Evidence of legislation with supporting documentation that includes clear requirements for non-coercive consent of both parties for marriage, the minimum age for consent, how this consent shall be given by the parties through written or oral means, and how consent is to be witnessed and legally registered.

Data Source(s):

National legislative documentation on consent for marriage and any amendments

Purpose:

This indicator measures national-level legislative compliance with the Universal Declaration of Human Rights, which recognizes the right to “free and full” consent to a marriage and acknowledges that consent cannot be “free and full” when one of the individuals involved is not sufficiently mature to make an informed decision about a life partner (UNICEF, 2005). Early marriage or child marriage is defined as the marriage or union between two people in which one or both parties are younger than 18 years old (McIntyre, 2006; ICRW, 2005). However, women over the age of 18 can also be forced into marriages without their consent, especially in low-income settings and where women’s education is limited. In a number of countries, particularly in poorer rural areas, girls are often betrothed or committed to an arranged marriage without their knowledge or consent. Such an arrangement can occur as early as infancy. Parents often see marriage as providing protection for their daughter from sexual assault and offering the care of a male guardian (McIntyre, 2006). Many parents often feel that a young girl is an economic burden and therefore wish to marry off their young daughters before they become an economic liability (CGD, 2008; McIntyre, 2006) or before they shame the family with an out-of-wedlock birth. In addition to the Universal Declaration on Human Rights, the 1989 Convention on the Rights of the Child  guarantees the rights of children and adolescents, including freedom from discrimination, abuse and exploitation; participation in decisions affecting their lives; privacy; and access to education, health information and services for their well-being. All of these rights have direct implications for adolescent and young women’s reproductive health (UNFPA, 2005).

Issue(s):

While this indicator demonstrates the existence of legislation on the books to protect free and full consent of both parties for marriage, it does not measure the implementation and prosecution of these laws.

Gender Implications:

The indicator specifies the importance of free and full consent of both male and female partners, yet cultural gender norms generally place the female in the disadvantaged position of being forced into marriage without their consent and often the case is young girls with older men.

References:

Center for Global Development (CGD). 2008. Girls Count: A Global Investment & Action Agenda. Washington, DC: CGD. http://www.cgdev.org/files/15154_file_GirlsCount.pdf