5.3
Part II Restatement of Rights and Concepts Relating to the Child,
Policy Initiatives, Measures and Interventions
Child marriage is a violation and abuse of children’s rights under the
ACRWC, CRC and other international and regional human rights
instruments. State authorities have a duty to enforce human rights in their
countries. It is now a truism that child marriage is endemic in most parts of
SADC Member States and can no longer be regarded as a private matter
confined within the family. It is, therefore, time that suitable legislation is
enacted to stop child marriage and its attendant consequences
This Part is the basis of the law for eradicating child marriage and protecting
children that are already in marriage and, as such, the objectives of the law
will be easier to achieve if it is anchored on the human rights of the child to
which the majority of Member States are already obligated and committed in
accordance with international and regional human rights instruments to
which they are State Parties. The sections in this Part restate the basic rights
and immediately provide for the policies, measures and intervention to be
put in place by the Government so as to ensure the realisation of the rights.
This Part also deals with sexual reproductive rights of a child and the issues
surrounding sexuality and comprehensive sexuality education as part of the
provision on the right to health. Child marriage has life-threatening health
consequences for children, especially girls. Studies indicate a close
association between child marriage and early pregnancy as girls are
pressured to prove fertility. Further, girls may not have access to
contraceptives and other family planning services and thus are unable to
control the timing of their pregnancies. This is despite the fact that
pregnancy complications is the leading cause of death among girls aged 15
years to 19 years, especially in low- and middle-income countries according
to the World Health Organization (WHO).
For boys and girls alike, an early marriage has far-reaching physical,
intellectual, psychological and emotional consequences. For example, it has
serious threats on sexual and reproductive health, maternal and newborn
mortality and morbidity, obstetric fistula and sexually transmitted infections,
including HIV/AIDS.
There is no clear consensus on the age of consent for sexual activity
worldwide. According to UNICEF, most countries have chosen to set the age
of consent at 16 years. In SADC, the age of consent ranges from 14 years to
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