Child marriage—defined as any formal or informal union where at least one party is under the age of 18—is widely recognized under international human rights law as a harmful practice and a violation of children’s rights.
Key International Legal Instruments
- Convention on the Rights of the Child (CRC, 1989)
The most widely ratified human rights treaty.
Article 1 defines a child as any person under 18.
Article 19 requires protection from harmful practices.
Article 24(3) calls for the abolition of traditional practices prejudicial to the health of children (which includes child marriage).
CRC General Comment No. 4 (2003) and No. 20 (2016) specifically identify child marriage as a harmful practice. - Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979)
Article 16(2): States that child marriages have no legal effect, and calls on states to set a minimum age for marriage.
The CEDAW Committee, in joint general recommendation with the CRC Committee (No. 18/31, 2014), explicitly calls for the elimination of child and forced marriages. - Universal Declaration of Human Rights (UDHR, 1948)
Article 16(2): Marriage shall be entered into only with the free and full consent of the intending spouses. Children cannot provide full consent, making child marriage incompatible with this principle. - International Covenant on Civil and Political Rights (ICCPR, 1966)
Article 23(3): Marriage must be entered into with free and full consent, reinforcing the position that minors cannot consent meaningfully.
Regional Instruments
- African Charter on the Rights and Welfare of the Child (1990):
- Article 21: Urges states to eliminate harmful practices including child marriage.
- Article 27: Sets 18 years as the minimum age for marriage.
- Maputo Protocol (Africa, 2003):
- Article 6(b): No marriage shall take place without the free and full consent of both parties, and both must be at least 18 years old.
- IACHR Standards (Inter-American human rights system): Also condemn child marriage as a violation of girls’ rights.
Why Child Marriage Violates Human Rights
Child marriage violates the right to education, health, and freedom from violence.
Increases risks of early pregnancy, maternal mortality, and domestic abuse.
Often results in the subjugation of girls and women, perpetuating gender inequality.
State Obligations
Under international human rights law, states are required to:
Prohibit child marriage by law (with 18 as the minimum age).
Implement measures to prevent child marriage (e.g. education, awareness, economic support).
Provide support services for children affected.
Address root causes like poverty, gender inequality, and lack of education.
International human rights law clearly prohibits child marriage, recognizing it as a harmful practice that violates multiple rights of the child—especially girls. Countries are legally and morally obligated to prevent, prohibit, and eliminate child marriage in all its forms.
Islamic Countries
Several Islamic countries have laws or practices that permit marriage to girls as young as 9, often influenced by interpretations of Islamic tradition, such as the marriage of Aisha to the Prophet Muhammad, which some historical accounts say occurred when she was 9. However, legal frameworks and enforcement vary widely, and in some cases, religious or customary practices override statutory laws. Based on available information up to March 22, 2025, here are examples of Islamic countries where this is explicitly or effectively allowed:
Iraq: In 2024, Iraq passed an amendment to its Personal Status Law, effective January 2025, allowing religious authorities to govern family matters. This law permits girls as young as 9 to marry under certain religious interpretations, reversing a previous minimum age of 18 (with exceptions at 15 with judicial consent). Critics, including human rights groups, argue this legalizes child marriage, with 28% of girls already married before 18 according to UNICEF data prior to the change.
Iran: The legal minimum age for marriage is 13 for girls, but Article 1041 of the Iranian Civil Code allows marriage below this age with parental consent and court approval, effectively permitting marriages as young as 9 in some cases. This loophole aligns with conservative interpretations of Islamic law, and enforcement of age restrictions is inconsistent.
Yemen: Yemen has no statutory minimum age for marriage. Customary practices, often rooted in tribal traditions and interpretations of Sharia, allow girls as young as 9 to be married. Efforts to set a minimum age (e.g., 17 proposed in 2009) have failed due to opposition citing religious precedent. UNICEF reports high rates of child marriage, with many occurring before puberty.
Saudi Arabia: There is no legal minimum age for marriage. Religious authorities can approve marriages of girls as young as 9, though a draft law discussed in recent years aims to set the minimum between 16 and 18, pending enactment. Historically, cases like a 9-year-old girl seeking divorce in 2008 highlight the practice’s persistence under religious sanction.
Other countries, like Afghanistan (legal age 16 for girls, 15 with consent, but rural practices often ignore this) and Pakistan (legal age 16 for girls, but poorly enforced in tribal areas), see child marriages below statutory limits due to cultural and religious norms, though not explicitly 9 in law. In contrast, countries like Tunisia (minimum age 20 for females) and Algeria (19) have stricter, higher age requirements.
These allowances often stem from debates within Islamic jurisprudence, where puberty—sometimes interpreted as young as 9—marks marriage eligibility, rather than a fixed age. However, progressive scholars and international pressure push for higher minimums, citing health and rights concerns. Data remains patchy, and enforcement varies, making exact prevalence hard to pin down.
