It is a central element of transparency to have clear and verifiable rules
concerning enforcement and compliance in any law. Every party affected by
regulatory decisions ought to have the opportunity to know what procedures
will be followed in all matters. Therefore, compliance and enforcement
provisions are key components to the efficacy of the implementation of the
law and may assist in determining the impact of the new legislation.
The Bill should ensure adequate punishment is legislated for in relation to
child marriage. It is important that offence provisions are comprehensive and
identify all possible offences which can be committed in relation to child
marriage.
Once the offences are detailed, sanctions need to be available to punish the
commission of offences. The punishment for serious offences can include
imprisonment, as well as substantial fines. Notably, penalties should act as a
serious disincentive to bad behaviour. The threat of hefty fines and
imprisonment can be an important deterrent and ensure compliance. It is
important o analyse the Statute Book to ensure that penal provisions are not
conflicting. The Bill should as much as possible cross-reference to laws on
domestic violence, trafficking, drugs and general penal codes.
This Part also provides for the establishment of an anti-child marriage fund
for the purposes provided for in the Model law or generally for budget
funding for purposes of eradicating child marriage.
The sections in this Part have been drafted in a manner that will enable the
legislative drafter to cut and past the provisions in the Bill with minimum
change.
Page 16 of 78
Select target paragraph3
Add to table of contents