2016年-世界发展银行全球_Compendium_of_International_and_National_Legal_Frameworks_on_Child_Marriage_136页_2mb

Summary of Compendium of International and National Legal Frameworks on Child Marriage

Core Content

This document, Compendium of International and National Legal Frameworks on Child Marriage, is a reference tool developed by the World Bank in collaboration with the Global Forum on Law, Justice and Development. It provides an overview of the international, regional, and national legal frameworks that address the issue of child marriage. The compendium is not exhaustive and may be updated periodically to reflect new developments.

Main Purpose

The compendium aims to support the international community and governments in addressing child marriage by analyzing legal instruments that define and prohibit the practice. It highlights the legal obligations of states to ensure the right to marry with full and free consent, and to establish minimum ages for marriage that protect children from exploitation and early unions.

Key International Legal Instruments

Universal Declaration of Human Rights (1948)

• Article 2: Marriage should be entered into only with the free and full consent of the intending spouses.
• Article 16: All individuals of full age have the right to marry and to found a family, with equal rights during and after marriage.

Supplementary Convention on the Abolition of Slavery (1956)

• Article 1: Prohibits the delivery of children under 18 to others for exploitation or labor, regardless of whether it is for reward or not.

International Covenant on Civil and Political Rights (1966)

• Article 23: Recognizes the right to marry and to found a family, and emphasizes the need for free and full consent.
• General Comment 19: Clarifies that the legal age for marriage should allow for full consent, though it does not set a specific age.

International Convention on Economic, Social and Cultural Rights (1976)

• Article 10: Marriage should be entered into with the free consent of the intending spouses, and the family should be protected.
• General Comment 16: Emphasizes the need for equal legal rights for men and women, and the importance of setting a minimum age for marriage to prevent coercion and early unions.

Convention on the Elimination of All Forms of Discrimination against Women (1979)

• Article 2 (f): States should modify or abolish laws, customs, and practices that discriminate against women.
• Article 16 (1) (b): Prohibits child marriage and requires legislation to ensure that marriage is only entered into with the free and full consent of both parties.
• Article 16 (2): Requires the establishment of a minimum age for marriage and mandatory registration of marriages.

UN Human Rights Council Resolution (2015)

• A resolution adopted on July 7, 2015, by over 85 states, which marks the first substantive resolution on child marriage. It urges states to take legislative and other measures to prevent and eliminate the practice.

Regional Legal Frameworks

• European Convention on Human Rights (1950): Protects the right to marry with full consent.
• American Convention on Human Rights (1969): Similar protections for the right to marry.
• African Charter on Human and Peoples' Rights (1981): Recognizes the right to marry with consent and prohibits practices that violate children's rights.
• Maputo Protocol (2003): Focuses on women's rights, including the right to choose a spouse and to enter into marriage with full consent.
• SADC Protocol on Gender and Development (2008): Encourages regional cooperation to combat child marriage.
• African Charter on the Rights and Welfare of the Child (1990): Prohibits child marriage and supports the rights of children to education and protection.
• Arab Charter on Human Rights (2008): Includes provisions on the rights of children and the protection against early marriage.
• SAARC Convention on Child Welfare (2008): Promotes child welfare and the prevention of child marriage in South Asia.
• SAARC Convention on Trafficking (2008): Addresses the trafficking of women and children for prostitution, which often links to child marriage.

National Legal Frameworks

The compendium includes legal reviews of countries with high prevalence of child marriage, focusing on minimum age laws and their implementation:

Africa

• Angola, Benin, Botswana, Burkina Faso, Chad, Comoros, Djibouti, Eritrea, Ethiopia, Gabon, Ghana, Guinea, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Niger, Nigeria, Sao Tome and Principe, Senegal, Sierra Leone, South Sudan, Sudan, Togo, Uganda, Zambia, Zimbabwe

Asia and Oceania

• Afghanistan, Bangladesh, Cambodia, China, Hong Kong, Macao, Taiwan, India, Maldives, Nepal, Pakistan, Papua New Guinea, Thailand

Latin America

• Bolivia, Brazil, Dominican Republic, El Salvador, Guatemala, Haiti, Panama, Peru

Middle East and North Africa

• Algeria, Bahrain, Egypt, Iraq, Iran, Jordan, Kuwait, Libya, Morocco, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, Yemen

OECD Countries

• Australia, Germany, United States

Key Findings

• Child marriage is defined as a formal or informal union where one or both parties are under 18.
• The UN Convention on the Rights of the Child (UNCRC) and the Convention on Consent to Marriage set the minimum age for marriage at 18.
• The compendium highlights the need for a uniform minimum age for marriage to prevent early unions and ensure the protection of children's rights.
• Legal frameworks across the world emphasize the importance of free and full consent, equal rights for men and women, and the protection of children from exploitation and coercion.
• The document also includes a powerful quote from a 13-year-old girl in Malawi, illustrating the personal desire of children to marry when they are ready, not before.

Limitations and Disclaimers

• The compendium is based on publicly available information up to August 2016.
• It includes over 300 URLs and links to legal documents, but future accessibility is not guaranteed.
• The document is a working reference tool and may be updated.
• The content does not represent the views of The World Bank, and users are advised to verify the accuracy of the information.

Conclusion

The Compendium of International and National Legal Frameworks on Child Marriage serves as a critical resource for legal professionals, development practitioners, and policymakers. It outlines the international and regional legal commitments to end child marriage and provides a detailed analysis of national laws in various regions. The compendium underscores the importance of legal reforms and implementation to protect children's rights and promote gender equality.