ENDING CHILD MARRIAGE empowering girls © UNICEF VIET NAM\2015\TRUONG VIET HUNG VIET NAM\2015\TRUONG VIET UNICEF © UNDERSTANDING CHILD MARRIAGE IN VIET NAM UNDERSTANDING CHILD MARRIAGE IN VIET NAM In Viet Nam, child marriage continues to be a persistent Nations held a multi-stakeholder National Conference on issue. One-in-10 Vietnamese women aged 20-24 years in Child Marriage to review gaps in policy and interventions. 2014 was found to be married or in union before their 18th In June 2017, a follow-up multi-stakeholder conference was birthday. There has been no substantial decrease in the held on “Preventing and Ending Child and Early Marriage: prevalence of child marriage. While its prevalence varies Learning from Promising Strategies and Good Practices”. across geographic areas, girls from all regions of Viet Nam and all layers of society are vulnerable to becoming a child This discussion paper builds on the outcomes of these bride. In Viet Nam, child marriage assumes different forms conferences and research on child marriage and early union and is undertaken for different reasons. To successfully in Viet Nam. It presents unique insights into the prevalence end this harmful practice, interventions must be carefully and the girls most at risk as well as the unique features tailored to local reality. and driving factors of child marriage and early union. The paper also suggests entry points for the development of In line with the UNFPA-UNICEF Global Programme to holistic and targeted interventions to prevent child mar- Accelerate Action to End Child Marriage, UNFPA and riage and early union in Viet Nam. To this end, it provides UNICEF have been joined by UN Women to collectively work specific recommendations on how laws and policies could and advocate for holistic and integrated actions for the be enhanced to better reflect the protection of the rights of prevention of child marriage and early union in Viet Nam. In children under the age of 18 years. October 2016, the Vietnamese Government and the United DEFINITION OF CHILD AND EARLY MARRIAGE The Committee on the Rights of the Child defines child marriage as any marriage where at least one of the parties is under 18 years of age. The committee urges countries to set the minimum age for marriage for men and women (with or without parental consent) to 18 years (File nos. CEDAW/C/ GC/31-CRC/C/GC/18, para. 20 and CRC/GC/2003/4, para. 20). UNFPA and UNICEF define child marriage as “a formal marriage or informal union before age 18”, thus also recognizing the importance of including non-formal marriages or unions in this notion. Cohabitation – when a couple lives ‘in union’, as if married – raises the same human rights concerns as child marriage. In Viet Nam, early marriage is considered a marriage where one or both partner(s) have not reached the minimum legal age for marriage, which is 18 years for girls and 20 years for boys (Art. 8(1) of the Law on Marriage and Family). Taking the above into account and the context of Viet Nam, this paper uses the term “child marriage and early unions” to cover formal marriage and informal union before the age of 18. When the term “early marriage” is used, it refers to the Vietnamese definition. © UNFPA VIET NAM\2016\NGUYEN THI THI THANH HONG VIET NAM\2016\NGUYEN © UNFPA BACKGROUND Despite national laws and international conventions Within Viet Nam, there is recognition that child marriage prohibiting harmful practices, child marriage is a is an illegal and harmful practice that violates the rights widespread and entrenched phenomenon that occurs of children. The Law on Marriage and Family, Law on globally, particularly in developing countries such as Children and Penal Code prohibit and penalize child and Viet Nam. Annually, 15 million girls around the world are early marriage. In 2015, the Prime Minister approved a married before the age of 18, equal to more than 41,000 National Programme to address child marriage in ethnic girls per day.1 While boys and girls are affected by child minority areas (2015-2025).3 Recently, the government marriage, the impact on girls is far larger in number and adopted a National Action Plan to implement the 2030 intensity. Child brides are robbed of their hopes and Agenda for Sustainable Development Goals (SDGs).4 Yet, dreams. They are more likely to drop out of school and actual investments in programmes to end the practice less likely to join the labour force. They have more children remain limited. Current interventions mainly focus on and have them earlier. They are much more likely to suffer communication and awareness raising with a punitive from health problems, sexual violence and abuse. Health approach. While adopting and enforcing legal provisions problems not only affect girls, but also children born from for the minimum age of marriage is important, this is not the marriage. Child marriage also severely undermines effective in the case of certain types of child marriage or national development and poverty eradication efforts. In early unions, including “love marriage” and “marriage to fact, the World Bank calculated that child marriage would resolve pregnancy”.5 In addition, the current structure cost developing countries trillions of dollars by 2030 due of governance lacks a focal point agency responsible for to higher fertility and population growth, health costs, the coordination and management – implementation, loss of labour market earning and productivity.2 monitoring and data collection – of interventions to prevent child marriage or early unions. An inter-sectoral mechanism, in which the role and functions of each sector are clearly identified, is also absent. UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE 3 CHILD MARRIAGE PREVALENCE IN VIET NAM: DISPARITIES AND INEQUALITIES 12.0% 10.4% 10.6% 9.3% 10.0% 8.0% 6.0% 4.0% 0.9% 0.9% 2.0% 0.5% 0.0% 2006 2011 2014 Under 15 Under 18 Figure 1. Rate of women (aged 20-24 years) who were married or in union before age 15 and 18, Viet Nam, 2014 (SDG indicator) Source: Drawn from MICS 2006, 2011 and 2014 Data shows that one-in-10 women (aged 20-24 years) in of 15 to 17-year-old girls were ever married compared Viet Nam in 2014 was married or in union before their to 0.9% of boys in that age range. The difference in the 18th birthday and one-in-100 women bef ore their 15th percentage of married adolescents by sex increases with birthday.6 There has been little to no change in child age. Especially at the age of 17, child marriage becomes marriage rates reported by women aged 20-24 years from predominately a problem for girls.7 2006 and 2014 (Figure 1). While child marriage occurs throughout Viet Nam, not all girls face the same risk of becoming a child bride. During this period, the prevalence among girls aged 15- Wide disparities across regions and residence are evident 19 years married at the time of Multiple Indicator Cluster (Figure 2). The highest rates of women (aged 20-49 years) Survey (MICS) in Viet Nam almost doubled, from 5.4% in married before their 18th birthday were found in the 2006 to 10.3% in 2014, which might indicate that child Northern Midlands and Mountainous area (18.8%), the marriage is on the rise. It should be noted that this age Central Highlands (15.8%) and the Mekong River Delta group also consists of 18 and 19-year-old women, who fall (13.8%). All regions in Viet Nam showed an increase in outside the definition of child marriage. There is no MICS prevalence between 2006 and 2014, except for the Red data available of girls aged 15-17 years currently married. River Delta. In addition, child marriage was more common Most child marriages involve girls, although underage in rural areas (13.3%) than in urban ones. Still, 6.7% of boys are also married in Viet Nam. The Inter-Censal urban women (aged 20-49 years) were married before the Population and Housing Survey 2014 shows that 3.9% age of 18.8 4 UNFPA & UNICEF VIET NAM: A DISCUSSION BRIEF ON CHILD MARRIAGE Figure 2. Regional differences: rates of women (ages 20-49) who first married or in union before age 18, 2014 Source: Adapted from UN Women, Making Inclusive Growth Work for Women […], 2016 Education plays an important role in the prevalence of According to the Inter-Censal Population and Housing child marriage. Girls with no education are almost seven Survey 2014, people living in households with a large times more likely to marry in childhood than those who number of people were more likely to marry early. completed higher secondary education. In addition, Interestingly, the survey found that the gender of the children whose parents have a higher level of education household head, father or mother, did not affect child run a lower risk of becoming a child bride.9 As shown in marriage. The age of the mother or father does have an Figure 3 (see page 6), there is also a substantial gap in the effect, namely child marriage decreases as parental age rate of child marriage between the poorest and richest increases. Furthermore, children with a single parent tend households.10 A child bride is more likely to be a member to marry early.12 of one of the 53 ethnic minority groups in Viet Nam than a member of the majority Kinh population. In 2014, 23.1% of It is noticeable that the national rate of married girls ethnic minority women (aged 20-49 years) were married whose spouses were 10 or more years older is relatively before the age of 18.