UN Convention on the Rights of Child (UNCRC), 1989
The UN Convention on the Rights of the Child (UNCRC) 1989 serves as a foundational legal instrument for safeguarding children’s rights, including their protection from harmful practices such as child marriage. The convention’s overarching principle of the “best interests of the child” is central to its approach, advocating for the child’s well-being above all else. This principle directly challenges the justification for child marriage, which often prioritizes traditional or societal norms over the child’s fundamental rights. Pakistan ratified UNCRC, 1989 on 12th November, 1990.
Article 1 defines a child as anyone under 18, establishing a clear legal framework for child rights protection. Article 2 mandates non-discrimination, ensuring that all children are protected regardless of their background, including those at risk of child marriage. Article 16 safeguards children from exploitation, including sexual exploitation, which often accompanies child marriage. Article 19(1) and (2) protect children from all forms of violence, abuse, neglect, and maltreatment, encompassing the harmful consequences of child marriage. The convention also recognizes the right to the highest attainable standard of health under Article 24 and protects children from economic exploitation under Article 32, both of which are significantly compromised by child marriage.
Convention on the Elimination of all Forms of Discrimination Against Women, 1979
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 plays a crucial role in combating child marriage, as it explicitly addresses the issue of forced marriage, a practice closely linked to child marriage. The convention’s focus on the elimination of all forms of discrimination against women is vital in addressing the underlying factors that contribute to child marriage. The Convention recognizes that gender inequality, poverty, lack of education, and limited access to economic opportunities can all exacerbate the vulnerability of girls to child marriage. Pakistan ratified the CEDAW, 1979 on 3rd December, 1996.
Article 16 prohibits discrimination against women in all matters related to marriage and family relations. This includes the right to freely choose a spouse, the right to consent to marriage, and the right to determine the number and spacing of children. By acknowledging the harmful effects of forced marriage, which often involves underage girls, the convention establishes a legal framework for addressing child marriage as a form of gender-based discrimination. It underscores the need for states to take proactive measures to eliminate practices that violate women’s fundamental rights and perpetuate gender inequality, including child marriage.
Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 1964
The Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 1964 aims to combat child marriage by establishing a legal framework that prioritizes the rights and well-being of children. The Convention’s significance lies in its clear articulation of fundamental principles that directly challenge the harmful practice of child marriage. Pakistan has not ratified this Convention but is recommended to do so, given its customary practices and legal/institutional frameworks concerning the minimum marriage age.
Article 2 establishes a minimum age for marriage set at 18 years old, which effectively prevents children from being coerced into marriage before they reach legal adulthood. This provision safeguards children from being deprived of their fundamental rights to education, health, and personal development. Article 3 emphasizes the importance of registering all marriages, ensuring that they are conducted legally and transparently. This provision helps to ensure that marriages are conducted in accordance with the law and that the rights of all parties involved are protected.
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1960
The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1960 is significant in the context of child marriage as it addresses practices that infringe upon individual autonomy and perpetuate forms of exploitation akin to slavery. Child marriage can be viewed as a manifestation of such exploitation where children, particularly girls, are subjected to coercive practices that deny them their rights to freedom, education, and personal development. The convention emphasizes the necessity of abolishing practices that resemble slavery, thereby providing a legal framework for combating child marriage as a violation of human rights. This framework underscores the importance of recognizing and addressing the socio-cultural and economic factors that perpetuate child marriage, which often mirrors the dynamics of control and subjugation characteristic of slavery-like institutions. Pakistan ratified the convention on 20th March, 1958.
Article 1 of the Convention specifically calls for the suppression of all forms of slavery and servitude, which includes practices that exploit children for labor, forced marriages, and other forms of coercion. By framing child marriage within the broader context of slavery-like practices under Article 1(d), the Convention reinforces the obligation of states to implement legal and policy measures that protect children from such exploitative practices, ensuring that their rights to freedom, dignity, and a life free from coercion are upheld.
International Covenant on Civil and Political Rights, 1966
The International Covenant on Civil and Political Rights (ICCPR), 1966 establishes and protects fundamental human rights. It guarantees a range of civil and political rights and promotes equality, dignity, and freedom for all individuals, regardless of their nationality, race, gender, or other characteristics. Pakistan ratified the ICCPR, 1966 on 17th April 2008.
Article 23 recognizes the family as the fundamental social unit entitled to protection, affirms the right of marriageable individuals to marry and found a family with free consent, and mandates state parties to ensure spousal equality and child protection upon dissolution. Moreover, in General Comment No. 28, the United Nations Human Rights Committee, which monitors the implementation of the ICCPR, has noted that child marriage violates several human rights principles, including the right to education, the right to health, and the right to be protected from all forms of violence, abuse, and exploitation.
International Covenant on Economic, Social and Cultural Rights, 1966
The International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 recognizes and protects fundamental human rights related to economic, social, and cultural aspects of life. By establishing these rights as legally binding obligations, the ICESCR holds governments accountable for ensuring the well-being and dignity of their citizens. This international instrument advances human rights and helps promote equality, social justice, and the overall development of individuals and communities. Pakistan ratified the ICESCR, 1966 on 17th April 2008.
Article 10(1) focuses on the importance of protecting and supporting the family and ensuring that marriage is entered into with free consent. This directly challenges the practice of child marriage, as it highlights the need for informed consent and the recognition of the individual’s right to choose their own partner. Article 11 acknowledges the right to an adequate standard of living, including food, clothing, and housing, which are often compromised by child marriage. This highlights the harmful impact of child marriage on a child’s well-being, as it often results in poverty, exploitation, and limited access to essential resources.
Acknowledgement: Sidra Haya Ali-Qazalbash, Policy and Legal Advisor at Obun2.