In an effort to safeguard children's rights in society, can stronger laws and stricter regulations effectively prevent child marriages?

Abstract

Child marriage refers to the union of two individuals, one or both of whom are under the age of 18. The minimum age for boys which is 14, and for girls, 12 is inconsistent with the right to equality. Despite the South African Constitution's emphasis on cultural rights, child marriages infringe upon the basic rights of minors. Which includes the right to education, health, equality, privacy, freedom and security. Child marriages often result in forced cohabitation, early pregnancy, and increased risk of rape. The prohibition of child marriages is crucial to safeguarding the well-being and dignity of children. Efforts to abolish child marriages must address cultural sensitivities while prioritising the rights and protection of minors. This paper examines the effectiveness of current laws in safeguarding children's rights and argues for the abolition of child marriages. The Recognition of Customary Marriages Act and the Marriages Act allow for child marriages with parental or ministerial consent, perpetuating this harmful practice. Through analysis of case law, this piece highlights the devastating consequences of child marriages, including sexual assault and deprivation of education. The article recommends strengthening existing laws, setting a suitable minimum age for marriage, and conducting awareness campaigns to educate communities about the harms of child marriages. Ultimately, this paper asserts that the abolition of child marriages is crucial for upholding the principles, spirit and purport of the Bill of Rights contained in the Constitution. By prioritising children's rights and well-being, South Africa can work towards eradicating this harmful practice and ensuring a brighter future for its children.