Universal Declaration of Human Rights (UDHR), 1948
The Universal Declaration of Human Rights (UDHR) does not specifically mention child marriage, as it was adopted in 1948 when the issue of child marriage was not widely recognized as a human rights violation. However, the principles outlined in the UDHR 1948 are relevant to the issue of child marriage.
Child marriage violates several human rights principles outlined in the UDHR, including the right to free and full consent to marriage (Article 16), the right to education (Article 26), and the right to protection from exploitation, abuse, and harm (Article 4).
Article 16 of UDHR states that men and women of full age have the right to marry and to found a family which excludes minors. In addition, 16(2) explains that marriage should be contracted with the free and full consent of intending spouses. This, together with the phrase of full age in Paragraph 1, amounts to a ban on child and/or forced marriage because children may not be in a position to give free and full consent.
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 is a treaty adopted by the United Nations General Assembly in 1956. Pakistan has ratified this Convention in 1958. This Convention declares that any marriage which is forced upon a woman or a girl against her will by any member of her family or the guardians of the girl is considered as slavery.
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 is a treaty adopted by the United Nations General Assembly in 1962, which entered into force in 1964. The Convention aims to protect the rights of individuals, particularly women and girls, from forced or child marriage.
The convention sets a minimum age for marriage of 18 years for both parties and requires that marriage be entered into only with the free and full consent of the intending spouses. It also requires that marriages be registered in an official registry, and that such registration be made compulsory in order to prevent forced or child marriage.
In Article 2 of the convention, it is explicitly stated that “no marriage shall be legally entered into without the full and free consent of both parties,” and in Article 3, it specifies that the minimum age for marriage should be 18 years, with exceptions allowed only in certain circumstances.
Moreover, in Article 4 of the convention, States Parties are required to take legislative and other measures to ensure the effective implementation of the convention, including the prevention and prohibition of forced or child marriage.
The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages explicitly prohibits child marriage and requires States Parties to take measures to prevent and eliminate such practices.
Pakistan has not ratified this Convention. Pakistan should ratify this Convention considering customary practices, legal and institutional frameworks on the minimum age of marriage in Pakistan.
International Convention on Civil and Political Rights (CCPR), 1976
The International Covenant on Civil and Political Rights (CCPR) is a treaty adopted by the United Nations General Assembly in 1966, which entered into force in 1976. Pakistan has ratified this Convention in June 2010.
The CCPR is one of the two primary human rights treaties along with the International Covenant on Economic, Social and Cultural Rights (CESCR) that together with the UDHR, form the International Bill of Human Rights.
The CCPR addresses several civil and political rights, including the right to life, liberty, and security of person, the right to freedom of thought, conscience, and religion, the right to freedom of expression, and the right to a fair trial, among others.
Article 23 of the CCPR recognizes the right of men and women to marry and to found a family. However, this right must be exercised with the free and full consent of the intending spouses. Therefore, child marriage, which involves the marriage of a child without their free and full consent, may be considered a violation of this right.
Moreover, in General Comment No. 28, the United Nations Human Rights Committee, which monitors the implementation of the CCPR, 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 (CESCR), 1976
The International Covenant on Economic, Social and Cultural Rights (CESCR) is a treaty adopted by the United Nations General Assembly in 1966, which entered into force in 1976. The CESCR is one of the two primary human rights treaties along with the International Covenant on Civil and Political Rights (CCPR) that together with the UDHR, form the International Bill of Human Rights.
The CESCR recognizes several economic, social, and cultural rights, including the right to education, the right to work, the right to health, and the right to social security, among others.
While the CESCR does not specifically mention child marriage, the principles enshrined in the covenant, particularly the principles of non-discrimination and the best interests of the child, may be relevant to the issue of child marriage.
Article 10(1) of the CESCR emphasizes the importance of protecting and supporting the family and ensuring that marriage is entered into with the free consent of the intending spouses, which is particularly relevant to the issue of child marriage.
Furthermore, Article 11 of the CESCR recognizes the right of everyone to an adequate standard of living, including food, clothing, and housing. Child marriage, which often results in economic dependence and limited opportunities for women and girls, may be considered a violation of this right.
Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), 1979
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is a treaty adopted by the United Nations General Assembly in 1979, which entered into force in 1981. The CEDAW is often described as an international bill of rights for women as it recognizes the rights of women to equality in all aspects of life. Pakistan ratified CEDAW in March 1996.
Article 16 of the CEDAW recognizes the right of women to enter into marriage and to choose their spouse, and requires that marriage should be entered into with the free and full consent of the intending spouses. This article also recognizes the equal rights of men and women during marriage and at its dissolution, and the right to family planning and reproductive health.
The CEDAW does not specifically mention child marriage. However, in General Recommendation No. 21, the Committee on the Elimination of Discrimination against Women, which monitors the implementation of the CEDAW, has stated that child marriage is a form of discrimination against girls and violates their human rights, including their right to education, health, and freedom from violence and exploitation.
The Committee has also recommended that States Parties to the CEDAW take measures to prohibit child marriage and to promote the education and empowerment of girls, including by raising the minimum age of marriage and ensuring that girls have access to quality education, healthcare, and other services.
Convention on the Rights of the Child (CRC), 1989
The Convention on the Rights of the Child (CRC) is a treaty adopted by the United Nations General Assembly in 1989, which entered into force in 1990. The CRC is the most widely ratified international human rights treaty, and it sets out the civil, political, economic, social, and cultural rights of all children. Pakistan ratified the Convention in 1990.
Article 1 of the CRC defines a child as any person under the age of 18, and Article 2 recognizes that all children are entitled to the rights set forth in the convention without discrimination of any kind, including on the basis of gender, race, or other status.
Article 16 of the CRC recognizes the right of every child to be protected from all forms of exploitation, abuse, and violence, including early and forced marriage. Child marriage is a violation of this right, as it can expose girls to physical, sexual, and emotional violence, and deprive them of their freedom and autonomy.
Article 19(1) of the Convention on the Rights of the Child (CRC) recognizes the right of every child to be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parents, legal guardians, or any other person who has the care of the child. Article 19(2) of the CRC recognizes the duty of States Parties to take all appropriate legislative, administrative, social, and educational measures to protect children from all forms of violence, including by taking into account the best interests of the child.
Article 24 of the CRC recognizes the right of every child to the highest attainable standard of health, including access to health care services and information, and the promotion of healthy behaviors. Child marriage can have serious negative health consequences for girls, including increased risk of maternal mortality, early pregnancy and childbirth, sexually transmitted infections, and mental health issues.
Article 32 of the CRC recognizes the right of children to be protected from economic exploitation and harmful work, including engagement in any work that is likely to be hazardous or to interfere with their education, or that is harmful to their health or development. Child marriage is a harmful practice that deprives girls of their education and can expose them to economic exploitation.