Page 14 Ending Sex Discrimination in the Law EQUALITY NOW – BEIJING+25 CHILD, EARLY & FORCED MARRIAGE WHAT’S THE ISSUE? Almost a quarter of the world, 24% of countries allow girls to be legally married off at a younger age than boys with parental consent (WORLD Policy Analysis Center.23 Jan 2019). Forced marriage occurs when a spouse does not give free and full consent and is sometimes even sanctioned by laws allowing male guardians “consenting” for the woman or girl. Beijing Platform for Action recommendations Strategic objective L.1. Eliminate all forms of discrimination against the girl child Actions to be taken By Governments: •• 274(e) - Enact and strictly enforce laws to ensure that marriage is only entered into with the free and full consent of the intending spouses; in addition, enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage and raise the minimum age for marriage where necessary; By Governments and international and non-governmental organizations: •• 275(b) - Generate social support for the enforcement of laws on the minimum legal age for marriage, in particular by providing educational opportunities for girls. What’s the impact? Child marriage still affects nearly 12 million girls each year, with lifelong consequences. Being forced into marriage is being forced into sex and subjected to rape, forced pregnancy, and forced motherhood, often with long term physical consequences for their young under-developed bodies; consequences include reproductive health complications such as fistula that might lead to her being deemed unfit to be a wife and discarded and abused. The mental anguish and effort to protect herself from rape, alongside the perception of her as property, too often lead to further physical and mental domestic violence. What needs to change To help achieve an end to child marriage, States must implement the BPfA, particularly paragraphs 274(e) and 275(b) which call on States to “enact and strictly enforce laws concerning ... the minimum age for marriage and raise the minimum age for marriage where necessary” and “generate social support for their enforcement”. Laws prohibiting marriage under the age of 18, without exception, for both girls and boys are needed. Such a law is not focused on criminalization and prosecution but rather on making explicit the States’, and societies’, understanding that young people need time to understand their independent circumstances before entering into a lifelong contract that will affect many aspects of their life. It protects young people from being forced into marriage, and for girls, from being married off to older men as a transfer of property, to settle scores, save the family “honor”, or establish inter-family ties. In November 2019, Palestine raised the minimum age of marriage, from 16 for boys and 15 for girls to 18 for both boys and girls. While this is great progress, the law still allows for exceptions to be authorized by a court. In practice, this means girls may still be married off at a young age - women’s rights organizations in Palestine will continue to work to change this. As a member of Girls Not Brides,24 Equality Now called on governments to raise the minimum age of marriage to 18 without exceptions.25 There should be no exception for religion, custom, tradition, parental or judicial consent, pregnancy or for any other reason. In 2018, a UN resolution urged States for the first time to adopt minimum age of marriage laws of 18 and to ensure “coherence of these laws and policies at the local level”.26