Judgment No. CCZ 12/2015 40
Const. Application No. 79/14
the physical, mental, intellectual and social development of the girl child and
heightening the social isolation of the girl child.
Evidence shows that child marriage is a tool of oppression which subordinates
not just the woman but her family. Not only does child marriage perpetuate an
intergenerational cycle of poverty and lack of opportunity, it reinforces the
subordinated nature of communities that traditionally serve the powerful classes by
giving a girl child in marriage to an older male.
4.6. Domestic Violence
Child marriage often partners young girls with men who are much older. Girls
find themselves in new homes with greater responsibilities, without much autonomy or
decision–making power and unable to negotiate sexual experiences within the
marriage. Economic dependency and the lack of social support also expose young
married girls to other kinds of violent trauma during marriage. A child bride is often
regarded as a wife-in-training and is considered to be docile and malleable. This
assumption exposes child brides to the greater risk of domestic violence and sexual
abuse by her in-law’s family. Child brides are also forced into household labour in their
husband’s families which result in the exploitation of the girl child.
4.7. Trafficking in Women and Children
Since child marriages are contingent upon large amounts of money exchanging
hands, child marriage amounts to trafficking in girls. Child marriage often facilitates
the trade in women as cheap labour and has led to a rise in trafficking in women and
children. Child marriage is also used as a means to conduct prostitution and bonded
labour.
4.8. Health Costs
Child marriage reinforces the incidence of infectious diseases, malnutrition,
high child mortality rates, low life expectancy for women, and an inter-generational
cycle of girl-child abuse. Pregnancy-related death is a leading cause of death for girls
between 15 and 19 years of age. The dangers of early marriage affect not only the girl
child but the child born to her as well. Premature birth, low growth rate and poor mental
and physical growth are some characteristics of babies born to young mothers.
The real costs associated with women’s health and infant mortality are
enormous. Child marriage can have devastating consequences on the sexual and
reproductive health of girls: specifically increasing the risk of maternal mortality and
morbidity and contracting sexually transmitted diseases, particularly HIV/AIDS. The
risk of contracting STI’s and HIV rises and married girls are unable to negotiate safe
sex and are more likely to be married to older men with more sexual experience who
are more likely than single men to be HIV positive.
Young girls particularly those below 15 years of age, face serious reproductive
health hazards sometimes losing their lives as a result of early pregnancies. Those
under the age of 15 are five times as likely to die as women in their twenties. The main
causes are haemorrhaging, sepsis, pre-eclampsia/eclampsia and obstructed labour.
When a young mother’s vagina, bladder or rectum tears during child birth, it can cause
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