INTERNATIONAL FRAMEWORK IN PREVENTION OF CHILD MARRIAGE

Child marriage persists as a pervasive global issue, disproportionately affecting girls and
infringing upon their fundamental rights. According to UNICEF, over 650 million women
alive today were married before the age of 18, with approximately 12 million girls married
each year.1 The practice is most prevalent in regions such as South Asia and Sub-Saharan
Africa but is not confined to these areas; instances have been documented worldwide,
including in developed countries. Child marriage often results in early pregnancies, which
pose significant health risks, including increased maternal and infant mortality rates.
Additionally, it curtails educational opportunities, perpetuates cycles of poverty, and exposes
girls to domestic violence and social isolation.

Recognising the detrimental impacts of child marriage, the international community has
established several legal frameworks aimed at its eradication. The Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW), adopted in 1979, 2
explicitly prohibits child marriage in Article 16(2), mandating states to set a minimum age for
marriage and ensure the registration of marriages. Similarly, the Convention on the Rights of
the Child (CRC), adopted in 1989, defines a child as any person under the age of 18 and
urges the abolition of traditional practices harmful to children's health. 3 Other instruments,
such as the Universal Declaration of Human Rights (UDHR) and the International Covenant
on Civil and Political Rights (ICCPR), emphasize the necessity of free and full consent in
marriage.4 Regionally, the African Charter on the Rights and Welfare of the Child (ACRWC)
and the Maputo Protocol set 18 as the minimum age for marriage and mandate compulsory
registration.5 Furthermore, Sustainable Development Goal (SDG) 5.3 aims to eliminate all
harmful practices, including child marriage, by 2030.6

Despite these frameworks, child marriage remains prevalent, indicating a gap between
international legal standards and their implementation at the national level. This area of the

1
UNICEF. “Child Marriage,” UNICEF, [Link]
2
Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S.
13 [hereinafter ‘CEDAW’].
3
Convention on the Rights of the Child, Nov. 20, 1989, 1577 U.N.T.S. 3 [hereinafter ‘CRC’].
4
Universal Declaration of Human Rights, G.A. Res. 217 A (III), U.N. Doc. A/810, at 71 (Dec. 10, 1948)
[hereinafter ‘UDHR’]; International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171
[hereinafter ‘ICCPR’].
5
African Charter on the Rights and Welfare of the Child, July 11, 1990, OAU Doc. CAB/LEG/24.9/49
[hereinafter ‘ACRWC’]; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women
in Africa, July 11, 2003, OAU Doc. CAB/LEG/66.6 [hereinafter ‘Maputo Protocol’].
6
United Nations, Sustainable Development Goals, U.N. Doc. A/RES/70/1 (Sept. 25, 2015),
[Link] [hereinafter ‘SDG’].
project aims to examine these international frameworks and assess their effectiveness, with a
particular focus on India's legal and cultural context, to identify challenges and propose
actionable solutions.

UN CONVENTIONS AND INTERNATIONAL INSTRUMENTS

The international community has responded to the persistent issue of child marriage through
a series of binding treaties and non-binding instruments developed under the auspices of the
United Nations. These conventions seek to safeguard the rights of women and children,
promote gender equality, and eliminate harmful cultural practices. Together, they establish a
normative framework obligating states to prevent child marriage, ensure full and free consent
in marriage, and protect children’s rights to health, education, and dignity. While differing in
scope and enforceability, these instruments collectively reinforce the idea that child marriage
constitutes a violation of international human rights law.

1. Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW)

CEDAW, adopted in 1979, is a pivotal international treaty advocating for women's rights.
Article 16(2) specifically addresses child marriage, stating that “the betrothal and the
marriage of a child shall have no legal effect,” and mandates the establishment of a minimum
age for marriage and the registration of marriages. 7 This provision underscores the necessity
of free and full consent in marriage, which cannot be genuinely given by children. By
requiring legal frameworks to set minimum marriage ages and ensure official registration,
CEDAW aims to eliminate practices that disproportionately affect young girls and infringe
upon their rights.

The CEDAW Committee has issued General Recommendations to guide states in

implementing the Convention effectively. General Recommendation No. 21 emphasizes that
child marriage is a form of discrimination against women and girls, violating their rights to
health, education, and development.8 It calls on states to enact and enforce laws specifying a
minimum age for marriage at 18 years and to take measures to eliminate cultural practices
that perpetuate child marriage. These recommendations serve as interpretative tools, assisting

7
CEDAW, art. 16 cl. 2.
8
Comm. on the Elimination of Discrimination Against Women, General Recommendation No. 21: Equality in
Marriage and Family Relations, U.N. Doc. A/49/38 (1994).
states in understanding their obligations and in formulating policies that align with the
Convention's objectives.

State Obligations
Under CEDAW, states are obligated to eliminate discrimination against women in all forms,
including in marriage and family relations. This entails enacting legislation that sets the
minimum age for marriage at 18, ensuring that marriages are entered into with free and full
consent, and establishing mechanisms for the registration of marriages. States must also take
proactive measures to change societal attitudes and cultural practices that perpetuate child
marriage. By fulfilling these obligations, states contribute to the broader goal of achieving
gender equality and protecting the rights of women and girls.9

2. Convention on the Rights of the Child (CRC)

The CRC, adopted in 1989, is a comprehensive treaty that outlines the civil, political,
economic, social, and cultural rights of children. While it does not explicitly mention child
marriage, several articles are pertinent:

 Article 1: Defines a child as any human being under the age of 18.10

 Article 19: Obliges states to protect children from all forms of physical or mental
violence, injury, abuse, neglect, or exploitation.11

 Article 24: Recognizes the right of the child to the highest attainable standard of
health, including access to family planning education and services.12

 Article 28: Emphasizes the right of the child to education, which is often curtailed by
early marriage.13

 Article 34: Calls on states to protect children from all forms of sexual exploitation
and abuse.14

These provisions collectively provide a framework for protecting children from the adverse
effects of child marriage.

9
Marsha A. Freeman et al., The UN Convention on the Elimination of All Forms of Discrimination Against
Women: A Commentary 38 (Oxford Univ. Press 2012).
10
CRC, art. 1.
11
CRC, art. 19.
12
CRC, art. 24.
13
CRC, art. 28.
14
CRC, art. 34.
The Committee on the Rights of the Child, responsible for monitoring the implementation of
the CRC, has consistently addressed child marriage in its concluding observations. It urges
states to raise the minimum age for marriage to 18, eliminate exceptions that allow for earlier
marriage with parental consent, and implement comprehensive strategies to prevent child
marriage. The Committee also emphasizes the importance of education, community
engagement, and the empowerment of girls as critical components in combating child
marriage. These recommendations serve as guidance for states to align their national laws and
practices with the CRC's principles.15

Optional Protocols
The CRC is supplemented by three Optional Protocols, with the Optional Protocol on the
Sale of Children, Child Prostitution, and Child Pornography being particularly relevant. 16
This Protocol requires states to prohibit and criminalise the sale of children for sexual
exploitation, which can encompass certain forms of child marriage, especially where children
are sold into marriage. By ratifying this Protocol, states commit to taking measures to prevent
such practices, protect victims, and prosecute offenders. This enhances the CRC's framework
in addressing the multifaceted issues surrounding child marriage.17

3. Other International Instruments

Several other international instruments contribute to the legal framework against child
marriage:

 Universal Declaration of Human Rights (UDHR): Adopted in 1948, it states that

“marriage shall be entered into only with the free and full consent of the intending
spouses.” This principle underscores the necessity of consent in marriage, which
cannot be genuinely given by children, thereby implicitly opposing child marriage.18

 International Covenant on Civil and Political Rights (ICCPR): Article 23(3) of the
ICCPR reiterates that “no marriage shall be entered into without the free and full
consent of the intending spouses.”19 This provision reinforces the UDHR's stance and
obligates states to ensure that marriages are consensual, thereby opposing practices
like child marriage that involve coercion or lack of informed consent.
15
Supra note 9.
16
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and
Child Pornography, May 25, 2000, 2171 U.N.T.S. 227.
17
ibid.
18
UDHR.
19
ICCPR art. 23, cl. 3.
  International Covenant on Economic, Social and Cultural Rights (ICESCR):
While the ICESCR does not directly address marriage, it emphasizes the right to
education (Article 13) and the highest attainable standard of health (Article 12). Child
marriage often disrupts education and poses health risks, especially related to early
pregnancies.20 Therefore, by committing to the ICESCR, states are obligated to take
measures that indirectly combat child marriage by promoting education and health.

Collectively, these instruments establish a comprehensive international legal framework that,

while not always explicitly mentioning child marriage, sets standards that are incompatible
with the practice. They emphasize the importance of consent, education, and health, all of
which are compromised by child marriage. States that are parties to these instruments are thus
obligated to enact and enforce laws that prevent child marriage and protect the rights of
children.

SUSTAINABLE DEVELOPMENT GOALS FRAMEWORK

1. SDG 5 and Target 5.3

Sustainable Development Goal 5 aims to “achieve gender equality and empower all women
and girls.”21 Within this goal, Target 5.3 specifically seeks to “eliminate all harmful practices,
such as child, early and forced marriage and female genital mutilation.” This target
underscores the global commitment to ending practices that violate the rights of women and
girls and hinder their development.22 Child marriage, in particular, is recognized as a
significant barrier to achieving gender equality, as it often results in early school dropout,
health complications from early pregnancies, and limited economic opportunities for girls.
Target 5.3 contributes to the broader objectives of SDG 5 and the overall 2030 Agenda for
Sustainable Development by recognising child marriage.

Indicators and Measurement

Progress towards Target 5.3 is measured using two indicators:23
20
International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993 U.N.T.S. 3, arts. 12–13.
21
U.N. Sustainable Development Goal 5, Achieve Gender Equality and Empower All Women and Girls, U.N.
Doc. A/RES/70/1, ¶ 5 (Sept. 25, 2015), [Link]
22
U.N. Sustainable Development Goal 5.3, Eliminate all harmful practices, such as child, early and forced
marriage and female genital mutilation, U.N. Doc. A/RES/70/1, ¶ 5.3 (Sept. 25, 2015),
[Link]
23
U.N. Sustainable Development Goal Indicators 5.3.1 & 5.3.2, Proportion of women aged 20–24 years who
were married or in a union before age 15 and before age 18 & Proportion of girls and women aged 15–49 years
who have undergone female genital mutilation/cutting, by age, U.N. Stat. Div.,
  Indicator 5.3.1: Proportion of women aged 20–24 years who were married or in a
union before age 15 and before age 18.

 Indicator 5.3.2: Proportion of girls and women aged 15–49 years who have
undergone female genital mutilation/cutting, by age.

These indicators provide quantifiable data to assess the prevalence of child marriage and
female genital mutilation globally. They enable policymakers and stakeholders to monitor
trends, identify high-risk regions, and allocate resources effectively to combat these harmful
practices.

Target 5.3 is intrinsically linked to several other SDGs. For instance, eliminating child
marriage contributes to SDG 3 (Good Health and Well-being) by reducing health risks
associated with early pregnancies, and SDG 4 (Quality Education) by allowing girls to
continue their education. It also supports SDG 1 (No Poverty) by enhancing economic
opportunities for women.

Global Monitoring Mechanisms

The United Nations employs various mechanisms to monitor progress towards eliminating
child marriage. UNICEF and UNFPA jointly lead the Global Programme to End Child
Marriage, which operates in high-prevalence countries to implement evidence-based
strategies. Additionally, the UN's SDG Indicator Framework provides standardized metrics
for tracking progress on Target 5.3. Data collected through national surveys and censuses are
compiled in the UN's global SDG database, facilitating comparative analysis and informing
policy decisions. 24

Despite these efforts, several challenges hinder the effective implementation of Target 5.3.
Cultural norms and traditions often perpetuate child marriage, making it resistant to change.
In many regions, legal frameworks are either inadequate or poorly enforced, allowing child
marriage to persist. Data collection is another significant challenge; in some areas, a lack of
reliable data impedes the ability to monitor progress accurately. Furthermore, resource
constraints and limited political will can hamper the execution of programs aimed at ending
child marriage. Addressing these challenges requires a multifaceted approach involving legal
reform, community engagement, and sustained investment. 25

[Link] (last visited Apr. 17, 2025).

24
World Bank Group, Gender Strategy 2024–2030: Accelerate Gender Equality to End Poverty on a Livable
Planet (2023), [Link]
COMPARATIVE ANALYSIS OF LAWS

1. Nordic and Other Developed Nations

Nordic countries, including Sweden, Norway, and Finland, have established comprehensive
legal frameworks to prevent child marriage. These nations set the minimum legal age for
marriage at 18, with no exceptions permitted.26 Their legislation emphasizes the importance
of informed consent and individual autonomy, ensuring that marriages are entered into
voluntarily and without coercion. Strict enforcement mechanisms are in place, and any
attempts to circumvent the law, such as through religious or cultural ceremonies, are subject
to legal penalties. These countries also provide robust support systems for young individuals,
including access to education, healthcare, and social services, which collectively contribute to
the near elimination of child marriage within their jurisdictions.27

2. Regional Patterns and Approaches

African Union Initiatives

The African Union (AU) has prioritized the elimination of child marriage through its
Campaign to End Child Marriage in Africa, launched in 2014. This initiative encourages
member states to develop and implement national strategies, legal reforms, and programs
aimed at ending child marriage. Countries like Mozambique and Sierra Leone have
responded by enacting laws that criminalize child marriage and protect the rights of girls. In
2019, Mozambique passed legislation to criminalize child marriage, a move that was
influenced by advocacy efforts and recognized by international organizations. These regional
efforts demonstrate a collective commitment to addressing the issue across the continent.

SAARC Frameworks

The South Asian Association for Regional Cooperation (SAARC) has acknowledged the
challenge of child marriage in the region and has taken steps to address it. Member countries,
including India, Bangladesh, and Nepal, have enacted laws setting the minimum age for
25
ibid; Emma Graham-Harrison, “‘Nobody Is Coming to Help Us’: Afghan Teenage Girls on Life Without
School,” The Guardian (June 14, 2024), [Link]
nobody-is-coming-to-help-us-afghan-teenage-girls-on-life-without-school.
26
K. Melby et al., The Nordic Model of Marriage, 15 Women’s Hist. Rev. 651 (2006).
27
ibid.
marriage at 18. India's Prohibition of Child Marriage Act, 2006, prohibits child marriages and
provides for the annulment of such marriages and punishment for those involved. SAARC
has also facilitated regional dialogues and collaborations aimed at sharing best practices and
harmonizing legal frameworks to combat child marriage effectively.

European Union Position

The European Union (EU) maintains a strong stance against child marriage, considering it a
violation of human rights. EU member states are required to set the minimum legal age for
marriage at 18, and the EU actively promotes this standard in its external relations and
development assistance programs. The EU supports initiatives that aim to eliminate child
marriage globally, including funding programs that focus on education, empowerment of
girls, and legal reforms in partner countries. Through its comprehensive approach, the EU
seeks to address the root causes of child marriage and support sustainable change.28

3. Case Studies of Successful Legal Interventions

In Sierra Leone, the government took a significant step in 2024 by enacting the Prohibition of
Child Marriage Act, which criminalizes child marriage and imposes strict penalties on
offenders. This legislation was part of a broader effort to protect girls' rights and reduce
maternal mortality rates associated with early pregnancies. The law not only penalizes those
who marry underage girls but also holds accountable parents and others who facilitate such
marriages.

In Malawi, Chief Theresa Kachindamoto has been a driving force in the fight against child
marriage. Her leadership has led to the annulment of thousands of child marriages and the
implementation of community bylaws that prohibit the practice. By working closely with
local leaders, educators, and families, she has fostered a cultural shift that prioritizes
education and the well-being of girls.29

Colombia's recent legislative reform, which bans marriage under the age of 18 without
exceptions, represents a significant victory for child rights advocates. The law, passed after

28
ibid.
29
A.J. Melnikas et al., Perceptions of Minimum Age at Marriage Laws and Their Enforcement: Qualitative
Evidence from Malawi, 21 BMC Pub. Health 1 (2021).
years of campaigning, addresses the issue of informal unions and aims to protect children
from exploitation and abuse. 30

These case studies illustrate the impact of legal interventions when combined with
community engagement and education. They demonstrate that comprehensive strategies,
which include legal reforms, enforcement mechanisms, and societal change, are effective in
combating child marriage.

Legislative reforms play a crucial role in the fight against child marriage. However, the
success of these laws depends on effective implementation, public awareness, and
community support. When legal measures are combined with education initiatives and
cultural change, they can lead to significant reductions in child marriage rates. Ongoing
efforts are needed to ensure that laws are enforced, resources are allocated, and communities
are engaged in the process of ending child marriage.

30
K. Bakshi, Marriage, Courts, and Substantive Equality: A Transformative Interpretation, 123 Mich. L. Rev.
519 (2024).
GAPS IN INTERNATIONAL FRAMEWORK

1. Enforcement Challenges

Despite the existence of international conventions like CEDAW and the CRC, enforcement
remains a significant challenge. Many countries lack the necessary infrastructure, resources,
and political will to implement these conventions effectively. For instance, while laws may
exist on paper, enforcement agencies often face hurdles such as limited funding, inadequate
training, and societal resistance, leading to continued prevalence of child marriage. Moreover,
the absence of binding enforcement mechanisms within these international instruments means
that states may not face immediate consequences for non-compliance, thereby undermining
the effectiveness of these frameworks.31

2. Cultural/Religious Practice Conflict

Cultural and religious practices often conflict with international norms, posing challenges to
the eradication of child marriage. In many societies, child marriage is deeply rooted in
tradition and is perceived as a means to protect family honor or ensure economic security.
These cultural norms can supersede legal provisions, especially in regions where customary
or religious laws hold significant sway. For example, in certain communities, religious
doctrines may permit or even encourage early marriage, making it difficult to enforce
international standards without appearing to infringe upon religious freedoms.32

3. Reservations by States

Several countries have ratified international conventions with reservations, limiting their
applicability. For instance, some states have entered reservations to specific articles of
CEDAW and the CRC, citing incompatibility with domestic laws or religious principles.
These reservations can dilute the impact of international instruments, allowing states to
bypass certain obligations and perpetuate practices like child marriage under the guise of
cultural or religious exceptions.33

31
R. Gaffney-Rhys, International Law and Child Marriage, in International Human Rights of Women 287 (N.
Reilly ed., Springer 2019), [Link]
32
ibid.
33
Ibid.
4. Sovereignty Issues

The principle of state sovereignty often hampers the universal application of international
conventions. Countries may resist external interventions, viewing them as infringements on
their autonomy. This resistance can manifest in the reluctance to amend domestic laws or
implement international recommendations, especially when such changes are perceived to
conflict with national interests or cultural values. Consequently, the effectiveness of
international frameworks is contingent upon the willingness of individual states to align their
domestic policies with global standards.34

INTEGRATION WITH INDIAN LEGAL SYSTEM

India is a signatory to several international conventions aimed at eliminating child marriage,

including the Convention on the Rights of the Child (CRC) and the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW). By ratifying these
treaties, India has committed to upholding the rights of children and women, ensuring their
protection from harmful practices like child marriage. These obligations necessitate the
implementation of comprehensive legal frameworks and policies that align with international
standards, promoting the welfare and rights of children across the country.

India has enacted laws such as the Prohibition of Child Marriage Act (PCMA) 2006 to
combat child marriage. However, inconsistencies between secular laws and personal laws
governing different religious communities pose challenges to uniform enforcement. For
instance, while the PCMA sets the minimum marriage age at 18 for women, certain personal
laws may allow exceptions. This legal pluralism can lead to ambiguities and hinder the
effective implementation of child marriage prohibitions. Harmonizing these laws to establish
a consistent legal standard is crucial for upholding India's international commitments and
protecting children's rights.35

To effectively integrate international standards, India should undertake legal reforms to

harmonize personal and secular laws, ensuring a uniform minimum marriage age.
Additionally, strengthening enforcement mechanisms, enhancing community awareness, and

34
ibid.
35
Geetha Sunil Pillai, Supreme Court’s Historic Verdict: Child Marriage Violates Children’s Rights; Sets
Guidelines for Law Implementation, The Mooknayak (Oct. 19, 2024),
[Link]
sets-guidelines-for-law-implementation.
investing in education and empowerment programs for girls are essential steps toward
eradicating child marriage and fulfilling international obligations.