Can stronger laws and regulations safeguard children’s rights by preventing 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 marriage infringes on the basic rights of minors, which include 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 article examines the effectiveness of current laws in safeguarding children’s rights and argues for the abolition of child marriage. The Recognition of Customary Marriages Act and the Marriages Act allow for child marriages with parental or ministerial consent, perpetuating this harmfulpractice. Through analysis of case law, the article highlights the devastating consequences ofchild marriage, 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 harmfulness of child marriage. Ultimately, this article 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.