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John Mukum Mbaku
Many international human rights instruments guarantee a child’s right to be free from early and forced marriage. However, these rights are routinely violated with impunity. The United Nations considers child, early, and forced marriage and unions a violation of the human rights and fundamental freedoms of the child. This practice is particularly pervasive throughout Africa. Although significant progress has been made to eradicate this insidious and harmful practice, in 2023, over 130 million girls in Africa were married before eighteen years of age, which is the minimum age for marriage set by the African Charter on the Rights and Welfare of the Child. The United Nations Children’s Fund set a target date of 2030 to eradicate child, early, and forced marriage and unions, but progress made towards this goal is lacking. Child, early, and forced marriage and unions have wide-ranging, adverse consequences on the enjoyment of human rights, including the rights to education and sexual health. Unfortunately, entrenched adverse customs and traditions continue to force children, especially girls, into early marriage. To help eradicate child marriage, many international human rights instruments instruct States to establish and maintain official birth and marriage registries, which can provide the evidence needed to prosecute those who perform or promote child marriage. To achieve the United Nations Children’s Fund’s goal, each African country must sign, ratify, and domesticate all relevant regional and international human rights instruments. Next, States must ensure that their customary, statutory, and constitutional laws conform to the provisions of international and regional human rights instruments. Finally, States must provide themselves with governing processes undergirded by separation of powers with checks and balances. The checks and balances must be supported by an independent judiciary and a politically active civil society. In 2016, the Southern African Development Community’s Parliamentary Forum designed and adopted a Model Law which States may use to draft and adopt legislation to eradicate child, early, and forced marriage and unions and protect children already in marriage.
