Africa: To End Child Marriage in Southern & East Africa, Governments Need to Strengthen Laws & Implementation

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Opinion - Almost one third (32%) of women aged 20 to 24 in Eastern and Southern Africa - around 50 million - were married before 18 years old. To address this pervasive problem, the Southern African Development Community (SADC) Parliamentary Forum has adopted the SADC Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage, a legal framework providing a comprehensive, integrated approach to ending child marriage and protecting children already married.

of women aged 20 to 24 in Eastern and Southern Africa - around 50 million - were married before 18 years old. To address this pervasive problem, the Southern African Development Community Parliamentary Forum has adopted theNew research reveals that while some SADC countries have taken commendable action to strengthen legal protections in this area, other Member States have made little or no progress.

Early marriages increase the likelihood of early pregnancies, posing significant health risks to girls whose bodies aren't mature. This can result in complications during pregnancy and childbirth and is associated with higher maternal and infant mortality. To address the complex root causes contributing to child marriage, the Law promotes a comprehensive, multi-sectoral approach based on coordination and collaboration between legal, education, healthcare, and social services sectors.It is important to recognize that some progress in reducing child marriage has been achieved in Eastern and Southern Africa. However,as the prevalence rate has only reduced from 39% to 32% over the past 25 years, while other regions have made much faster progress.

Statutory law in the remaining five countries - Eswatini, Lesotho, South Africa, Tanzania and Zambia - provides for a minimum age ranging between 15 and 18. These are different for boys and girls, with the boys invariably having a higher age limit. Despite the ruling being upheld by the Court of Appeal in 2019, Tanzania's government has thus far failed to amend the law accordingly.In Zimbabwe, the Constitutional Court ruled in 2016 that child marriage is inconsistent with the Constitution. A new Marriage Act enacted in 2022 prohibits marriage for those under 18 in all cases, including for customary marriages, and allows up to five years imprisonment for offenders.Kirya Martins & Aboneka Michael v.

 

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