YUNMUN Position Paper
Nicaragua – Child Marriage
Ilana Kisilinsky
The government of Nicaragua recognizes the importance of basic human rights for all of
its citizens, including the right to be free from torture or cruel, inhuman or degrading treatment.
In particular, Nicaragua has adopted the United Nations Convention on the Elimination of all
forms of Discrimination Against Women. The government of Nicaragua has taken important
steps by passing a range of laws and creating institutions, polices and programs to address
discrimination against women in Nicaragua, including the Nicaraguan Institute for Women.
With respect to child marriage in particular, Part IV, Article 16 of the UNCEDW
provides that
“State Parties shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations and in
particular shall ensure, on a basis of equality of men and women . . . [t]he same
right freely to choose a spouse and to enter into marriage only with their free and
full consent . . . The betrothal and the marriage of a child shall have no legal
effect, and all necessary action, including legislation, shall be taken to specify a
minimum age for marriage and to make the registration of marriages in an official
registry compulsory.”
Child marriage is a clear human rights violation, as it deprives person of her basic
freedom of choice. This practice, however, carries with it other more direct and obvious
consequences both to the individual and to the community. Child brides typically do not
finish their education and, therefore, do not have the opportunities given to others to join
the educated workforce. They are not provided with the education necessary to make
informed decisions of their own and, instead, are often destined for a life of poverty.
Child brides frequently become pregnant at a very young age. This is dangerous both
physically and emotionally. They are at greater risk for death or injury due to early
sexual activity and childbirth. In addition, they frequently do not have the requisite
maturity level to carry the burdens of child bearing and child rearing that they are
required to perform. They are often subjected to physical, sexual and emotional abuse.
In recognition of the dangers of child marriage, for a marriage to be performed in
Nicaragua, the groom must be over the age of 21 or legally emancipated through court
order and the bride must be over the age of 18 or legally emancipated through court
order. If one of the parties is under the required age and not legally emancipated, the
parents of the underage party must consent to the marriage.
The United Nations must develop a comprehensive campaign to educate the
world with respect to the damage caused by forced early marriage and of the obligation
of member states to protect the rights of children and girls and prevent harmful practices
against girls.
United Nations Office at Geneva. Forced Child Marriage is a Slavery Like Reality in
Every Single Region of the World, Say United Nations Human Rights Experts, (2012,
October 9). Retrieved December 31, 2012 from
http://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/7872D362B02
EF62CC1257A92004BB2D3?OpenDocument
Embassy of the United States Managua, Nicaragua, Trafficking in Person Report 2012.
Retrieved December 31, 2012, from website:
http://nicaragua.usembassy.gov/marriage_in_nicaragua.html