Căsătoria copilului. “Sweet 16”. O privire comparativă
Child’s marriage. “Sweet 16”. A comparative view
Author(s): Carmen Oana MihăilăSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: child marriage; traditional practice; UNICEF; minimum age for marriage;
Summary/Abstract: Child marriage is a problem that crosses the globe, religions, cultures or ethnicities. The child-husband, especially the child-wife are found from Europe to Latin America, from the Middle East to South Asia. The marriage of girls before the age of 18 is a reality that cannot be denied. Most of the time, it is the parents who encourage these marriages, in the hope of financial and social benefits. They seek to reduce the financial burden facing the family. There is also a misconception that marriage gives women greater protection. Gender inequality, poverty, level of education, family beliefs, natural disasters, the situation of refugees are some of the factors that lead to the perpetuation of this phenomenon. This form of exploitation of girls brings with it complex psychological, physiological and socio-economic problems. The cruel reality is that for these girls, marriage is not a chance but a violation of their rights, a means of compromising their development and education. Marriage to a child should be seen as a form of sexual violence. The Universal Declaration of Human Rights provides in art. 16 the free and full consent of the future spouses at the conclusion of the marriage. How can a 12-year old girl’s consent be free and full when she is not mature enough to make such decisions? The minimum age for marriage is imposed for several psychological, moral and biological reasons. Unfortunately, in many countries such as Niger, Ethiopia, Sudan, Iraq, Brazil and many others, it remains a traditional practice that governments are trying to stop.
Journal: Revista de dreptul familiei
- Issue Year: 2020
- Issue No: 1
- Page Range: 251-272
- Page Count: 22
- Language: Romanian
- Content File-PDF