Sometimes the age of marriage depends on religious affiliation. In the Philippines, Muslim boys can marry at 15 and Muslim girls at puberty. In 2018, a law known as the Hakkaoui Law came into force because Bassima Hakkaoui drafted it. This includes, among other things, the prohibition of forced marriages. However, it has been criticized that victims must seek prosecution for protection. [82] About one-fifth of countries (38) have different minimum ages for men and women, and girls are almost always younger. In July 2014, forced marriages were criminalised to protect people forced to marry against their will (Swedish: äktenskapstvång). The maximum penalty is 4 years. [122] No court set the maximum sentence until January 2019. [ref. In South Africa, ukuthwala is the practice of kidnapping young girls and forcing them into marriage, often with their parents` consent. [90] The practice takes place mainly in rural areas of South Africa, particularly in the Eastern Cape and KwaZulu-Natal. [91] The girls involved in this practice are often minors, some as young as eight.
[92] The practice has received negative publicity, with media reports in 2009 that more than 20 girls in the Eastern Cape are forced to drop out of school each month because of Ukuthwala. [93] In Tanzania, Muslim and Hindu girls can marry at age 12, as long as the marriage is not consummated until age 15. The United Nations considers forced marriage a form of violation of human rights because it violates the principle of freedom and autonomy of the individual. The Universal Declaration of Human Rights states that the right of a person to choose his or her spouse and to enter into a free marriage is essential to his or her life and dignity, as well as to his or her equality as human beings. [5] The Roman Catholic Church considers forced marriage to be grounds for annulment – for a marriage to be valid, both parties must give their consent. The Supplementary Convention on the Abolition of Slavery also prohibits marriage without the right of rejection by both parties[6] and requires a minimum age for marriage to prevent it. [7] In conflict zones, women and girls are sometimes forced to marry men on both sides of the conflict. This practice has recently taken place in countries such as Syria, Sierra Leone, Uganda and the Democratic Republic of the Congo.Historically, this was common around the world, with women from opposing party communities seen as “spoils of war” who could be abducted, raped and forced into marriage or sexual slavery. [63] Since women were considered property, it seemed reasonable to consider them as property of the war enemy, which could now be appropriated and used by the victor. [64] The COVID-19 pandemic has had a profound impact on girls` daily lives and enjoyment of their human rights. Empirical literature and theory on drivers of child marriage, as well as anecdotal evidence from a number of countries, suggest that the risk of child marriage is increasing in the context of the COVID-19 pandemic and its consequences. In particular, the economic impact on families and societies, school closures and disruptions to girls` services threaten progress and put millions of girls at risk of early marriage, according to a recent UNICEF report. Forced marriages are often associated with violence, both in terms of violence committed within marriage (domestic violence) and violence perpetrated to force a reluctant participant to accept marriage or punish rejection (in extreme cases, women and girls who do not accept marriage are subjected to honour killings). [47] [48] [49] Child marriage can lead to lifelong suffering. Girls who marry before the age of 18 are less likely to stay in school and are more likely to be victims of domestic violence. An arranged marriage differs from a forced marriage because the spouses agree on the arrangement of marriage in an arranged marriage. Some countries also have different age requirements, depending on religious affiliation.
For example, in the Philippines, couples must be 21 years old to marry without permission, unless they are Muslim; Muslim boys can marry at 15 and Muslim girls can marry during puberty. And in Tanzania, Muslim and Hindu girls can marry at the age of 12, as long as the marriage is not consummated until the girl turns 15.
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