The World Health Organization (WHO) recognizes violence against women as a major public health concern and a violation of women's human rights. Among the many forms of violence identified, forced and early marriages are particularly egregious, affecting millions of girls and women globally. These practices are rooted in gender inequality, cultural norms, poverty, and the control of female sexuality.
1. Definition and Context (WHO and UN frameworks)
According to the World Health Organization (WHO) and United Nations Population Fund (UNFPA):
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Early marriage is defined as any formal marriage or informal union where at least one of the parties is under 18 years of age, regardless of consent.
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Forced marriage occurs when one or both parties do not give full, free, and informed consent to the marriage, and/or are subjected to coercion, threats, or abuse.
“Forced and early marriage is a harmful practice that constitutes a violation of human rights and a form of gender-based violence.” (WHO, 2013; UNFPA, 2021)
Both practices intersect, as early marriage is almost always forced due to the limited agency of children, especially girls.
2. Health and Social Consequences
WHO and other global bodies identify several negative outcomes:
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Maternal mortality and morbidity due to early pregnancies.
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Disruption of education, contributing to intergenerational poverty.
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Psychological trauma, including depression and suicidal ideation.
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Increased risk of domestic violence and marital rape.
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Social isolation and restriction of autonomy.
“Child marriage is often followed by early pregnancy, which is a leading cause of death among girls aged 15–19 worldwide.” (WHO, 2018)
3. Country Case Studies
Mauritius
In Mauritius, forced and early marriages are not prevalent on a large scale, but pockets of the population, particularly in rural or traditional communities, may experience it due to religious or cultural pressure. The Civil Status Act sets the legal minimum age of marriage at 18, but minors aged 16–17 may marry with parental and judicial consent (Civil Status Act, Art. 23).
A 2019 report by the Mauritius Human Rights Commission noted that adolescent pregnancy and cohabitation sometimes lead to pressure for marriage, raising concerns about indirect coercion.
United Kingdom
In the UK, forced marriage is criminalized under the Anti-social Behaviour, Crime and Policing Act 2014. The Forced Marriage Unit (FMU) supports victims domestically and abroad. In 2022, the legal age of marriage was raised to 18 in England and Wales, removing the previous exception for 16–17-year-olds with parental consent, to prevent child marriage.
In 2021, the FMU handled 337 cases of forced marriage, with victims often taken abroad, notably to South Asia (FMU Annual Report, 2021).
United States
In the US, there is no federal minimum age of marriage, and laws vary by state. In many states, minors can marry with parental or judicial consent, with no absolute minimum age in some states (e.g., California, Mississippi). This has led to criticism from human rights groups.
A 2017 study by Unchained at Last found that over 200,000 minors were married in the U.S. between 2000 and 2015, mostly girls married to adult men.
The practice is often coerced under familial or religious pressure, especially among certain immigrant communities.
India
India has one of the highest rates of child marriage globally, despite legal prohibitions. The Prohibition of Child Marriage Act (PCMA), 2006 sets the legal age at 18 for women and 21 for men. However, implementation is weak, especially in rural and socioeconomically disadvantaged regions.
According to UNICEF (2023), 27% of women aged 20–24 were married before 18, though this figure has declined from previous decades.
Child marriage in India is often driven by poverty, dowry systems, and protection of family honor, especially in northern states like Rajasthan, Bihar, and Uttar Pradesh.
South Africa
South Africa legally prohibits child marriage under the Marriage Act and Children’s Act, requiring individuals to be 18 to marry without consent. Nonetheless, customary and religious marriages can be registered under separate legal frameworks, sometimes enabling early unions.
A 2020 report by Girls Not Brides South Africa highlights cases of Ukuthwala, a traditional practice involving the abduction and forced marriage of girls, particularly in rural Eastern Cape and KwaZulu-Natal.
Although now considered illegal, enforcement remains limited due to community complicity and patriarchal norms.
Palestine (Occupied Palestinian Territories)
In the Palestinian Territories, child marriage remains common, particularly in Gaza and rural areas of the West Bank. The legal age for marriage was raised to 18 in 2019, but exceptions are still made with judicial consent.
UNFPA and Palestinian Central Bureau of Statistics report that one in five women aged 20–24 were married before 18, with figures higher in refugee camps and among displaced populations.
Conflict, poverty, and displacement exacerbate the practice, often viewed as a protective strategy for girls in unstable environments.
4. International Legal Frameworks
Forced and early marriages are condemned under:
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CEDAW – Convention on the Elimination of All Forms of Discrimination Against Women
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CRC – Convention on the Rights of the Child
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UN Sustainable Development Goals (SDG 5.3): "Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation."
"Marriage shall be entered into only with the free and full consent of the intending spouses." – Universal Declaration of Human Rights, Article 16
5. Conclusion
Forced and early marriages represent a severe violation of human rights and are a persistent form of gender-based violence, despite growing global condemnation. Countries like the UK and Mauritius have made legislative progress, while others like India, South Africa, and Palestine face deep-rooted cultural and socio-economic challenges. Policy reform, community education, and legal enforcement are essential to eradicating these practices. WHO continues to advocate for global accountability to protect girls and ensure they can live free from violence and coercion.
References
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World Health Organization. (2013). Global and regional estimates of violence against women.
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UNFPA. (2021). Child Marriage.
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UNICEF. (2023). Child marriage: Latest statistics and trends.
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UK Forced Marriage Unit. (2021). Annual Statistics Report.
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Unchained at Last. (2017). Child Marriage in the United States.
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Ministry of Gender Equality, Mauritius. (2019). National Gender Policy.
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Government of India. (2006). Prohibition of Child Marriage Act.
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Girls Not Brides South Africa. (2020). Ending Child Marriage in South Africa.
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UN Women Palestine. (2022). Situation analysis of child marriage in Gaza and West Bank.
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Universal Declaration of Human Rights. (1948). Article 16.
