Women's Human Rights Resources
Share Knowledge 
Support Advocacy 
Promote Scholarship
What is the Accepted Age of Marriage in International Conventions?
International conventions do not clearly state when a girl is too young to marry. However, various international bodies such as the UNICEF and the United Nations Population Fund have suggested that 18 should be considered the minimum age of marriage.
The provisions that deal with age of marriage in the various conventions are:
- 1948 Universal Declaration of Human Rights provides that men and women are entitled to equal rights in marriage and marriage breakdown, and that both potential spouses should freely and fully consent to the marriage [Article 16]
- 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery considers any marriage that is forced upon a girl or woman by her family or guardians a practice similar to slavery [Article 1 (c)]
- 1964 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages indicates that marriage requires the consent of both parties [Article 1]; calls upon parties to eliminate the marriage of girls under the age of puberty and requires that states stipulate a minimum age of marriage
- 1965 Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages [non-binding recommendation that accompanies the 1964 Convention] indicates that the age of marriage should be no less than 15 years unless a competent authority agrees that there are serious reasons to provide otherwise [Principle 2]; all marriage shall be registered by a competent authority [Principle 3]
- 1966 International Covenant on Civil and Political Rights [Article 23] and the 1966 International Covenant on Economic, Social and Cultural Rights [Article 10] reinforce that marriage shall be entered into with the free and full consent of both parties
- 1979 Convention on the Elimination of Discrimination Against Women provides that the betrothal and marriage of a child shall have no legal effect. It further requires that states set a minimum age of marriage and that they require the official registration of marriages.
- 1990 African Charter on the Rights and Welfare of the Child provides that shall child betrothal and marriage shall be prohibited and that effective action shall be taken to ensure that the minimum age of marriage is 18.
- Article 16(2) of the Convention on the Elimination of All Forms of Discrimination Against Women specifically addresses age of marriage. It provides that "the betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory". The term "child" is not defined in the Women's Convention.
- The Committee that oversees the Women's Convention, has, however, issued its interpretation of article 16(2) in the form of General Recommendation No. 21. This General Comment is entitled, "Equality in marriage and family relations, CEDAW, General Recommendation 21 , UN GAOR, 1994, Doc. No. A/47/38" It suggests that the age of marriage for both men and women should be 18.
The relevant section of this General Recommendation reads:
1. In the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, States are urged to repeal existing laws and regulations and to remove customs and practices which discriminate against and cause harm to the girl child. Article 16(2) and the provisions of the Convention on the Rights of the Child preclude States parties from permitting or giving validity to a marriage between persons who have not attained their majority. In the context of the Convention on the Rights of the Child, "a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier". Notwithstanding this definition, and bearing in mind the provisions of the Vienna Declaration, the Committee considers that the minimum age for marriage should be 18 years for both man and woman. When men and women marry, they assume important responsibilities. Consequently, marriage should not be permitted before they have attained full maturity and capacity to act. According to the World Health Organization, when minors, particularly girls, marry and have children, their health can be adversely affected and their education is impeded. As a result their economic autonomy is restricted.
2. This not only affects women personally but also limits the development of their skills and independence and reduces access to employment, thereby detrimentally affecting their families and communities.
3. Some countries provide for different ages for marriage for men and women. As such provisions assume incorrectly that women have a different rate of intellectual development from men, or that their stage of physical and intellectual development at marriage is immaterial, these provisions should be abolished. In other countries, the betrothal of girls or undertakings by family members on their behalf is permitted. Such measures contravene not only the Convention, but also a woman's right freely to choose her partner.
4. States parties should also require the registration of all marriages whether contracted civilly or according to custom or religious law. The State can thereby ensure compliance with the Convention and establish equality between partners, a minimum age for marriage, prohibition of bigamy and polygamy and the protection of the rights of children.
Other provisions of the Women's Convention that are particularly relevant to reproductive and sexual health in general, and to early marriage in particular, include but are not limited to: Articles 11(1)(f), 12, 14(2)(b) - equal rights with regard to health
Articles 10(e), 14(b) and 16(e) - equal right to receive and impart information
Articles 10, 14(2)(d) - equal right to education
Article 16 - equal rights to marry and found a family
Article 16 - equal rights to private and family life
Articles 1, 2, 3, 4, 5 - right to non-discrimination on the ground of sex and gender
IS THERE ANY DEBATE OVER THE DEFINITION OF "EARLY MARRIAGE"?
The lack of an overarching definition of early marriage in international conventions has generated some debate. Some scholars and activists, argue that instead of looking for a universal age at which girls (and boys) should not marry, we should focus instead on eliminating the unwanted effects of early marriage. For example, some commentators suggests that a universal age of marriage is not appropriate, in part because societies have different understanding of what it means to be a child as well as different socio-economic and cultural realities. Bunting proposes that governments should be allowed to set the age of marriage below 18 years of age, but that the onus is on them to demonstrate that this lower age does not result in any discrimination or adverse consequences for women. She argues that this approach to early marriage provides a more accurate reading of the international conventions than the approach which stipulates 18 as the minimum age of marriage. [See Annie Bunting, Particularity of Rights, Diversity of Contexts: Women, International Human Rights and the Case of Early Marriage (1999) Doctoral Thesis, University of Toronto, Faculty of Law]
HOW BIG IS THE PROBLEM?
It is difficult to define exactly how many girls marry too young. The problem is created in part by the lack of a universally accepted definition for age of marriage. The bigger problem, however, is that many marriages are not registered or counted in any standard national data collection system. The available data suggests that early marriage is most common in Sub-Saharan Africa and in South Asia. In Niger, for example, 70% of girls between 15 and 19 years of age are married, compared with 4% of boys. The practice is evident throughout the globe, however. According to UNICEF, It is important to note that early marriage, and early childbearing, have been more or less abandoned by the wealthiest sections of society, even in poor and highly traditional countries. Virtually everywhere, poor women in rural areas tend to marry younger than those in urban areas, and educational levels also play a critical role. [UNICEF, Innocenti Digest " Early Marriage, Child Spouses " (March 2001) at page 5]
WHAT ARE THE CAUSES OF EARLY MARRIAGE?
The causes of early marriage vary from culture to culture but some are common among all cultures.
- Poverty: early marriage is sometimes viewed as a means of economic survival. If girls are married early, then the family has one less mouth to feed, and the hope is that the girl herself will be better off.
- Social unrest or civil strife: in countries experiencing war or other types of severe social stresses, violations of children's rights often increase. Child labour, child prostitution, high levels of neglect and abandonment and a rise in early marriage are often signs of underlying social traumas.
- Desire to protect the girl: in societies where virginity is valued, early marriage is seen as a way of protecting girls from unsanctioned pre-marital sex.
- Laws: in some countries, the age of marriage for boys is higher than for girls. This contributes to the belief that it is acceptable for girls to marry at an early age.
- Threats to cultural survival: in societies facing war or some other form of trauma or risk, marrying a girl to someone within the same culture is seen as a way of promoting the culture by ensuring that the children will be born and raised in a culturally safe environment.
WHAT ARE THE CONSEQUENCES OR RESULTS OF EARLY MARRIAGE?
There tends to be a relationship between age of marriage, level of education, poverty, and health: poorer, less educated girls tend to marry earlier and tend also to have poorer health. The following consequences tend to flow from early marriage: º Poor health including poor reproductive health: girls who marry young are at risk of earlier exposure to risk of sexually transmitted diseases and HIV/AIDS. They also risk diseases such as vesico-vaginal fistulae (VVF) or leakages from the bladder into the vagina caused by the birthing process.
- High maternal mortality rates: young women who give birth between 15 and 19 years of age are twice as likely to die in childbirth than women who are over 20 years of age. Early marriage also tends to mean increased pregnancies which further increases the chance of death.
- Greater risk of domestic violence: young girls are often married to men who are much older than themselves. The age difference tends to reinforce the powerlessness of the girl, who is thus at greater risk of abuse and less likely to assert herself.
- Lower education and work skills: girls who marry young tend to drop out of school and are more likely to bear children during adolescence, thus effectively ensuring that they will not return to school or develop other work skills.
- Divorce or abandonment: some desperate girls and women who have been forced into marriage try to run away or take other avenues to leave their spouses, others are abandoned by their spouses. Usually, however, the girls and women are left with the responsibility of raising children without the husband or family's financial support, thus making them more likely to live in poverty.
- Reinforced gender stereotypes and roles: the lack of other opportunities and the powerlessness that often accompanies early marriage combine to perpetuate the gender roles of girls and women and reinforces cultural traditions that support early marriage as a desirable practice.
- Psychological disadvantage: girls who are forced to marry early often face social isolation and have no one with whom to discuss their unhappy lot.
- Widowhood: where a young girl is married to an older man, the chances of becoming a widow at a young age increase. This often carries with it a low social status and inability to inherit property.
- A cycle of poverty and abuse: children of young and illiterate mothers tend to face the same cycle of deprivation and abuse experienced by their mothers.
WHY TAKE A HUMAN RIGHTS APPROACH TO THE ISSUE OF EARLY MARRIAGE?
Early marriage tends to be studied within demographics or population studies, or from a concern about the health risks that accompany early childbirth. The concern has been with identifying the connection between early marriage, high rates of population growth, and socio-economic stresses on a society. While it is important to study early marriage from a demographic and medical perspective, a human rights approach offers a more complete analysis of the issues.
A human rights approach begins from the assumption that a women's rights and the rights of her society and her family are inextricably linked - they cannot be separated from each other. As the causes and consequences of early marriage indicate, a society cannot prosper if the interests of women and girls within the society are neglected. Moreover, women and girls are rights bearers themselves, they are entitled to the same level of respect, concern and right to pursue their potential - things that are generally given more easily to men than to women by societies around the world. But, approaches to early marriage that take place outside the human rights context tend to focus more on the social impact and less on the impact of the girl or woman.
A human rights approach requires a holistic analysis of the causes and consequences of early marriage. It requires, for example, that individuals cases of maternal death be seen as part of a wider pattern of discrimination against women and girls. Thus, the marriage of an unwilling young girl at 12 is not regarded as an necessary event to which the girl will eventually reconcile herself, but is seen as part of a larger pattern of obstacles that are placed by society in the face of a girl's full development and potential. A human rights approach also requires that concerns that may have been traditionally regarded as private family concerns be understood as public matters. It insists that society mobilize its resources, energies and talents to ensure that the interests of women and girls are placed on the public agenda. Thus, the unhappy girl's fate is not simply the responsibility of her father, mother or husband, but must be seen as part of a larger social agenda of any culture or society committed to recognizing its full potential and the full potential of all its members in a non-discriminatory way.
WHERE CAN I FIND MORE INFORMATION OVER THE INTERNET?
FOR BACKGROUND INFORMATION:
Health Risks of Early Marriage
This document from the United Nations Population Fund focuses on the health consequences of early marriage and motherhood. It indicates that "in many developing countries, at least 20 per cent of women- in some countries, about half of all women- give birth to their first child before age 18." Moreover, "in developing countries, more than half a million women die every year from pregnancy-related causes." There are four important reasons for these deaths. Births are either "too soon, too close, too many, or too late". Statistically, it is young women who most often die during pregnancy. This module is part of the UNFPA's "Briefing Kit 2000" .
The Burden of Being Born to a Young Mother :
Children born to adolescent mothers are usually at a disadvantage, given the mother's physical and emotional immaturity and the fact that having a child usually puts a stop to her schooling. The risks are especially great for the child if its mother is a young teen (12-16), if she is unmarried, if she is poor, or if the child is unwanted. The burden of being born to an adolescent mother is greatest when all of these conditions prevail.
Early Marriage, Child Spouses, UNICEF, Innocenti Digest (March 2001)
This publication offers an overview of the problem of early marriage. It seeks to put the problem in a larger social and economic context and offers guidelines intended to help end the practice. It also contains an extensive and current list of resources that will be useful for any researcher or advocate working in the area.
Life after Early Marriage, UNICEF Web feature :
These are the stories of four young women from different parts of Ethiopia who married early and then escaped from unhappy marriages.
Women's Human Rights Resources - Adolescents :
The "Adolescents" subheading found under "Reproductive Rights" contains information about relevant UN standards, some scholarly articles and links to sites that deal with the reproductive health of adolescents.
FOR RELEVANT NATIONAL STATISTICAL INFORMATION:
Countries with Legal Minimum Age of Marriage (Africa)
This site offers a chart setting out legal minimum age of marriage. The chart was compiled by the United Nations Economic Commission for Africa.
Unicef, Information Statistics
Users can click on a map to obtain statistics for specific countries or a given region. The information provides includes statistics about reproductive health (Total Fertility Rate, Contraceptive Prevalence and Maternal Mortality Ratio), education rates and other health and welfare indicators.
UNICEF's Progress of Nations series contains vital information relevant to age of marriage research. For example, Progress of Nations 2000 contains information relating to the health risks that threaten teen mothers and their children (at http://www.unicef.org/pon00/). The Progress of Nations 1999 contains information about maternal mortality and fertility rates (at http://www.unicef.org/pon99/stat1.htm ). The 1998 report contains a table that ranks countries according to births per 1,000 females age 15-19 (at http://www.unicef.org/pon98/ )
The Human Development Report was first launched in 1990 with the single goal of putting people back at the centre of the development process in terms of economic debate, policy and advocacy. Since the first Report, four new composite indices for human development have been developed - the Human Development Index, the Gender-related Development Index, the Gender Empowerment Measure, and the Human Poverty Index. Each report provides useful statistics that help put the issue of age of marriage in larger context. The Human Development Report is an independent report. It is commissioned by the United Nations Development Programme (UNDP) and is the product of a selected team of leading scholars, development practitioners and members of the Human Development Report Office of UNDP.
USAID, Country Health Statistics
This site provides statistics on health by country that include family planning and maternal health indicators.
This site offers a guide to finding relevant international statistics. It is extremely useful. Users should set aside some time to reviewing it.
WHO Statistical Information System (WHOSIS) Evidence and Information for Health Policy
The purpose of this Statistical Information site is to describe - and to the extent possible provide access to - epidemiological and statistical information available from a variety of sources. Most WHO technical programmes make statistical information available, and they may also be linked through this site. Users also have the possibility to search by keywords through the entire WHO site, and globally throughout the WWW.
FOR INFORMATION ABOUT INTERNATIONAL LAW AND TREATY BODIES:
This compilation was produced by the International Programme on Reproductive and Sexual Health Law at the University of Toronto, Faculty of Law. It includes the General Recommendations/Observations and the Concluding Observations of international treaty bodies relating to reproductive and sexual health. Several international bodies have commented on early marriage in their review of various countries' adherence to international treaties. The following list is an example of the comments and observations made by the Committee on the Rights of the Child in relation to age of marriage.
The user can research other relevant statements of other treaty bodies available in the compilation by using the search function [ctrl F] on their keyboard.
BENIN (1999)
Concluding Observations of the Committee on the Rights of the Child: Benin. 12/08/99. CRC/C/15/Add.106.
26. The Committee notes with concern the limited efforts of the State party to introduce adequate measures to eradicate the practice of female genital mutilation (FGM) and other harmful traditional practices affecting the health of girls, including early and forced marriages. The Committee recommends that the State party strengthen its efforts to combat and eradicate the persistent practice of FGM and other traditional practices harmful to the health of girls. In this regard, the Committee further urges the State party to carry out sensitization programmes for practitioners and the general public to change traditional attitudes and discourage harmful practices.
BURKINA FASO (1994)
Concluding Observations of the Committee on the Rights of the Child: Burkina Faso, 25/04/94, CRC/C/15/Add.19.
6. The Committee expresses its concern about the negative effects of poverty and structural adjustments on the situation of children in Burkina Faso, as illustrated by the high rate of infant mortality, malnutrition, as well as the low level of health services and school attendance.
14. The Committee recommends that a comprehensive strategy be elaborated and effectively implemented by the Government of the State party to eradicate the existing discrimination against girls and women. In that context, special efforts should be made to prevent existing practices of forced marriage, female circumcision and domestic violence. More attention should be paid to the wider dissemination of knowledge about modern methods of family planning.
ETHIOPIA (1997)
Concluding Observations of the Committee on the Rights of the Child: Ethiopia, 24/01/97, CRC/C/15/Add.67.
12. The Committee expresses its concern about the negative effects of poverty on the situation of children in Ethiopia, as illustrated by the high levels of infant and under-five mortality rates and malnutrition, and at the low levels of school enrolment, education, immunization coverage and health services in general.
14. The Committee remains concerned at prevailing traditional attitudes and harmful practices, such as female genital mutilation, early marriages and teenage pregnancies, and at the persistence of discriminatory social attitudes against vulnerable groups of children, such as the girl child, disabled children, children born out of wedlock and children affected by or infected with HIV/AIDS, including orphans.
42. The Committee shares the view of the State party that serious efforts are required to address harmful traditional practices such as early marriage, female genital mutilation and Trokosi. The Committee recommends that all legislation be reviewed to ensure its full compatibility with children's rights and that public campaigns involving all sectors of society be developed and pursued with a view to changing attitudes. All appropriate action in this regard should be taken on a priority basis.
INDIA (2000)
Concluding Observations of the Committee on the Rights of the Child: INDIA : India, 23/02/2000, CRC/C/15/Add.115.
32. The Committee notes the persistence of discriminatory social attitudes and harmful traditional practices towards girls, including female infanticide, selective abortions, low school enrolment and high drop-out rates, early and forced marriages, and religion-based personal status laws which perpetuate gender inequality in areas such as marriage, divorce, custody and guardianship of infants, and inheritance.
50. The Committee is concerned that the health of adolescents, particularly girls, is neglected, given, for instance, a very high percentage of early marriages, which can have a negative impact on their health. Adolescent suicides, especially among girls, and HIV/AIDS affected children are serious concerns for the Committee.
77. The Committee recommends that the State party undertake a national study on the nature and extent of sexual abuse and sexual exploitation of children, and that disaggregated data be compiled and kept up to date to serve as a basis for designing measures and evaluating progress. The Committee recommends that the State party continue its efforts to carry out extensive campaigns to combat harmful traditional practices, such as child marriages and ritual prostitution; and inform, sensitize and mobilize the general public on the child's right to physical and mental integrity, and safety from sexual exploitation.
KUWAIT (1998)
Concluding Observations of the Committee on the Rights of the Child: Kuwait, 26/10/98, CRC/C/15/Add.96.
28. In the light of the provisions and principles of the Convention, especially its Articles 2, 3, 6, 12 and 24.3, the Committee is concerned at the practice of early marriage. It recommends that the State party undertake all appropriate measures, including legal measures, awareness-raising campaigns with a view to changing attitudes, counseling and reproductive health education, to prevent and combat this traditional practice which is harmful to the health and well-being of girls and the development of the family.
LEBANON (1996)
Concluding Observations of the Committee on the Rights of the Child: Lebanon, 07/06/96, CRC/C/15/Add.54.
16. The Committee is worried by the widespread practice of early marriage and the related consequence of high child mortality rates and the negative impact on the health of girls bearing children at an early age. It is also concerned with consanguineous marriage.
MALI (1999)
Concluding Observations of the Committee on the Rights of the Child : Mali, 02/11/99, CRC/C/15/Add.113.
28. The Committee notes the efforts of the State party to introduce measures to eradicate the practice of female genital mutilation (FGM) and other harmful traditional practices affecting the health of girls, including early and forced marriages. The Committee welcomes the proposal to establish a national committee on practices harmful to the health of women and children and to implement a plan of action to reduce the practice by the year 2008. The Committee remains concerned, however, that harmful traditional practices such as excision and early and forced marriages continue to be widely practised within the State party. The Committee also notes with concern that approximately 75 per cent of women in the State party are in favour of maintaining the practice of excision. The Committee recommends that the State party strengthen its efforts to combat and eradicate the persistent practice of FGM and other traditional practices harmful to the health of girls. The Committee urges the State party to continue its efforts to conduct sensitization programmes for practitioners and the general public in order to change traditional attitudes and discourage harmful practices. In this regard, the Committee also encourages the establishment of alternative career training programmes for practitioners. The Committee encourages the State party to continue its collaboration with, inter alia , neighbouring States to identify good practices undertaken in the campaign to combat and eradicate the practice of FGM and other harmful traditional practices affecting the health of girls.
MEXICO (1999)
Concluding Observations of the Committee on the Rights of the Child : Mexico, 10/11/99, CRC/C/15/Add.112.
16. The Committee expresses its concern that the minimum legal ages for marriage of boys (16) and girls (14) in most of the states of the State party are too low and that these ages are different for boys and girls. This situation is contrary to the principles and provisions of the Convention and constitutes a form of gender-based discrimination which affects the enjoyment of all rights. The Committee recommends that the State party undertake legislative reform, both at the federal and state levels, to raise and equalize the minimum legal ages for marriage of boys and girls.
Home Privacy WHRR in the News About WHRR Contribute to WHRR
Bora Laskin Law Library U of T Faculty of Law