Consequences of Child Marriage on the Girl-Child’s Right to Health in South Sudan
Posted: 2 January, 2025 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights (African Charter), basic human right, Child Act, child marriage, contraceptives, Convention on the Rights of the Child (CRC), customary courts, gender-based violence, girl-child, girl-child’s right to health, Harmful practices, international human rights law, international instruments, lack of knowledge, legal obligation, Maputo Protocol, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women’s Rights in Africa, right to health, right to life, sexual and reproductive rights, South Sudan, Transitional Constitution of the Republic of South Sudan 3 Comments
Author: Akot Makur Chuot
Assistant Lecturer, School of Law, University of Juba, South Sudan
Introduction
Being born a girl in South Sudan is akin to being ‘born a problem.’ I derived this phrase from the article by Marry Ellsberg and others titled, ‘ If You Are Born a Girl in This Crisis, You Are Born a Problem….’ This sums up the dire situation a girl-child faces in South Sudan. Among the many egregious human rights violations experienced by the girl-child in South Sudan is child marriage. This practice has shattered the dreams and lives of many young girls. The rate at which child marriage is negatively affecting the health of the girl-child is alarming and calls for swift action from stakeholders. This is a moral and legal obligation.
With this context in mind this article examines the negative consequences of child marriage on the girl-child’s right to health, assesses the steps South Sudan has taken to curb the phenomenon, and explores the loopholes in the laws and policies.
Implementation beyond banning: the prohibition of child marriage in Sierra Leone
Posted: 21 October, 2024 Filed under: Sorie Bangura | Tags: ACRWC, African Charter on the Rights and Welfare of the Child, child education, child marriage, Child Rights Act, children’s rights, early marriage, educational level, end child marriage, girls, income poverty line, lack of investment, poverty, Prohibition of Child Marriage Act 2024, reproductive health, Sexual Offences Act, Sierra Leone, teenage pregnancy, toilet facilities, Universal Periodic Review Leave a comment
Author: Sorie Bangura
Manager, Save the Children, Sierra Leone
In 2022, during the third cycle of the Universal Periodic Review (UPR) on Sierra Leone, the UPR working group urged Sierra Leone to ‘allocate adequate budgetary resources for the promotion and protection of children’s rights; harmonising laws to prevent and end child marriage, and undertaking comprehensive awareness-raising on the negative consequences of child marriage on girls; and enforcing the Child Rights Act and enabling the bill on the prohibition of child marriage.’ Fast forward to June 2024, Sierra Leone has enacted the Prohibition of Child Marriage Act 2024. The Act which prohibits and criminalises marrying anyone under the age of 18 also seek to protect the rights and development of girls which has long been violated and hindered.
Perpetuating Patriarchy via Polygamy: Gaps in Legal Pluralism, the case of Afar and Somali regions of Ethiopia
Posted: 15 March, 2024 Filed under: Rehim Baharu Elala | Tags: child marriage, Civil Code, Deputy Chief Commissioner for Women and Children Affairs, discrimination against women, Ethiopian Constitution, Ethiopian Human Rights Commission (EHRC), family relations, Federal Family Law, fundamental rights, Harmful practices, human rights, human rights violations, polygamy, right to equality, right to health, the right to bodily integrity, traditional practices, women’s marital rights, women’s rights Leave a comment
Author: Rehim Baharu Elala
Human rights attorney and women’s rights advocate
A Somali man should at least have three wives: one to raise the children; a second woman for the housework; and a third one whom he can beat as a warning to the others – An old Somali proverb
The above proverb reflects the societal mindset towards polygamy and the wrong perception towards women’s marital rights. This is besides the cultural and religious influences on women to engage in polygamous marriage both in the Afar and Somali regions. Inequality in the family underlines all other aspects of discrimination against women and is often justified in the name of custom or religion. To eliminate discrimination against women in all matters relating to marriage and family relations, states are expected to take all appropriate measures.[1]
The 1995 Ethiopian Constitution guarantees equal rights for women with men in marital, personal, and family matters under article 34. The frequent mention of equality of men and women in all family relations arises from the need to combat traditional practices based on customary or religious notions that perpetuate discrimination against women.[2]
Forced marriage is a major concern for mental health of victims: Why are partners not doing enough? A case of Somalia
Posted: 15 August, 2023 Filed under: Bahja Hassan | Tags: CFM, child marriage, child mothering, economic gain, escaping poverty, forced marriage, fundamental rights of girls, gender equality, Girls Not Brides, health risks, Laws and policies, legal frameworks, mental health, mental healthcare, mental healthcare services, negative implications, ocial-cultural underpinning, political instability, poverty alleviation, right to education, rights to dignity, Somalia Leave a comment
Author: Bahja Hassan
Independent Somali Gender Analyst
Summary
This article points out why initiatives to address child and forced marriages in Somalia are inadequate at providing mental health services to survivors of child marriages. It proposes an urgent rethinking of current interventions and approaches to integrate mental healthcare services so that frontline workers are equipped with necessary skills to provide services to young mothers. It argues that failure to integrate mental healthcare services into programmes aimed at ending child and forced marriage would not provide any meaningful results. This is because child and forced marriage inevitably impact girls’ mental health so much as it violates their rights to dignity, education, and livelihoods.
A quest for better protection: Sudanese women today
Posted: 11 November, 2021 Filed under: Dunia Mekonnen Tegegn | Tags: (VAWG), African Protocol on Women’s Rights, arbitrarily arrest, CEDAW, child custody, child marriage, conflict areas, displacement, divorce, human rights, immoral behavior, International Covenant on Civil and Political Rights, Islamic fundamentalists, Jebril Ibrahim, knee length skirts, lack of protection, marriage, Muslim Personal Law, Political commitment, public disgrace, Public Order Police Officers, sexual abuse, sharia law, social media, Sudan, tribal and militia violence, Violence Against Women Act, Violence against Women and Girls, wearing trousers, women rights violations Leave a comment
Author: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
Violence against Women and Girls (VAWG) is regarded as a prevalent and critical hindering factor for human development and peace-building in Sudan. Prior to the revolution, Sudanese women used to face a daily risk of being arbitrarily arrested in public or private places for “indecent or immoral behavior or dress.” Public Order Police Officers in Sudan had the power to decide what is decent and what is not. In most cases women are arrested for wearing trousers or knee length skirts.[1] Though in 2019, the transitional Sudanese government rescinded the public order laws that governed women’s presence in public spaces, resulting in arbitrary arrests and ill-treatment, Sudan still needs to change other aspects of the public order regime that has a discriminatory effect on women.
Sudan is a party to the International Covenant on Civil and Political Rights. Though the Sudanese government approved the ratification of CEDAW and the African Protocol on Women’s Rights following years of demands from Sudanese women, the ratification of CEDAW came with reservations on the articles number 2, 16 and 1/29, which is a clear violation of the rule that prevents reservations that defeat the essential elements and goals of human rights covenants.
Towards eradicating female genital mutilation in Nigeria
Posted: 3 September, 2021 Filed under: Dunia Mekonnen Tegegn | Tags: abuse, abuse of women, Africa, child marriage, clitoris, cultural relativism, domestic violence, federal law, female genital mutilation, fgm, FGM/C, fistula, GBV, gender-based violence, Harmful practices, harmful traditional practices, human rights, indigenous areas, international call, maternal mortality, Nigeria, protection, psychological violence, sexual violence, socioeconomic violence, traditional circumcisers, Type II, vagina, violence, women's rights Leave a commentAuthor: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
Nigeria is home to over 180 million people, 49.4% of whom are female. Along with the rest of the population, the Nigerian female population will experience dramatic increases in size by 2050. As far as violence against women is concerned, federal law addresses sexual violence, physical violence, psychological violence, harmful traditional practices, and socio-economic violence. The law also cites spousal battery, forceful ejection from the home, forced financial dependence or economic abuse, harmful widowhood practices, female genital mutilation/cutting (“FGM/C”), other harmful traditional practices, substance attacks (such as acid attacks), political violence, and violence by state actors (especially government security forces) as offenses.
A 2019 survey on domestic violence found that 47% of respondents had suffered from domestic violence or knew someone who had; 82% of respondents indicated that violence against women was prevalent in the country. Police often refused to intervene in domestic disputes or blamed the victim for provoking the abuse. In rural areas, courts, and police were reluctant to intervene to protect women who formally accused their husbands of abuse if the level of alleged abuse did not exceed local customary norms.
Child marriages in Zimbabwe and the failure by the State to fulfil its obligations to protect the rights of children
Posted: 26 August, 2021 Filed under: Nqobani Nyathi | Tags: ACERWC, Africa, African Commission, child marriage, child marriages, children's rights, Committee of Experts on the Rights of the Child, constitution, Constitution of Zimbabwe, discrimination, gender inequality, girl child, human rights, Maputo Protocol, Marriage Act, Marriages Bill, provisions, religion, religious justification, religious sects, reproductive health, rights of children, rule of law, sexual rights, SRHR, women's rights, Zimbabwe 1 Comment
Author: Nqobani Nyathi
Researcher, Centre for Human Rights, University of Pretoria
Introduction
Recently, there have been reports about a 14-year old child who died during childbirth. The reason why such a tragedy happened and may continue to happen is the State’s failure or unwillingness to eradicate child marriages. This article seeks to outline Zimbabwe’s legislative framework regarding child marriages and its obligations in terms of international law.
The legal position
Child marriage is illegal in Zimbabwe as held by Zimbabwe’s Constitutional Court. In January 2016, the apex court rightly found that the legislative provisions legalising child marriages were inconsistent with the Constitution of Zimbabwe. The Constitution has fairly strong provisions promoting and protecting the rights of children, including the right to be protected from sexual exploitation or any form of abuse. The Court also observed that historically there has been a “lack of common social consciousness on the problems of girls who became victims of early marriages.”
The fact that child marriages had to be declared illegal through litigation exposes this lack of common social consciousness. Zimbabwe had been clinging to the archaic law legalising the marriage of children in terms of both the Marriage Act 81 of 1964 and the Customary Marriages Act 23 of 1950.
Addressing gender-based violence against women and children in Africa
Posted: 14 January, 2021 Filed under: Kwasi Asiedu Abrokwah | Tags: Africa, child marriage, discrimination, female genital mutilation, femicide, GBV, Gender Based Violence, intimate partner violence, kidnapping, lack of education, religious laws, sexual harassment, sexual violence, socio-economic violence, United Nations Women’s Organization, UNWomen 1 Comment
Author: Kwasi Asiedu Abrokwah
Operational Supervisor, Prime Legacy Construction Pty; Communications Director, The Great People of South Africa
Introduction
Gender-based violence (GBV) is defined as violence that is directed against a person on the basis of their gender or sex, including acts that inflict physical, mental, or sexual harm (intimate partner violence or non-intimate partner violence), suffering threats of such acts, coercion and deprivations of liberty. According to the United Nations Women’s Organisation (UNWomen), it is estimated that 35 percent of women worldwide have experienced either physical or sexual violence at some point in their lives. In the West African region, Liberia, Cote d´Ivoire and Sierra Leone are examples of countries where GBV were used as weapons of war. GBV has been a huge problem in Africa where women and children are violated by men. GBV occurs in various forms, including femicide, female genital mutilation (FGM), child marriage, intimate partner violence, sexual harassment, sexual violence and kidnapping. It may also occur in the form of socio-economic violence, including discrimination and denial of opportunities or services on the basis of sex, gender, sexual orientation.
Ending child marriage: A call to action
Posted: 13 October, 2020 Filed under: Mary Izobo | Tags: 11 October, ACRWC, Africa, African Charter on the Rights and Welfare of the Child, both boys and girls, child marriage, complications from pregnancy, financial freedom, fundamental human rights, Gender discriminatory norms, gender-sensitive laws, girl child, ICRW, International Council of Research on Women, International Day of the Girl Child, My voice, our equal future 2 Comments
Author: Mary Izobo
International Human Rights Lawyer and Gender Advocate
Introduction
The International Day of the Girl Child is commemorated globally every year on 11 October since 2012 to highlight the injustices girls face based on their gender, while advancing the fulfilment of their rights, development and wellbeing. The United Nations theme for the International Day of the Girl Child 2020 is ‘My voice, our equal future.’ There is a specific emphasis on the girl child because there is a direct form of discrimination against girls who are often deprived of their fundamental human rights. Millions of girls from birth are discriminated against on the grounds of sex and gender. This year, as we commemorate the International Day of the Girl Child, it is important to bring to the world’s attention, child marriage which continues to be an unending anathema that serves as a challenge in the fulfilment and enjoyment of the rights and welfare of the girl child.
Child marriage is the marriage of a child before he or she turns 18 years of age. It is a global phenomenon that continues to obstruct the wellbeing of young boys and girls. Child marriage affects both boys and girls, but nine in ten children married off before they turn 18 years are girls. Every two seconds, a girl is married off, before she is physically, psychologically or emotionally developed enough to become a bride or mother. An estimated 650 million women and girls in the world today were married before they turned 18 years and one-third of these women and girls were married off before they turned 15 years. According to United Nations International Children Emergency Fund (UNICEF), out of the world’s population, 1.1 billion are girls and 22 million of them are married off before they attain adulthood.
Child marriage as ‘security’?
Posted: 13 October, 2014 Filed under: Thato Motaung | Tags: ACRWC, Africa, African Charter on the Rights and Welfare of the Child (ACRWC), African traditions, arranged marriages, CEDAW, child marriage, conscription, Convention on the Elimination of Discrimination against Women, Eritrea, military service, national service, nternational Day of the Girl Child, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, sexual harassment, torture, traditional beliefs, UNICEF, Universal Declaration of Human Rights 1 Comment
Author: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria
International Day of the Girl Child: 11 October 2014
“The female soldiers did everything we did. In addition they were forced to cook for the commanders, wash their clothes, and some were forced to have sex with them.” – Khalid al-Amin on life as a conscript, Aljazeera interview – Escaping Eritrea’s ‘open prison’ (3 October 2014)
The legal age at which a girl can get married in Eritrea is 18 years, however many marry earlier as an act of great desperation.
Child marriage is prohibited in numerous international human rights instruments, namely; the Universal Declaration of Human Rights, the Convention on the Elimination of Discrimination against Women (CEDAW) the African Charter on the Rights and Welfare of the Child (ACRWC) and in the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa. That said, child marriage is nevertheless rampant on the African continent. According to the United Nations Children’s Fund (UNICEF) figures (2013), out of the 20 countries most affected by child marriage, Africa hosts 15. ‘Typical’ drivers of child marriage include customary/traditional beliefs, desire for economic gain or to provide security. I hesitated at the mention of ‘security’ because how does a minor gain security from being forced to engage in sexual reproduction, childbearing and birth within a completely unprepared body and mind?
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