The eradication of child marriages, using a human rights based approach, is
of absolute importance if SADC PF is to achieve their legislative intent. In
June, 2014, at its 35th Plenary Assembly, SADC PF unanimously approved a
review on the status of child marriage in SADC. This decision was followed,
in February 2015, by a SADC Regional Parliamentary Dialogue on Child
Marriage law organised by the SADC PF with the Association of European
Parliamentarians with Africa (AWEPA) and Plan Netherlands. This forum
discussed the benefits of a Model Legislation on child marriage and the
possible contents of such a law.
The creation of a robust and uniform legal framework relating to child
marriage is a key path to addressing child marriage in SADC Member States.
A uniform legal framework/model law on child marriage will encourage
Governments to be accountable in the execution of policies, enactment of
laws and coming up with strategic plans aimed at addressing child marriage.
There are a number of challenges that may be a hindrance to the eradication
of child marriage, some of which are as follows:
lack of effective and well streamlined birth registration systems making
age determination difficult for purposes of enforcing a law on child
marriage;
sometimes there are no provisions in the law penalising those who
contravene the minimum age of marriage requirement and thus the
seemingly conflict with the criminal law on sex with a minor (it’s ok as
long as you are married?);
slow reform in laws on marriage which may frustrate interventions on
eradicating child marriage and preventing child marriage;
existence of some cultural, religious and traditional practices that
infringe on the rights of children and create power relations between
women and men that favour the latter in the domestic, community and
public domains and impede the advancement of women, which go
against State obligations under international human rights
instruments; and
lack of recognition of, or adequate provision of, sexual reproductive
health services and rights (SRHSR) in the general legal framework.
An adequate and well drafted legal and institutional framework is important
to forestall the adverse effects on the child arising from cultural, religious
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