Child marriage in international treaties Sample Clauses

Child marriage in international treaties. In the international arena, marriage is mentioned for the first-time in 1948 with the Universal Declaration of Human Rights (United Nations 1948). The UDHR defines an ideal marriage with respect to age, presence of full consent, and equality within marriage. In international law the issue of child marriage was first addressed in the 1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (hereafter: 1962 Convention). The 1962 Convention appeals to all member states to take measures to abolish “certain” customs regarding marriage, to open the way for “complete freedom in the choice of a spouse” and “eliminating completely child marriages and the betrothal of young girls before the age of puberty” (United Nations 1962). The 1965 Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, which was a non-binding recommendation that accompanied the 1962 Convention, specified the minimum age recommendation and declared 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.” Although the 1962 Convention was an important treaty, as it is the first that addresses the issue, it was signed by only 16 countries, most of which expressed reservations (United Nations 1962). The second crucial international treaty concerning child marriage was the 1979 Convention for the Elimination of All Forms of Discrimination against Women (CEDAW). With CEDAW, child marriage started to be defined as a human rights and gender equality problem. CEDAW 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” (United Nations 1979). With CEDAW, for the first time in an international document the minimum age of marriage was recommended to be 18. Moreover, CEDAW urged states to legislate against child marriage by prohibiting it. Although in some contexts the minimum age requirement may mean the same thing as prohibiting child marriage, specifying the prohibition element is important since it is a step toward criminalizing the practice. The children’s rights approach which defines children as entities in need of protection is another perspective from which the international community has considered the problem of child marria...
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