, cultural understanding, and awareness campaigns. India’s progress shows the importance of aligning national laws with global human rights standards, ensuring proper oversight, and involving communities. Countries like Yemen, Somalia, and Niger can learn from these efforts by adapting them to their unique cultural and political settings.

While legal reforms are a key first step, they need to be backed by support for victims, education and empowerment for girls, and working with civil society. Recognising forced and child marriages as human rights violations strengthens the global drive to end these practices.

Ending forced and child marriages is a shared goal. It requires ongoing international cooperation, national commitment, and community efforts. By working together, we can create a future where everyone has the freedom to choose marriage without pressure or force.

*The opinions expressed on this blog are those of the Young Experts and do not necessarily reflect the views or official positions of the Girls Human Rights Hub. The content shared here is intended to provide insights and perspectives on girls human rights and human rights issues, but it is important to recognise that individual opinions may vary.

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