Document Advocating Against Teenage Marriage
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Document Advocating Against Teenage Marriage Prepared by Dr. Faysal El-Kak Clinical Associate- Department of Gynecology and Obstetrics- American University of Beirut Medical Center Senior Lecturer- Faculty of Health Sciences – American University of Beirut December 2014 Contents: 1. Overview of teenage marriage in the Arab region and the world 2. Reasons and motives for marrying off minors 3. Consequences and Implications 4. The measures and steps taken 5. References 1. Overview of child marriage in the Arab Region and the World: About one third of women in the world are married before the age of 18; furthermore, records show that the highest rate of early matrimony is in South Asia. See: http://data.unicef.org/child-protection/child-marriage?q=printme#sthash.zjAYUzXl.dpuf Table 1: Proportion of women married before the age of 18 among women aged between 20 and 24 years old by geographical region International Context of early marriage The choice of partner and appropriate timing for marriage is one of the most important life decisions that an individual should make for his/her self. No other person is entitled to make, control and/or influence this decision. Based on that belief, the choice to wed must be associated with the individual’s complete freedom and the absence of any element of coercion, hatred, fear or external pressure in the course of making this decision. It is acknowledged that in order for an individual to have the freedom and ability to consent they are required to be adults, 18 years of age or older. Most states agree on this principle, which is also reflected in International Human Rights Measures, precisely the Convention on the rights of the Child (CRC), the Convention on the Elimination of all forms of discrimination against Women (CEDAW), which banned child marriage, as well as the International Conference on Population and Development (ICPD), which called on all Member States in 1994 to work towards the elimination of child marriage and the enforcement of laws that guarantee the complete consent of minors. http://www.unfpa.org/webdav/site/global/shared/documents/publications/2012 /MarryingTooYoung.pdf Globally, 18 years is the legal age of marriage, yet many countries allow individuals younger than 18 to marry if parental and judicial authorities’ consent is provided. More than 30 States allow the marriage of those 15 years of age or younger if their parents’ approval was granted. Furthermore, a large number of countries allow the marriage of girls, under the same conditions mentioned above, at a younger age than those specified for boys, thus demonstrating that the early marriage phenomenon is influenced by gender. Legal Age of Marriage in some Countries: Arab Countries: Islamic Sharia did not specify a certain age for marriage though it authorized Muslim religious figures to wed couples under the age of puberty, overlooking the civil status laws in Arab and Islamic countries which identified the minimum age of marriage. For example: 1) Article 5 of the Jordanian civil status law stated that in order for a marriage to be competent the groom and bride must be mature and the groom must be minimum 16 years old while the bride must be 15 years or older, 2) The first paragraph of article 20 of the Arab Emirates civil status law defines the legal age of marriage to be 18 years for boys and 16 years for girls, 3) The Syrian civil status law identified the legal age of marriage to be 18 year for boys and 17 years for girls. The marriage of boys aged 15 and girls aged 13 is also authorized only with the permission of the judge and the consent of the guardian. 4) While, the Tunisian civil status law defined the legal age of marriage to be 20 years for boys and 17 years for girls The European laws also specify a minimum age of marriage, for example: 5) The French law determined the legal age of marriage to be 18 years for boys and 15 for girls, 6) And the German law determined 21 years to be the legal age for men and 20 years for women, 7) While the Swiss law specified the age of marriage to be 20 years for boys and 18 years for girls. It should be noted that other religions (non-Christian and non-Muslim) have identified the legal age of marriage. In Jewish law, for example, they identified the marriage age of boys to be 13 and 12 for girls. Even during the Roman era, the minimum marriage age was specified, 14 years for boys and 12 years for girls. Early marriage in the Arab World Recently, in March 2013, the World Health Organization issued a common press conference with the United Nations Population Fund and Non- Governmental Organizations advocating for women's and children's health, announcing that one out of seven girls are married under the age of 18 years. The study shows that more than 140 million girls are estimated to get married at a young age between the year 2011 and 2020, totaling around 39,000 girls daily(2). The highest rate of early marriages, which occur below 18 years of age, are in South Asia; their teenage marriage rate constitutes around half of the number of girls worldwide, followed by the South African Sahara, which constitutes one- third of girls globally(2). As for the Arab world, according to the Pan-Arab Program for Family Health PAPFAM, the early marriage rates are higher in countries with low income (income below than 2,000USD per person in 2011), like Yemen (%32), Sudan (%33), Somalia (%45), South Sudan (%52). However, teenage marriage remains to be a rare phenomenon in countries like Tunisia, Algeria, and Libya(%2). Egypt is seen to have the highest prevalence of teenage marriage in terms of its dense population (%17). (4) Graph #2: The rate of married women under the age of 18 who are now between the age of 20 and 24 years in some Arab countries. In most of the Arab countries today, a reduction in child marriage rates is witnessed compared to what it was like in the past. Yet, Iraq, in particular, is showing a considerable regression in this area. A UNICEF multiple indicator cluster survey (MICS4), conducted on areas and regions in Iraq in 2011, reported the age group between 15 and 19 years to make up 22.41% of the entire population, the highest proportion among age groups, suggesting that Iraq is mostly a young community where a high percentage of married individuals are from within this age group, 45.1% to be precise. This high percentage highlights the widespread of the phenomenon of forced marriage of minors, who constitute a high proportion of the population. Additionally, a survey conducted by the Iraqi Ministry of Planning’s Central Bureau of Statistics in cooperation with the Central Bureau of Statistics of Kurdistan and the ministries of health and women on ' knowledge, attitudes and aspirations of adolescent girls ', showed that the estimated number of girls in Iraq within the age group of 10-14 years was 1.9 million girls. According to these estimates, these girls represent approximately 6% of the total population. According to the results of this survey, the girls in this age group are distributed by 65.4% in cities and 34.6% in rural areas. Region Kurdistan South/Centre % % Total % Region Iraq 15-19 2755 20.53 9618 23.02 12394 22.41 20-24 2643 19.69 7404 17.72 10067 18.21 Age 25-29 2345 17.47 6481 15.52 8843 15.99 30-34 1928 14.36 5708 13.66 7650 13.84 35-39 1669 12.43 5321 12.74 7002 12.66 40-44 1209 9.01 4232 10.13 5450 9.86 45-49 873 6.50 3008 7.20 3888 7.03 Total 13422 100 41772 100 55294 100 Table 3 shows the age distribution by categories and regions It is noted in table 3 that the proportion of young ages, 15-19 years, represents the highest proportion of age groups in the country; making Iraq a young community. This category constitutes 22.41% of the population, which is the same age group teenage marriage girls belong to. Marital/Union status Currently married Formerly married Never married Kurdistan South/Centre Kurdistan South/Centre Kurdistan South/Centre Region Iraq Region Iraq Region Iraq Count % Count % Count % Count % Count % Count % 15-19 255 3.4% 2060 7.7% 10 2.5% 70 4.1% 2490 45.6% 7488 55.9% 20-24 1057 14.0% 4294 16.1% 31 7.6% 147 8.6% 1555 28.5% 2963 22.1% Age 25-29 1600 21.2% 5115 19.2% 33 8.1% 191 11.2% 712 13.0% 1175 8.8% 30-34 1499 19.9% 4759 17.8% 55 13.5% 228 13.4% 374 6.8% 721 5.4% 35-39 1380 18.3% 4520 16.9% 89 21.9% 303 17.8% 200 3.7% 498 3.7% 40-44 1031 13.7% 3521 13.2% 83 20.4% 373 21.9% 95 1.7% 338 2.5% 45-49 729 9.7% 2402 9.0% 105 25.9% 393 23.0% 39 .7% 213 1.6% Table 4 shows the rates of early marriages by categories and age groups It is determined from table 4that the percentage of married women and ex- married women within the age group 15-19 is 45.1%; a high rate which clearly shows the prevalence of underage marriage. In southern and central Iraq, only 55.9% of girls in this age group are unmarried.