UN CEDAW and CRC RECCOMMENDATIONS ON MINIMUM AGE OF
MARRIAGE LAWS AROUND THE WORLD
as of November 2013
Various United Nations treaty monitoring bodies, which hold governments
accountable to their international obligations to uphold a range of human rights, have made
important interventions with individual governments in relation to child marriage. Chief
among these are the Committee on the Elimination of Discrimination against Women and the
Committee on the Rights of the Child. The Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) states that, “[t]he betrothal and the marriage of a
child have no legal effect …,” and requires governments “to specify a minimum age of
marriage and to make the registration of marriages in an official registry compulsory.” The
Convention on the Rights of the Child (CRC) requires governments to abolish “traditional
practices prejudicial to the health of children” as well as to protect children from “all forms
of sexual exploitation and sexual abuse”. The CRC Committee has consistently dealt with
child marriage in its Concluding Observations to governments that have ratified the CRC
even though the Convention itself does not have a specific article that mentions marriage.
Equality Now reviewed all the recommendations to individual countries that are State
Parties to CEDAW and the CRC relating to child or early marriage under the law, which
have reported to the Committees.1 We have included the concluding observations or
recommendations verbatim (and bolded as in the original) in the table below.
Recommendations can be found at www.ohchr.org either in the treaty document database or
on the specific Committee’s own web pages on the OHCHR site.
Frequent recommendations from the CEDAW and CRC Committees to State Parties
include that governments should:
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raise the minimum age of marriage to 18 for both women and men
conform regional, customary and religious law with federal/civil law
define crime of rape as sexual intercourse without consent (not as an attack on
“honor”)
provide for sanctions against perpetrators of early marriage and ensure the
investigation of cases as well as the prosecution and punishment of perpetrators
eliminate all disparities between men and women regarding minimum-age
requirements
implement compulsory registration of all marriages
1
For example, Kiribati and Nauru are both State Parties to CEDAW and CRC but there are no Concluding Observations or
recommendations regarding child marriage in these small countries. Also, the CRC Concluding Observations on Micronesia are from
1998, for instance, and therefore have not been included as outdated.
www.equalitynow.org/childmarriagereport
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prioritize the best interests of girls, including the right to education
not invoke freedom of religion to justify discrimination against girls and practices
such as forced and early marriages
not allow exceptions to minimum age of marriage even with consent.
Where a country had improved its laws on child marriage, the Committees welcomed
the progress made.
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How to read this table:
The left-hand column of the table below only gives an indication of whether the
minimum age of marriage law is above or below 18 and whether or not there are
exceptions. These figures come from information highlighted in the
recommendations by the Committees or provided to the Committees by States Parties
to the respective conventions. They should be checked against the current legislation
in the country concerned. There is no consistency in what information is provided by
governments to the Committees and in what detail. (In some cases there is
contradictory or no information provided in the Concluding Observations or State
Party reports, in which case it has been marked “unclear” in the summary.) The dates
provided in the report citations are based on the official UN report date, not the date
that a State Party submitted a report, which may have been even a year or two earlier.
In addition, States Parties are only examined about every four years during which
time the government may have acted on the respective committee’s
recommendations.
The right-hand column contains the text of the CEDAW and CRC Committees
Concluding Observations and their recommendations relating to the law on child
marriage of the country concerned.
If the status of the law was unclear from the recommendations of the committees,
then information from the State Party Report to the relevant committee was included
where the government provided information. Here again, it would be optimal to
check with local NGOs and lawyers for a fuller picture of the context and practice.
In some cases, there may be a State Party report but the Committee has not yet met
with the Government concerned so will not yet have issued Concluding Observations.
Where Concluding Observations from one committee were clearly superseded by
either Concluding Observations from the other committee or a subsequent State Party
report then those prior Concluding Observations were not included.
Finally, the law can be very complex and provisions relating to the same/connected issues
contained in several different, sometimes conflicting, laws. A full review of the law in
partnership with local counsel would be necessary in order to obtain a comprehensive picture
of legislation that affects whether and under what circumstances a child can marry in any
given country. The recommendations of the committees, however, can be an important tool
for advocates to encourage governments to undertake legal reform to combat child marriage.
Key
*Nothing mentioned relating to child marriage law in Committee’s Concluding Observations where State Party report
mentioned
**No Concluding Observations at all for that country or not yet issued
***Nothing in CRC Concluding Observations where State Party report also not mentioned
****Nothing in CEDAW Concluding Observations where State Party Report also not mentioned
www.equalitynow.org/childmarriagereport
Country
Afghanistan
Minimum Age of Marriage based
on Committee Reports
16 for girls, 18 for men.
(CEDAW: Concluding
Observations, July 2013)
CEDAW and CRC Recommendations
on Child Marriage Laws
The Committee expresses concern that there are
inconsistencies between civil law, sharia and customary laws
as to the legal minimum age for marriage.
The Committee urges the State party to rectify the disparity
in the minimum age of marriage for boys and girls by raising
the minimum age for marriage to 18 years for girls, as it is
for boys. (CRC: Concluding Observations, April 2011).
--.... It is deeply concerned at the persistence of
adverse cultural norms, practices and traditions which
are harmful to women, such as child marriage, baad
(settlement of disputes by giving away girls), badal
(exchange marriages) and forced marriages, including
forced marriages of widows. ...
The Committee is concerned at the persistence of
child and forced marriages and that the minimum age
of marriage for girls is set at 16.
In line with its general recommendations No. 21 and
No. 29, on article 16 of the Convention, the
Committee recommends that the State party:
(a) Repeal discriminatory provisions against women
in the Shia Personal Status Law and the Civil Law;
and amend relevant legislation to raise the
minimum age of marriage for girls to 18 years;
(CEDAW: Concluding Observations, July 2013).
Albania
18 years; under 18 with judicial
consent.
(CRC: State Party Report, Dec.
2011)
The Committee, while noting that the minimum legal age of
marriage is set at 18 years, expresses concern about the
persistent practice of early and forced marriages, especially
in the Roma community.
The Committee recommends that the State party fully
enforce the minimum legal age of marriage and take all the
necessary measures to curb the harmful practice of early
and forced marriage, including the development of
sensitization programmes and campaigns involving
community leaders, society at large and children
themselves on the negative impact of early and forced
marriages. (CRC Concluding Observations, Dec. 2012).
The Family Code of the Republic of Albania (approved by Law
No. 9062, dated 8
May 2003), article 7, defines the lawful age of marriage: (1)
Marriage may be concluded between a man and a woman
who are 18 years or older. (2) The court having jurisdiction
on the location where the marriage is to be concluded may,
for sufficient reasons, allow marriage prior to this age.
According to article 70 of the Family Code, when a minor
marries pursuant to article 7, paragraph 2, the marital
property regime of the legal community is applied until
he/she reaches the age of 18, after which time he/she can
request a change of the marital property regime. (CRC: State
Party Report, Dec. 2011).
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--While noting the efforts of the State party to work towards
the elimination of entrenched gender stereotypes in the
family, the media and society at large, the Committee
remains concerned about the persistence of such
stereotypes. The Committee commends the State party for
having a new Family Code that fully integrates gender
equality standards regarding family relations, but
nevertheless remains concerned about the limited measures
it has taken to challenge the harmful marriage traditions that
violate the rights of women and girls under the Convention,
including child marriages … (CEDAW Concluding
Observations, Sept. 2010).
Algeria
19 years for both sexes; lower
possible under marriage
exemption for rape law.
(CEDAW: State Party Report, Feb.
2010; CRC Concluding
Observations, July 2012)
The approval of the new Family Code eliminated the
discrimination for the minimal marriage age that existed in
the previous code of 1982, which provided for different ages
for marriage respectively for boys 18, and girls 16. The new
Family Code provides for marriage to be concluded between
a husband and a wife that have reached the age of 18. The
court of the place in which marriage is concluded, for
important reasons, may allow the marriage below this age.
So, the new code does not contain discriminating clauses
between genders. For important reasons (chiefly pregnancy),
the court may authorize marriage before reaching the legal
age. In the meantime, the Albania law does not recognize
engagement and considers marriage of minors invalid.
(CEDAW State Party Report, Dec. 2008).
The legal age of marriage has been raised from 18 years for
women and 21 years for men to 19 years for both sexes
(CEDAW: State Party Report, Feb. 2010).*
-In this context, the Committee is concerned that article 336
of the Arabic version of the Penal Code defines rape as an
attack on so-called “honour” and that rapists therefore may
avoid punishment by marrying the girl they raped and
“expunging the dishonour”. …
The Committee urges the State party to take more
proactive action to fight sexual abuse and exploitation. In
particular, the Committee urges the State party:
Andorra
16 years, 14 with judicial consent.
(CRC: Concluding Observations,
Dec. 2012)
(a) To revise article 336 of the Penal Code and define the
crime of rape as sexual intercourse without consent; (CRC:
Concluding Observations, July 2012).
The Committee notes with regret that despite its previous
concern (CRC/C/15/Add.176, para. 24) about the low
minimum age of marriage of 16 years of age, and 14 years of
age with the permission of a judge, the State party has not
increased the minimum age of marriage.
The Committee reiterates its previous recommendation
(CRC/C/15/Add.176, para. 25) that the State party amend
its legislation and increase the minimum age of marriage to
18 years. (CRC: Concluding Observations, Dec. 2012).
Notwithstanding the Committee’s recommendation (para. 25
of its observations on the reports submitted by Andorra,
CRC/C/15/Add.176), to date, there has been no change in
the law to raise the minimum age for marriage, which
remains at 16, and which, exceptionally and with the
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Angola
18 years; 15 years for girls, 16
years for boys can be authorized.
(CEDAW: Concluding
Observations, March 2013)
Antigua and
Barbuda
18 years; Under 18 with parental
consent.
(CRC: State Party Report, Dec.
2003)
authorization of a judge, can be reduced to 14. (CRC: State
Party Report, Sept. 2011).
--[…] Andorran legislation sets the minimum age for
contracting marriage at 16 years for both men and women.
(CEDAW State Party Report, March 2012).*
The Committee recommends that the State party (a)
Withdraw the discriminatory provision in article 24 of Law
68/76 authorizing, on an exceptional basis, the marriage of
girls at 15 and boys at 16 years of age, and raise the legal age
of marriage to 18 for girls and boys; (CEDAW: Concluding
Observations, March 2013).
Nubile age is that of majority (18 years), set by Law 68/76 of
12 October. Exceptionally, marriage can be authorized
between minors, 15 for the woman and 16 for the man,
upon criteria of physical development of each sex. (CEDAW:
State Party Report, June 2011).
--The Committee encourages the State party to revise its
legislation in order to ensure that the minimum age for
marriage is set at 18 for both girls and boys and that
exceptions require the approval of the competent court.
(CRC: Concluding Observations, Oct. 2010).
The Marriage Act, Cap. 347, places a restriction on marriage
in cases of “minority”. The Act defines a “minor” as a person
under the age of 18 years. In cases where a minor wishes to
be married, the consent of a parent must be given. (CRC:
State Party Report, Dec. 2003).*
--****
Argentina
Armenia
Unclear in report.
17 years for girls; 18 years for
men.
(CRC: State Party Report, April
In light of articles 1 and 2 and other related provisions of
the Convention, the Committee recommends that the State
party review its legislation with a view to increasing the
minimum age of marriage of girls to that of boys.
As the National Government gives priority to the promotion
of actions and initiatives which, in accordance with the rule
of law and with the aim of strengthening democracy,
guarantee full enjoyment of all human rights on an equal
footing for all children and adolescents, it took into account
the Committee’s recommendation that the minimum age of
marriage for females should be the same as that for males. …
Lastly, in November 2007 the Senate gave preliminary
approval to a draft law (File No. 3496/07), the purpose of
which is to set the marriageable age in all cases at 18 years.
This requirement would be applicable to both women and
men, thereby ensuring equal treatment, and it represents a
major step towards putting the initiative into practice. (CRC:
State Party Report, Sept. 2009).*
--****
The Committee notes with concern that girls in the Yezidi
community are often married before the legal age of
marriage in a traditional ceremony.
The Committee recommends that the State party fully
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2011)
enforce the age of marriage set out in law for all forms of
marriage and develop and undertake comprehensive
awareness-raising programmes on the negative
implications of early marriage on the girl child’s rights to
health, education and development, targeting in particular
parents and community leaders. (CRC: Concluding
observations, July 2013).
Pursuant to Article 10 of the Family Code of the Republic of
Armenia adopted in 2004, one of the necessary conditions
for entering into marriage is the attainment of the
marriageable age (the age of 17 for girls and the age of 18 for
boys). (CRC: State Party Report, April 2011).
--The Committee reiterates the concern expressed in the
Committee’s previous concluding observations (A/57/38)
and in the Committee on the Rights of the Child’s concluding
observations (CRC/C/15/Add.225) that the different
minimum legal age for marriage, set at 18 for men and 17 for
women, constitutes discrimination against women.
The Committee urges the State party to ensure that the
minimum age of marriage is raised for women to 18, and to
remove any exceptions to this minimum age, in accordance
with article 16 of the Convention and the Committee’s
general recommendation No. 21. (CEDAW: Concluding
observations, Feb. 2009).
Under paragraph 1 of Article 10 of the Family Code, entry
into marriage requires the mutual, freely given consent of
the man and the woman entering into the marriage and their
attainment of marriageable age⎯17 for women, and 18 for
men. (CEDAW State Party Report, Dec. 2007).
Australia
18 years; 16 years with court
approval.
(CEDAW: State Party Report, Feb.
2004)
Austria
Azerbaijan
Unclear.
18 for both.
(CRC: Concluding Observations,
Marriage in Australia is regulated by the Marriage Act 1961
and applies to men and women without distinction. Normally
marriage is not permissible unless the parties to the
prospective marriage have attained the age of 18 years of
age. In exceptional circumstances, where one party to a
proposed marriage is under the age of 18 years and has
already turned 16 years, the court may grant approval to
that person being married to a specific person over the age
of 18 years. (CEDAW: State Party Report, Feb. 2004).*
--***
It is also concerned at the lack of data on forced marriages.
The Committee recommends the State party … provide data
on forced marriages disaggregated by age and ethnicity of
the victim, and the specific measures taken to combat
forced marriages. (CEDAW: Concluding Observations, March
2013).
--***
The Committee welcomes as positive the adoption of the
following legislative measures:
(a)
The amendment of the Family Code in 2011 to
raise the age of marriage to 18 years;…
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March 2012)
The Committee is concerned about the significant
proportion of births that remain unregistered, both among
newborn infants as well as persons currently under the age
of 18. The Committee is particularly concerned about …
mothers who have been subject to underage marriage and
are consequently often not officially registered as married.
Furthermore, it is concerned at the prevalence of corruption
in the birth registration process and the resulting
inadequacy and inconsistency in the provision of
registration services in the State party, particularly in its
rural and outlying territories.
The Committee recommends that the State party
undertake all necessary measures to ensure the availability
of universal birth registration for all children regardless of
the circumstance of birth, and/or the marital and/or
migration status of the child’s parent(s). It also
recommends that the State party consider taking specific
measures to facilitate birth registration for children of
underage mothers and/or mothers in rural areas.
Furthermore, the Committee also recommends that the
State party take specific measures, including legislative
measures, to combat corruption among authorities
responsible for the provision of birth certificates. (CRC:
Concluding Observations, Sept. 2012).
According to the provisions of Article 10 of the Family Code
of the Republic of Azerbaijan, the marriage age in the
Republic of Azerbaijan for men is 18 and for girls –17. If there
are legitimate excuses, and based on a written request of the
persons, who has not reached majority, to the local
executive authorities, the authorities may permit to reduce
their marriage age for not more than 1 year.
The State Committee for Family, Women and Children Affairs
of the Republic of Azerbaijan submitted a proposal on
increasing the marriage age for women to 18, for protection
of gender equality and prevention of early marriages and the
proposal is currently being considered by the parliament.
In the cases when law allows to get married before 18, the
person under 18 acquires full legal capacity from the
moment he/she gets married. The legal capacity acquired as
a result of marriage shall be fully effective even the marriage
gets broken before the person reaches age of 18. (CRC: State
Party Report, April 2011).
--The Committee notes with appreciation the information
provided by the head of the delegation that the
Parliament will consider an amendment to the Family
Code at its session in the third quarter of 2009 in order
to equalize the minimum legal age for marriage to 18 for
both women and men. It remains concerned, however,
about the different minimum age of marriage for
women and men, which is set at 17 years for women.
The Committee urges the State party to speedily enact
the amendment to the Family Code in order to equalize
the minimum age of marriage for women and men to
18, in accordance with article 16 of the Convention and
the Committee’s general recommendation No. 21. …
www.equalitynow.org/childmarriagereport
(CEDAW: Concluding Observations, Aug. 2009).
The Committee is concerned at the persistence of early
and unregistered religious marriages in the State party
and at the lack of statistical data in this area.
The Committee urges the State party to continue to
implement awareness-raising campaigns and work with
religious authorities in order to prevent early marriages
and to ensure that all marriages are properly
registered. The Committee reiterates its previous
recommendation that the State party include in its next
report information on marriages in Azerbaijan of girls
under age 18 and on religious or traditional marriages,
including their prevalence and trends over time, and
their legal status. (CEDAW: Concluding Observations,
Aug. 2009).
(CEDAW Concluding Observations, Feb. 2007).
In line with the recommendations of the Committee set out
in paragraph 16 of the concluding observations, to speedily
enact the amendment to the Family Code in order to
equalize the minimum age of marriage for women and men
to 18, in accordance with article 16 of the Convention and
the Committee’s general recommendation No. 21, the Law of
the Republic of Azerbaijan “On Amendments to the Family
Code” was adopted in November 2011 to bring the age of
consent to marriage to 18 for both men and women.
… The Criminal Code (Law No 256-IVQD) was accordingly
amended in November 2011, to prohibit early and forced
marriages and to increase sanctions for such offences….
Azerbaijan does not prohibit religious marriages and in fact,
religious marriages exist in most families in parallel to official
marriages. According to Article 1.5 of the Family Code,
marriage settlement (kabin) on religious rules has no legal
effect. However, it is widely spread among the population
due to religious and national traditions. There are even cases
in regions, when families prefer a religious marriage. From
this point of view, awareness –raising campaigns on family
and marriage issues, on the lack of legal value of a religious
marriage are being carried out across the country and
targeting the population at large. (CEDAW: State Party
report, April 2013).**
Bahamas
18 years; under 18 with
consent/court permission.
(CEDAW: State Party Report, Oct.
2011)
Bahrain
15 years for girls; 18 years for
men.
(CRC: Concluding Observations,
Aug. 2011)
According to section 20 of the Marriage Act, Ch. 120, the
minimum age of marriage without consent is age 18,
however a person under 18 who intends to marry requires
the necessary consent unless the Supreme Court certifies
that the proposed marriage appears to be proper. (CEDAW:
State Party Report, Oct. 2011).*
--***
The Committee is deeply concerned at the inequality in the
legal minimum age of marriage for boys (18 years) and girls
(15 years), and that girls can marry even before the age of 15
years with the agreement of the judge.
The Committee urges the State party to ensure the full
compliance of all national provisions on the definition of
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the child with article 1 of the Convention, in particular, the
definition of the minimum age of marriage. The Committee
further recommends that the State party carry out
awareness-raising programmes on issues such as early
marriage so as to enhance the understanding of the persons
under the age of 18 as children with rights guaranteed
under the Convention.
The Committee is further seriously concerned that, as a
solution for child sexual abuse cases, marriage between
victim and abuser is encouraged in the State party. (CRC:
Concluding Observations, Aug. 2011).
Through its government bodies… Bahrain continues to make
every effort to enact a family code which will establish a
minimum age for marriage. A section of the Sunni Family Act
includes a number of articles which are favourable to girl
children and provide for their protection... Bahrain is making
concerted efforts... to draw attention to the dangers of early
marriage for girls and the adverse impact on children’s
health.
Due to opposition from politically powerful religious groups,
no family code which sets a minimum age of marriage for
girls has been promulgated…. a decision was issued by the
Minister of Justice and Islamic Affairs on 23 September 2007,
regulating the procedures for contracting marriages of girls
under 15 years of age… This decision, which prohibits
authorized officials from officiating at marriages of females
who are below 15 years of age and of males who are below
18 years of age, was taken to prevent children from being
forced into marriage by their parents or guardians and also
to protect their health from the adverse effects of early
marriage… The decision also allows for certain exceptions,
where the competent courts may need to authorize a
marriage between persons below the ages stipulated in the
decision, if it is truly in their interests.
Challenges
• There is a need for a children’s act which specifies the
same minimum age for marriage for both sexes. (CRC State
Party Report, March 2010).
--The Committee is also concerned at the discrimination in the
minimum age of marriage, which is 15 for girls and 18 for
boys.
The Committee also urges the State party to raise the
minimum age of marriage of girls from 15 to 18. (CEDAW:
Concluding Observations, Nov. 2008).
Bangladesh
18 years for girls, 21 years for
men with exception for religion.
(CEDAW: Summary Record, July
2004)
The Committee welcomes the State party’s readiness made
during the dialogue to engage in discussions to regulate the
uniform family code in order to eliminate discriminating
differences between Muslims, Hindu, Christians and other
religious groups and to establish clear and nondiscriminatory provisions on marriage, divorce, inheritance,
distribution of property and child custody in compliance with
the Convention. The Committee also reiterates its concern
that child marriage continues to be practiced widely,
particularly in rural areas.
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The Committee urges the State party to:
(a) Take, as a matter of priority, all necessary measures,
including through awareness-raising campaigns among all
sectors of the society, particularly traditional and religious
communities, the media and civil society, on the
importance of adopting a uniform family code which
provides women with equal rights; (b) Take all appropriate
measures to end the practice of child marriages, in
accordance with the Committee’s general recommendation
No. 21(1994) on equality in marriage and family relations.
(CEDAW Concluding Observations, March 2011).
Although under the civil law the minimum marriageable age
was 18 for girls and 21 for men, the law allowed religions to
permit child marriage to some extent. (CEDAW: Summary
Record, July 2004).
--The Committee welcomes the establishment of a high-level
Committee to review the definition of the child and the
minimum ages of children for various situations.
Nevertheless, the Committee reiterates its concern that
there is no uniform definition of the child in the laws and
policies of the State party and that understandings and legal
provisions vary according to civil law, the Convention, and
sharia, as reflected in conflicting legal minimum ages of
children for marriage.
The Committee strongly recommends that the State party:
(b) Empower the newly established Committee to expedite
its review of the various legislations and policies on the
definition of the child, including for marriage… (CRC
Concluding Observations, June 2009).
Under the existing law, minimum age of marriage is 18 for
females and 21 for males, and there are provisions for
punishment of the person’s involvement in child marriage.
Awareness about negative effects and consequences of early
marriage has notably increased through interventions of
both government and NGOs/CBOs. (CRC State Party Report,
Oct. 2008).
Barbados
16 years.
(CEDAW: State Party Report, Nov.
2000)
Belarus
18 years; younger in exceptional
circumstances or in case of
pregnancy.
(CEDAW: State Party Report, Dec.
2002)
Women have the same rights as men and can enter into
marriage with free and full consent as long as they are over
the age of 16. (CEDAW: State Party Report, Nov. 2000).*
--***
The minimum age of marriage for both women and men is
fixed at 18 years
(art. 18 of the Code). However, in certain cases: On the birth
of a child to the couple, or where there is a certificate of
registration of pregnancy; Where a minor is declared to have
full dispositive capacity (emancipation), And; Where the
other conditions for contracting a marriage (as stipulated in
art. 17 of the Code) are met, the State registry office may
lower the minimum. (CEDAW: State Party Report, Dec.
2002).*
--The 2000 and 2004 versions of the Rights of the Child Act
maintained the definition of the child as stated in article 1 (b)
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of the Act, namely an “individual up to the age of 18
(maturity), unless he or she, under the law, acquires full civil
capacity earlier”. (CRC State Party Report, 2010).*
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Belgium
Belize
18 years; 16 years with parental
consent.
(CEDAW: Concluding
Observations, Aug. 2007 / CRC:
State Party Report, March 2005)
The Committee is concerned that, with the consent of the
parents, the legal age of marriage is 16 years. The Committee
also notes with concern that a man who has sexual relations
with a girl under the age of 16 can, with the consent of her
parents, marry her without being prosecuted for carnal
knowledge.
The Committee calls upon the State party to raise the
minimum age of marriage to 18 years, in accordance with
article 16, paragraph 2 , of the Convention, general
recommendation 21 and the Convention on the Rights of
the Child. (CEDAW: Concluding Observations, Aug. 2007).
--The Committee is deeply concerned about the practice of
early marriages and the low minimum age for marriage (14
years)…. With regard to the age-limit for sexual consent (16
years; females only), the Committee is concerned that
persons under 18 years are not allowed to have any medical
counselling, including counselling on reproductive health,
without parental consent.
The Committee recommends that the State party continue
and strengthen its efforts: …(c) To raise the minimum legal
age of marriage for both girls and boys and to undertake
awareness-raising campaigns concerning the many very
negative consequences resulting from early marriages in
order to reduce and prevent this practice; (…). (CRC:
Concluding Observations, March 2005).
Marriage: 14 years (with parental consent) (consent not
required if the person is a widow or widower), 18 years
(without consent) (Marriage Act, S 5 (1)) (the Act states that
the marriage of anyone under 14 years is void (S. 4 (1))) (CRC,
State Party Report, July 2004).
Benin
18 years.
(CEDAW: State Party Report,
March 2012)
While welcoming the inclusion of harmful practices in the
newly enacted law on violence against women (Act No.
2011-26 of 9 January 2012), the Committee expresses deep
concern that harmful practices, such as child and forced
marriages... continue to be prevalent and go unpunished
despite the comprehensive legislative framework.
The Committee urges the State party to:
(a)
Hold consultations with civil society and
women’s organizations and traditional leaders, at
departmental and municipal level, with a view to fostering
a dialogue on harmful practices and promoting wide
acceptance of the new legislative framework; (CEDAW
Concluding Observations, Oct. 2013).
Act No. 2002-07 of 24 August 2004 on the Personal and
Family Code lays down egalitarian principles in accordance
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with the Constitution and thus significantly combats
discrimination. For example, it … sets the legal age of
marriage for girls and boys at 18 (art. 123)… (CEDAW: State
Party Report, March 2012).
__
While welcoming the adoption of the Code on Persons and
the Family which sets the legal age for marriage for boys and
girls at 18, the Committee regrets the lack of clarity on the
legal minimum age of sexual consent as there is no provision
to this effect in the State party’s domestic legislation. (CRC:
Concluding Observations, Oct. 2006).
Bhutan
18 years.
(CEDAW: Concluding
observations, Aug. 2009)
The definition of the child has been changed to conform to
the CRC. The child in Bhutan is now defined as anyone who
has not attained the age of 18. This definition is embedded in
law including… the Amended Marriage Act of 1996;…
There is no formal age of consent of sexual activity in
Bhutan. This is often covered under the minimum age for
marriage, which is 18 years. (CRC State Party Report, July
2007).*
--While welcoming that the legal age for marriage of men and
women is 18, the Committee is concerned at the persistence
of illegal underage marriage….
Bolivia
14 years for girls; 16 years for
boys.
(CRC: Concluding
Observations, Oct. 2009)
The Committee also encourages the State party to take
effective measures, including through legal action and
public outreach campaigns, to put an end to the practice of
illegal underage marriage. (CEDAW: Concluding
Observations, Aug. 2009).
The Committee reiterates its concern at the low legal
minimum age for contracting marriage, as well as the
discrepancy between the minimum age for girls (14 years)
and for boys (16 years). …
The Committee reiterates its recommendation that the
State party set the minimum age for marriage for girls and
for boys at a higher and equal level. (CRC: Concluding
Observations, Oct. 2009).
--While the Committee takes note of the State party’s efforts
to raise the age of marriage for women, particularly through
current reforms to the Family Code, it is concerned that such
reform sets 16 years of age as the minimum age for marriage
for both males and females, since marriage at such a young
age can prevent girls from pursuing their studies and induce
them to drop out of school early.
The Committee urges the State party to take the necessary
steps in this reform currently under way to raise the
minimum age for marriage to 18 years of age for both
males and females, in line with the provisions of article 1 of
the Convention on the Rights of the Child; article 16,
paragraph 2, of the Convention on the Elimination of All
Forms of Discrimination against Women; and the
Committee’s general recommendation No. 21 on equality in
marital and family relations. (CEDAW: Concluding
Observations, April 2008).
www.equalitynow.org/childmarriagereport
Bosnia and
Herzegovina
18 years; exceptionally at the age
of 16 years, for both.
(CEDAW State Party Report, Dec.
2011)
The Committee is concerned about the prevalence of
the practice of early marriage within Roma
communities and about the lack of sustained,
systematic and concrete action taken by the State party
to address this harmful practice, despite the legal
prohibition of such acts.
The Committee recommends that the State party develop
comprehensive measures to combat the practice of early
marriage and to raise awareness among Roma
communities about the legal prohibition of child marriage,
as well as its negative effects on girls’ health and their
completion of education, notably by establishing
cooperation with community leaders. (CEDAW: Concluding
Observations, July 2013).
The percentage of Roma women who get married before
the age of 18 is 44%, and they are due to their educational
status dependant to other members of the family. ...
In BiH, marriage can be concluded from the age of 18,
or exceptionally at the age of 16 years, for both
partners. The number of women who concluded
marriage aged 15 to 19 is around 13% of the total
number of women who concluded marriage, while the
percentage of men is 1.3%. ...
Studies show that 1% of women married before the age
of 15, while 10% of women were married before the
age of 18. (CEDAW: State Party report, Dec. 2011).
Botswana
18 years with parental consent;
21 without parental consent.
Min. does not apply to customary
and religious marriages.
(CEDAW: State Party Report, Oct.
2008; CEDAW: Concluding
Observations, March 2010)
--There have been reports of girls, particularly those of Roma
ethnicity, being trafficked for forced marriage and/or
involuntary domestic servitude.
The Committee recommends that the State party:
(a)
Take measures, including by considering the
establishment of an independent third party monitor, to
ensure that all cases of trafficking are subject to due and
proper investigations;
(b)
Ensure commensurate sanctions for perpetrators
of trafficking-related cases, particularly those involving
child victims;
(c)
Ensure that the age of a victim never constitutes
the sole grounds for invalidating his/her testimony;
(d)
Allocate specific human, technical and financial
resources for investigating trafficking for forced marriage
and/or involuntary servitude. (CRC: Concluding
Observations, Nov. 2012).
The Marriage Act was amended in 2001 to make it illegal for
any person under the age of 18 to marry. The amendment
further stipulated that no minor below the age of 21 years
may marry without the consent of parents or legal guardian.
Prior to the amendment girls could be married at the age of
14. (CEDAW: State Party Report, Oct. 2008).
--The Committee expresses the same concern that… the
Marriage Act Cap 29:01 regulating the registration of
marriage and setting 18 years as minimum age for both boys
and girls to marry do[es] not apply to customary and
religious marriages. (CEDAW: Concluding Observations,
March 2010).***
www.equalitynow.org/childmarriagereport
Brazil
16 years with parental consent.
(CEDAW: Response to List of
Issues, May 2007)
Brunei
14 years for those not bound by
religious law; may need parental
consent to register marriage of
those under 18.
(CEDAW: State Party Report, May
2013)
We believe that the previous reply was inaccurate, as the
chapter of Civil Code, which entered into force in 2003, on
the Capacity for Marriage – more specifically its Art. 1517 –
states that “Men and girls aged 16 may marry, subject to
authorization from the parents or their legal representatives,
before they reach age majority.” (CEDAW: Response to List
of Issues, May 2007).*
--***
With regards to the minimum age for marriage, it is provided
for under the Marriage Act (Cap. 76) that for marriages other
than those contracted according to Muslims, Hindus,
Buddhists, Dayaks or other marriages governed by the laws
of Brunei Darussalam to be valid, both parties to the
marriage must have reached 14 years of age. For Chinese
marriage under the Chinese Marriages Act (Cap. 126), the
female must be over 15 years of age for such marriage to be
valid and be registered.
For the purpose of registration of marriage of a non-Muslim
below the age of 18 years, the Registration of Marriages Act
(Cap. 124) provides that before a marriage solemnized within
Brunei and one of the parties neither professed the religion
of Islam or Christian can be registered, the parents or one of
the parents or natural guardian of the husband or wife who
is under 18 years of age have to declare on oath that he or
she or they have consented to such marriage unless the
registrar is satisfied that it is proper to dispense with it.
(CEDAW: State Party Report, May 2013).*
--The Committee is concerned that the minimum age for
marriage is 14 years which the Committee considers as being
far too low. The Committee is further concerned that even
younger children may marry under Islamic law. (CRC:
Concluding Observations/ Comments, Oct. 2003).
The Marriage Act (cap. 76) provides for the solemnization
and registration of church and civil marriages. Under this
law, minor is defined as a person not being a widow or a
widower who is under the age of 18 years. The age for
marriage is 14 years old. Where there is a solemnization of
marriage and one of the parties to the marriage is a minor,
consent of the father or the guardian or the mother of the
minor is necessary. The act provides that it is an offence to
solemnize the marriage of a minor where the requisite
consent is absent… This act does not apply to Muslim
marriages… Despite these provisions,… the number of
marriages among minors is small and are usually between
people in the rural areas or among the indigenous groups.
(CRC State Party Report, March 2003).
Bulgaria
18 years; 16 years with judicial
consent.
(CEDAW: State Party Report, Jan.
2011)
The minimum age for marriage is 18 years and applies to
members of either sex. As an exception, there is an
opportunity for entry into marriage by persons who have
attained the age of 16 years as an absolute minimum and
after permission by the Regional Court, which should
determine whether there are important reasons for the
marriage to be contracted. (CEDAW: State Party Report, Jan.
2011).**
---
www.equalitynow.org/childmarriagereport
… the Committee remains concerned at the still limited and
inequitable access to adequate health-care services,
especially for Roma children and children in the rural areas,
…
Burkina Faso
17 years for girls, 20 years for
men; 15 years for girls, 18 years
for men with court waiver.
(CEDAW: State Party Report,
February 2004; CRC: Concluding
Observations, Feb. 2010)
The Committee recommends that the State party:
(c) Closely collaborate with the minority communities and
their respective leaders to elaborate effective measures to
abolish traditional practices prejudicial to the health and
well-being of children, such as early marriage; … (CRC
Concluding Observations, 2008).
The Committee notes with concern the persistent
discrimination against women in certain laws relating to
family life. Despite the existence of the Individual and Family
Code, the Committee is concerned about the different age of
marriage for women and men in this Code and that the
practice of child marriage of girls much younger than the age
specified by the Code still prevails in rural areas.
The Committee urges the State party to repeal all laws
relating to family life that are discriminatory towards
women, and … on equality in marriage and family relations
, urges the State party to accelerate the legislative reform
of the Individual and Family Code so as to standardize the
minimum legal age of marriage at 18 years for both women
and men (art. 238 of the Code) to ensure equality in family
laws. The Committee further urges the State party to take
all legal and other necessary measures to combat child
marriages. (CEDAW: Concluding Observations, Nov. 2010).
The legal age for marriage is 20 for men and 17 for girls. This
age may be lowered on an exceptional basis for serious
cause through a waiver granted by the civil court, but in no
case for a man under 18 or a woman under 15. (CEDAW:
State Party Report, Feb. 2004).
--The Committee urges the State party to set the minimum
age for marriage for girls and boys at 18 years and to
penalize early and forced marriage. (CRC: Concluding
Observations, Feb. 2010).
Forced and early marriages fall outside the purview of public
administration, in the forms of traditional and religious
weddings which are neither recognized nor prohibited by the
law. (CRC: State Party Report, March 2009).
Burundi
18 years for women and 21 for
men; provincial governor may
grant an exemption; bill to change
it to 18 for both.
(CRC: State Party Report, Jan.
2010; CEDAW: State Party Report,
March 2007)
The aim of the bill to amend certain provisions of the Code of
Personal and Family Affairs is to bring the Code into line with
the Convention.
The age of marriage is set at 18 years for both sexes. In order
to safeguard the best interests of the child, recourse to the
Family Council is recognized even when the father and the
mother refuse to give their consent for the marriage of their
child...
The age of marriage is 18 years for girls and 21 years for
boys, but the bill to amend certain provisions of the Code of
Personal and Family Affairs sets the age of marriage at 18
years for both sexes. However, cases have been observed
throughout the country of young girls who marry or have
sexual relations, whether willingly or not, but have not
www.equalitynow.org/childmarriagereport
attained the age of majority. (CRC: State Party Report, Jan.
2010).*
--It strongly recommends amendment of the provisions that
stipulate a minimum marriage age for women that is
different from that for men (article 88 of the Code of the
Person and the Family)… (CEDAW: Concluding Observations,
April 2008).
Under article 88 of the Code of the Person and the
Family, the legal age of marriage is 18 years for women
and 21 years for men except in case of force majeure,
where the provincial governor may grant an exemption
to those who have not yet reached that age....
In establishing the age difference, the 1980 legislature
also took into account that girls mature earlier than
boys. The legislature of 1993 did not wish to change the
age out of concern at the population explosion in
Burundi. Allowing boys to marry at age 18 might
encourage them to procreate even more. As there have
been no complaints on this issue, Burundi maintains this
distinction. (CEDAW: State Party Report, March 2007).
Cambodia
18 years for women and men;
younger if pregnant.
(CEDAW: State Party Report, Sept.
2011 and CRC State Party Report,
Nov. 2010)
According to the above law, men and women have equal
rights, when of legal age, in choosing partners for marriage.
According to the Civil Code, the minimum age for marriage in
the Kingdom of Cambodia, as determined by law, is 18 years
old for both men and women. (CEDAW: State Party Report,
Sept. 2011).*
--However, under special circumstance, boy and girl aged
below 18 are allowed to get married if the girl is pregnant
and parents or caretakers gave permission to do so. (CRC:
State Party Report, Nov. 2010).*
Cameroon
15 years for girls; 18 for men.
(CEDAW: Concluding
Observations, Feb. 2009)
The provisions of the code of the person and the family, in
the process of being adopted, establish the minimum age for
marriage at 18 years, regardless of the gender of the future
spouses, in these terms: “The man and the woman may not
enter into marriage before the age of 18”.
(CEDAW: State Party Report, Nov. 2012).**
--The Committee welcomes the draft law on the Family Code,
which sets the minimum legal age for marriage at 18 years
for both women and men, and reiterates the concern
expressed in the concluding observations of the Committee
on the Rights of the Child (CRC/C/15/Add.164) that the
different minimum legal age for marriage, set at 18 for men
and 15 for women, constitutes discrimination against
women.
The Committee urges the State party to ensure that the
minimum age of marriage for women is raised to 18, in
accordance with article 16 of the
Convention and the Committee’s general recommendation
No. 21. It also urges the State party to adopt the draft law
on the Family Code. (CEDAW: Concluding Observations, Feb.
2009).
www.equalitynow.org/childmarriagereport
-The Committee also notes that the draft code on persons
and family will establish the minimum legal age for marriage
of boys and girls at 18 years.
Canada
18 or 19 depending on the
province.
(CRC: State Party Report, March
2003)
The Committee urges the State party to accelerate
measures to harmonize its domestic legislation fully with
the Convention regarding the definition of the child, and
urges the State party to raise the legal age of marriage of
girls to 18 years, equal to that of boys. (CRC: Concluding
Observations, Jan. 2010).
The Committee is concerned that there is inadequate
protection against forced child marriages, especially among
immigrant communities and certain religious communities
such as the polygamous communities in Bountiful, British
Columbia.
The Committee recommends that the State party take all
necessary measures, including legislative measures and
targeted improvement of investigations and law
enforcement, to protect all children from underage forced
marriages …. (CRC: Concluding Observations, Dec. 2012).
Cape Verde
18 years; 16 for both with
consent.
(CEDAW: Summary Record, July
2013)
In 1997, Parliament amended the Divorce Act to change the
definition of “child of the marriage” from age 16 to the “age
of majority.” The age of majority is set by provincial statutes.
It is 18 in the provinces of Alberta, Manitoba, Prince Edward
Island, Québec and Saskatchewan, and 19 in the provinces
and territories of Ontario, British Columbia, Newfoundland,
Nova Scotia, New Brunswick, Northwest Territories, Nunavut
and the Yukon. Children who fall under this definition are
entitled to support as long as they have not withdrawn
themselves or been withdrawn from their parents’ charge.
(CRC: State Party Report, March 2003).
--****
The minimum age for marriage without consent was 18.
(CEDAW: Summary Record, 22 July 2013).*
The Committee is also concerned that the legal age of
marriage, although established at 18 years for boys and girls,
may be lowered to 16 years for boys and girls and while
acknowledging the very low percentage of such marriages,
the Committee remains concerned that this could encourage
early marriages.
The Committee requests the State party to implement
awareness-raising measures aimed at achieving gender
equality in marriage and family relations, as called for in
the Committee’s general recommendation 21, on equality
in marriage and family relations, including measures aimed
at … fully implementing the minimum age for marriage at
18 years for both boys and girls. (CEDAW: Concluding
Observations, Aug. 2006).
CRC Concluding Observations from 2001.
Central African
Republic
18 years. Under 18 with parental
consent.
(CRC: State Party Report, Nov.
The child is defined as “a person of either sex who has not
yet reached the age of 18” in the draft family code (art. 571).
Under article 214 “no person may contract marriage before
the age of 18”. Under article 211 of the draft family code a
www.equalitynow.org/childmarriagereport
st
th
1998; No information in 1 -5
State Party Report to CEDAW,
2013**)
minor under 18 years of age may not contract marriage
without the consent of the persons who exercise parental
authority. (CRC: State Party Report, Nov. 1998).
The Committee notes … the adoption of a new Family Code
which entered into force in October 1998.
The Committee also recommends that the State party
strengthen its efforts to end the practices of early and
forced marriage. The Committee recommends, in addition,
that support also be provided to communities as a whole.
The Committee recommends that the State party seek
assistance from UNICEF and WHO in this regard. (CRC:
Concluding Observations, Oct. 2000).
Chad
18 years for men and 17 for girls;
13 for customary marriages.
(CEDAW: Concluding
Observations, Nov. 2011)
The Committee calls upon the State party: (a) … to provide
for sanctions against perpetrators of violence against
women, including … early marriages …, and ensure the
investigation of cases, as well as the prosecution and
punishment of perpetrators…
The Committee also notes with concern the inconsistencies
regarding the minimum age of marriage for women: in article
144 of the Civil Code, the minimum age is set at 15 years,
while according to article 277 of the Criminal Code,
customary law marriages of girls above 13 years are legal. It
is further concerned that both provisions are contrary to
international standards, as they discriminate, particularly,
against girls between the ages of 13 and 15 years and girls
between the ages of 15 and 18 years. Furthermore, it regrets
that the draft code on the person and the family proposes to
raise the minimum age of marriage only to 17 years for girls.
The Committee … calls on the State party to eliminate
discrimination against women and girls …by: (a) Reviewing
the draft code on the person and the family and ensuring
that it … raises the minimum age of marriage for women to
18 years…. (b) Taking the necessary measures to prioritize
the adoption of the draft personal and family code; (c)
Undertaking awareness-raising activities throughout the
country on the negative effects of early marriages for girls,
highlighting in particular the long-term effect on women as
regards the enjoyment of their rights to health and
education, with a view to implementing the Act on
reproductive health. (CEDAW: Concluding Observations,
Nov. 2011).
-The Committee regrets that the draft code on the person
and the family sets the minimum age for marriage at 18 for
boys and 17 for girls, that legally set minimum ages for
marriage are not respected and early marriages are
widespread in the State party’s territory.
The Committee urges the State party to ensure the swift
adoption of the draft code on the person and the family,
which should provide an equal minimum age of 18 for
marriage for both boys and girls. (CRC: Concluding
Observations, Feb. 2009).
Chile
18 years; 16 years with consent.
The Committee recommends that the State party further
review legislation with a view to establishing the minimum
www.equalitynow.org/childmarriagereport
(CEDAW: State report, March
2011)
China
21 years; 16 with consent.
(CEDAW: State Party Report, June
2004)
age for marriage at 18 years of age, equally applicable for
both boys and girls. (CRC: Concluding Observations, Aug.
2007).
--The minimum age of marriage established in Chilean civil law
is, in fact, 18 years both for men and for women. If either of
the future spouses is between 16 and 18 years of age, he or
she must have the authorization or consent of the relative
responsible by law for granting such authorization, under
penalty of losing their inheritance rights if this legal
requirement is not met (CEDAW: State report, March 2011).*
As mentioned in paragraph 326 of Part II of the previous
report, the right of men and women to enter into
monogamous marriage with their full and free consent is
guaranteed under the Marriage Ordinance (Cap. 181). … The
Marriage Ordinance also provides that the marriageable age
is 16 and for marriage under the age of 21, consent of a
parent, guardian or a District Judge is necessary.
…
The information pertinent to this Article provided in the last
report is still accurate. (CEDAW: State Party Report, Nov.
2012).**
--No Information in 2012 CRC State Party Report or 2013 CRC
Concluding Observations.
Colombia
18 years; 14 years with parental
consent.
(CEDAW: Concluding
Observations, Oct. 2013)
While noting that the legal age of marriage in the State party
is set at 18 years for both girls and boys, the Committee is
concerned at the exception in the Civil Code of the State
party which allows 14 year old adolescents, girls and boys, to
get married with the consent of their parents or guardians. …
The Committee recommends that the State party:
(a)
Guarantee compliance with the minimum age for
marriage, set at 18 years for both women and men and
amend its Civil Code so as to ensure that exceptions related
to the minimum age of marriage are set at 16 years for both
girls and boys upon the authorization of a competent court;
… (CEDAW: Concluding Observations, Oct. 2013).
--Finally, in Colombia it is possible to legally get married,
according to Article 140 of the Civil Code, from 14 years of
age. However, children between 14 and 18 may not do so
without the express permission, in writing, of their parents
or, failing that, a guardian. (CRC: State Party report, Nov.
2011).**
Comoros
18 years for women and men.
(CEDAW: State Party Report, Sept.
2011)
It also expresses its serious concern about the persistence of
entrenched harmful practices, such as forced and early
marriages and polygamy. …
The Committee urges the State party to: (a) Put in place a
comprehensive strategy to eliminate harmful practices and
stereotypes that discriminate against women, in conformity
with article 2, and especially 2 (f), and article 5 (a) of the
Convention. Such a strategy should include concerted
efforts, set in a clear timeframe and pursued in
collaboration with civil society organizations, to educate
and raise public awareness about this subject, targeting
www.equalitynow.org/childmarriagereport
women and men at all levels of society, and should involve
the school system and the media….
The Committee notes the coexistence of the three systems
of law (civil, Islamic and customary) regulating marriage and
family relations… this situation results in the deep and
persistent discrimination against women… It is particularly
concerned at the lack of information with respect to
measures taken to abolish polygamy, which is permitted by
the Family Code.
The Committee calls upon the State party to ensure
equality in marriage and family relations by: (a) Carrying
out a comprehensive review of its legal system and repeal
existing discriminatory provisions against women within
civil, Islamic and customary laws so as to guarantee that
these bodies of law are harmonized with the Convention,
and set up a clear time frame for the completion of such
review process; (b) Abolishing polygamy in accordance with
the Committee’s general recommendation No. 21 (1994) on
equality in marriage and family relations (CEDAW:
Concluding Observations, Nov. 2012).
Under article 14 of the Family Code, “men and women may
not marry before they reach 18 years of age”. (CEDAW: State
Party Report, Sept. 2011).
CRC Concluding Observations are from 2000.
Congo,
Republic of
18 years for women, 21 years for
men; younger with permission
from State Procurator.
(CEDAW: State Party Report, April
2002)
The Committee is concerned about the delay of the State
party in reviewing its discriminatory provisions on marriage
and family relations and the existence of discriminatory
provisions such as: the absence of the same minimum age of
marriage for girls and boys (Family Code, art. 128), … It is
further concerned about the prevalence of the practice of
“pre-marriage” before the legal minimum age for marriage….
The Committee … urges the State party to: (a) Accelerate
the legislative reform in order to review and amend, within
a clear time frame, existing discriminatory provisions to
bring them fully into line with articles 2 and 16 of the
Convention; these provisions include the absence of the
same minimum age of marriage for girls and boys (Family
Code, art. 128), … (b) Adopt legal provisions that … bring
the minimum age for pre-marriage in line with the legal age
for marriage, and… (CEDAW: Concluding Observations,
March 2012).
The minimum age is 18 years for the girl and 21 years for the
boy. However, the State Procurator may, in a serious case,
grant a dispensation from this rule. (CEDAW: State Party
Report, April 2002; no mention in recent State Party Report).
--The Committee notes that the traditional perception of the
child in Congolese society may be in conflict with the
definition of the child enshrined in the Convention, in
particular with regard to the age of majority, since in
traditional views the transition from a play and learning
stage of development to work and marriage occurs sooner. …
The Committee urges the State party to ensure that all
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Cook Islands
16 years and younger with
consent.
(CRC: Concluding Observations,
Feb. 2012)
children on its territory enjoy all the rights enshrined in the
Convention until the age of 18. (CRC: Concluding
Observations, Oct. 2006).
The Committee expresses its concern at the lack of a
definition of the child which complies with article 1 of the
Convention. In particular the Committee is concerned that
the minimum age for marriage remains 16 years and even
younger if the consent of the parent or guardian is provided.
The Committee urges the State party to define the child
according to article 1 of the Convention for its next
census. The Committee recommends that the State
party raise the minimum age for marriage to 18 years.
(CRC: Concluding Observations, Feb. 2012).
--The Committee is concerned that, according to the
Marriage Act 1973, the legal minimum age of consent
for marriage is 16 years, but can be younger with the
consent of a parent or guardian.
The Committee urges the Cook Islands to raise the
minimum age of marriage for women to 18 years, in
line with article 16 (2) of the Convention, the
Committee’s general recommendation 21 and the
Convention on the Rights of the Child. (CEDAW:
Concluding Observations, Aug. 2007).
Costa Rica
18 years; 15 years with parental
consent.
(CRC: Concluding Observations,
Aug. 2011)
Côte d’Ivoire
(Ivory Coast)
18 years for women; 20 years for
men.
(CEDAW: State Party Report, Oct.,
2010)
While noting the adoption by the State party in 2007 of Act
No. 8571 amending the Family Code and the Civil Code that
prohibits marriage under 15 years of age, the Committee is
concerned that children aged 15–18 may get married with
their parents’ consent….
The Committee recommends that the State party raise the
minimum age of marriage to 18…. (CRC: Concluding
Observations, Aug. 2011).
--****
[T]he Committee remains concerned about … the lack of
enforcement of Act No. 98-756 of 23 December 1998,
prohibiting early and forced marriages … the existence of
discriminatory provisions on the age of marriage for women
and men;
The Committee … calls on the State party to: (d) Review and
amend without delay existing discriminatory provisions,
including the difference in the age of marriage for women
and men… (CEDAW: Concluding Observations, Nov. 2011).
The Criminal Code prohibits early and forced marriage. The
minimum age for marriage is 20 for men and 18 for women.
The State Prosecutor may issue an exemption for marriages
before those ages. (CEDAW: State Party Report, Oct. 2010).
--The Committee … remains concerned at the difference
between the minimum legal age for marriage of boys (20
years) and that of girls (18 years).
The Committee recommends that the State party review its
legislation with a view to eliminating all disparities
regarding minimum-age requirements, and that it make
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greater efforts to enforce the requirements. (CRC:
Concluding Observations, July 2001).
Croatia
18 years; 16 years with special
civil court order.
(CEDAW: State Party Report, Oct.
2003)
Cuba
18 years; 14 for girls, 16 for boys
in exceptional cases.
(CEDAW: Concluding
Observations, July 2013)
According to valid legislation, persons of different gender
between whom there is no close consanguinity or adoptive
relationship and are of age (18 or older) can enter a
marriage. In exceptional cases, the court may allow in extra
judiciary procedure for persons of 16 years of age to enter a
marriage, “if it is established that they are mentally and
physically mature for marriage, and that there is a justified
reason for entering a marriage.” (CEDAW: State Party Report,
Oct. 2003).*
--There were also no changes in relation to the legal status of
the child and the new Family Act (2003) still prescribes that a
person becomes of age and acquires legal capacity at the age
of 18 years. It also foresees the possibility of an exceptional
acquisition of legal capacity above the age of 16 years, if
he/she enters into a marriage before the age of majority.
Additional possibility is that a juvenile aged above 16 years
who has become a parent may, with court's approval,
acquire legal capacity although he/she has not entered into
marriage. Minor changes in relation to the Family Act of
1998 are in the provision on the age of majority as a
presumption for the validity of marriage, and on the
exception from this rule for juveniles aged above 16 years.
The provision on juvenile marriage with court's permission
requires that, in addition to determining mental and physical
maturity of the juvenile for marriage, the court also
determines the presence of a justified reason for early
marriage, while the previous Family Act determined whether
the marriage is in the interest of the juvenile. It is, however,
considered that the principle of the protection of the child's
interest is an integral part of the family legislation, and
therefore the interest of the juvenile would always have to
be determined. Another novelty is that the court in the
decision-making process on allowing the marriage, will,
among other things, hear the person with whom the juvenile
applicant intends to enter into marriage. (CRC: State Party
Report, Oct. 2013).**
The Committee is also concerned that although the
minimum legal age of marriage is set for 18 years old, a
special authorization, not necessarily by a court, may be
obtained for girls at 14 and boys of 16 years old.
The Committee recommends the State party to: (…)
(b) Ensure that in exceptional cases of marriage below the
age of 18 the same age limit is set for girls and boys at 16
years old, and that court authorization is required in all
cases. (CEDAW: Concluding Observations, July 2013).
--The Committee is concerned that under the legislation of the
State party, the age of majority is 16 years, in particular with
respect to the minimum age of marriage, age of criminal
responsibility, protection against corruption of minors and
protection against night work. …
The Committee calls on the State party to prioritize the
revision and
amendment, as appropriate, of existing legislation, inter
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alia, the Family Code, the Penal Code and the Labour Code,
with a view to raising the age of majority to 18 years, in
conformity with the Convention and to consider
withdrawing its declaration to article 1 of the Convention,
even though the revision of the relevant legislation is
not yet accomplished. (CRC: Concluding Observations, Aug.
2011).
Cyprus
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Czech Republic
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Democratic
Republic of the
Congo
14 for girls under the 1987 Family
Code but 18 under the 2009
Protection of Children Act; 18
years for men.
(CEDAW: State Party Report, Dec.
2011)
The Committee is concerned about: (a) The existence of
discriminatory provisions in the 1987 Family Code, including:
... the different minimum age of marriage for girls and boys
(article 352); (b) The Committee is also concerned about the
persistence of the practices of early marriage, ...
The Committee recommends that the State party: (a)
Withdraw the discriminatory provisions of the 1987 Family
Code, including ... the different minimum age of marriage for
girls and boys (article 352); (b) Raise the legal age of
marriage to 18 for girls; (c) Sensitize traditional leaders on
the importance of eliminating discriminatory practices such
as polygamy, early marriage... (CEDAW: Concluding
Observations, advance unedited version, July 2013).
The Act on the protection of children prohibits child
marriage. Contrary to the Act on the Family Code, which sets
the age for marriage at 14 for girls and 18 for boys and
provides for the emancipation effect of marriage in the case
of girls under 18, the minimum age for marriage is 18 years
for both girls and boys. The discrimination was corrected by
the new Act of 10 January 2009 on the protection of
children. (CEDAW: State Party Report, Dec. 2011).
--The Committee is concerned that the legal minimum age for
marriage is 15 years for girls.
The Committee urges the State party to raise the minimum
legal age of marriage for girls to that of boys.
The Committee is concerned that the law sets the marriage
of girls at the age of 15 and is even more concerned that
some girls get married at an
even lower age. The Committee is concerned that, while the
law prohibits forced marriages, in practice such marriages
still occur. The Committee regrets that, while the 2006 law
on sexual violence is considered to prohibit marriage under
the age of 18, this prohibition is not explicit and, furthermore
the law is not sufficiently disseminated.
The Committee urges the State party to:
(a) Implement and apply legislative and other measures to
prohibit traditional practices that are harmful to children,
including female genital mutilation, as well as forced and
early marriages; (b) Ensure that legislation prohibiting
forced and early marriages provides for appropriate
sanctions, and that perpetrators of such acts are brought to
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justice; and (c) Continue and strengthen awareness-raising
and sensitization activities
on the harmful impact of forced and early marriages for
families, in cooperation with traditional or religious leaders
and the general public in order to encourage change
conducive to the elimination of harmful practices. (CRC:
Concluding Observations, Feb. 2009).
Denmark
18 years; in respect of Faroe
Islands, under 18 with consent of
the High Commissioner.
(CEDAW: State Party Report, Oct.
2004)
Djibouti
18 years; any age with consent of
guardian or judge.
(CEDAW: Concluding
Observations, Aug. 2011)
Women and men must be 18 years of age before they are
permitted to marry. If a person is under the age of 18, the
Danish High Commissioner resident in the Faroes must grant
permission that either the man or the woman may marry.
(CEDAW: State Party Report, Oct. 2004).*
--***
The Committee notes with concern that under the 2002
Family Code: (c) Derogations from the minimum marriage
age (18 years) are permitted subject to the consent of the
legal guardian of the minor or authorization by a judge (art.
14).
The Committee … calls upon the State party to eliminate
discrimination against women and girls in all matters
relating to marriage, family relations and succession by
repealing or amending the above discriminatory provisions
of the Family Code, with a view to bringing them into
conformity with the Convention, within a clear time frame.
(CEDAW: Concluding Observations, Aug. 2011).
-The Committee notes that the State party has been carrying
out awareness raising activities to combat harmful
traditional practices, including early marriage, and welcomes
the raising of the minimum age for marriage of girls to 18
through the Family Code. However, the Committee notes
that there are exceptions to this age, including when the
marriage is consented to by the child’s guardian, and is
concerned that there is no minimum age threshold for such
exceptions.
Dominica
18, 16 years with consent.
(CRC: State Party Report, Oct
2003)
The Committee urges the State party to: (a) Apply
legislative and other measures to prohibit harmful
traditional practices, including … early marriage; (b) Set a
minimum age threshold for exceptions to the Family Code
minimum age of 18 for marriage, including consent of a
child’s guardian to a marriage; (c) Ensure that legislation
prohibiting harmful traditional practices provides for
appropriate sanctions and that perpetrators of such acts
are brought to justice; (d) Strengthen awareness-raising
and sensitization activities for practitioners, families,
traditional or religious leaders and the general public in
order to encourage changes in attitudes; … (CRC: Concluding
Observations, Oct. 2008).
The minimum age at which someone may enter marriage is
16 years. The Marriage Act, (chap. 35:01, sect. 29 (2)) states:
“Any marriage solemnised or celebrated between persons of
whom is under the age of sixteen years shall be null and
void.” The Act specifies that where either of the parties, not
being a widower or widow, is under the age of 18 years, no
marriage shall take place between them until the consent of
a parent or guardian is obtained. The court may dispense
with such consent on the application to the court by either
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Dominican
Republic
18 years; 15 years for girls, 16
years for boys with parental
consent.
(CRC: State Party Report, July
2007)
party (sect. 31). (CRC: State Party Report, Oct. 2003).*
--****
The Committee also expresses concern about the legal
minimum age of marriage, which remains at 15 years for
girls, while it is 18 years for men under the Code.
…It also recommends that the State party raise the legal
minimum age of marriage for women to 18 years and adopt
effective measures to prevent early marriages. (CEDAW:
Concluding Observations, July 2013).
--The Committee also notes that girls are not given the same
status as boys in legal regulations, family and society as for
example is clear from the different regulations for the
marriage age of boys and girls. …
The Committee urges the State party to review all laws and
regulations in order to ascertain whether they clearly
prohibit any differential treatment of children with regard
to race, colour, sex, national, ethnic or social origin,
disability, birth or other status and to ensure the full
implementation of these laws, which guarantee the right to
equal treatment and non-discrimination. (CRC: Concluding
Observations, Feb. 2008).
According to article 56 (2) of Act No. 659 concerning the Civil
Status Acts of 1944: “Minors under the age of 18 may not
marry without the consent of their parents or surviving
parent.” This means at the age of 17. Article 56 (5) adds a
minimum age restriction, subject to dispensation by a lower
court judge: “Male persons, before they have completed 16
years, and female persons before they have completed 15
years may not enter into a marriage contract; this age rule
may be waived by a lower court judge if appropriate.” (CRC:
State Party Report, July 2007).
Ecuador
12 years for girls, 14 for boys with
parental consent.
(CRC: Concluding Observations,
March 2010)
Egypt
18 years (implied).
(CRC: Concluding Observations
July 2011)
The Committee notes the formal distinction made in the
State party between a child (under 12 years) and an
adolescent (between the ages of 12 and 18 years). While
noting the proposed changes to the Civil Code, the
Committee is deeply concerned at the continuation of the
legal minimum age for contracting marriage for girls at 12
years and for boys at 14 years.
The Committee recommends that the State party set the
minimum age for marriage for girls and for boys at 18 years
of age. (CRC: Concluding Observations, March 2010).
--****
The Committee welcomes the definition of a child as a
person under the age of 18 in article 2 of the Child Law
(2008) and that marriage of persons under the age of 18
cannot be registered pursuant to new article 31 bis of the
Civil Status Act No. 143 (1994). The Committee is
nevertheless concerned that domestic law still falls short of
an explicit prohibition and criminalization of marriages of
persons below eighteen years of age.
The Committee reiterates its earlier recommendation and
urges the State party to explicitly prohibit and criminalize
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marriage of persons below the age of 18 in domestic
legislation.
The Committee urges the State party to: (a) Intensity efforts
to prevent and eliminate all forms of child marriages, in
particular by prohibiting by law any marriage between
persons below the age of 18… and by strengthening the
joint efforts by the Anti-Trafficking Unit of the NCCM, law
enforcement agencies, the public prosecutor’s office, the
judiciary, and civil society to identify and punish individuals
performing and facilitating child marriages; (b) Consider
designing a programme… to prevent and eradicate
“temporary”/”tourist” marriage of children. (CRC:
Concluding Observations, July 2011).
--While commending the State party for … having raised the
age of marriage from 16 to 18 years for both males and
females, the Committee is concerned about the high number
of early marriages of girls, especially in rural areas….
The Committee also calls upon the State party … to take all
necessary measures to combat the practice of early
marriage.
El Salvador
18 years; 14 under certain
conditions, i.e. when they have
reached puberty, already have a
child or if the girl is pregnant.
(CRC: Concluding Observations,
Feb. 2010)
Equatorial
Guinea
Unclear.
(CEDAW: Concluding
Observations, Nov. 2012)
The Committee is concerned about the so-called “tourist
marriages” or “temporary marriages” of young Egyptian girls
… The Committee urges the State party to adopt all
necessary measures to prevent and combat this negative
phenomenon…. (CEDAW: Concluding Observations, Feb.
2010).
The Committee reiterates its previous concern about the
provisions in the Family Code still allowing marriage to be
contracted by children as young as 14 years under certain
conditions, i.e. when they have reached puberty, already
have a child or if the girl is pregnant.
The Committee reiterates its recommendation that the
State party set the minimum age for marriage for both girls
and boys at 18 years. (CRC: Concluding Observations, Feb.
2010).
See Annex XVI of CRC State Party Report 2009 for reference
to exceptions to 18 years (in Spanish).
--****
The Committee is concerned at the existence of a dual
system of law, civil and customary… It is particularly
concerned that the information provided suggests that the
draft Personal and Family Code and the Bill on Customary
Marriages are not in conformity with the Convention, for
instance with respect to … the minimum age of marriages ….
The Committee calls upon the State party to eliminate
discrimination against women in all matters relating to
marriage, family relations and succession by: Revising the
draft Personal and Family Code along with the Bill on
Customary Marriages with the view to eliminating possible
inconsistencies and overlapping between them and
ensuring that they, inter alia, prohibit polygamy, raise the
minimum age of marriage for women to 18 years…
(CEDAW: Concluding Observations, Nov. 2012).
www.equalitynow.org/childmarriagereport
There is no set minimum age for marriage or for first sexual
intercourse. There are plans to establish a marriageable age,
which will also be the age of civil majority. (CEDAW: State
Party Report, Feb. 2004).
--The Committee notes that the State party’s legislation sets
18 years old as the age of majority, but is concerned about
the application of the Spanish laws from before 1968 with
regard to the minimum legal age for … marriage. It is also
concerned about the young age at which girls can marry
according to traditional customs and about the high number
of girls who do marry early.
Eritrea
18 years or 16 if pregnant; but
major exception for customary
marriages.
(CRC: Concluding Observations,
June 2008)
The Committee recommends that the State party review
the age limits set by different legislation affecting children,
in particular the Spanish laws from before 1968, to fully
ensure that they are in conformity with the principles and
provisions of the Convention. The Committee also
recommends that the State party take all necessary
measures to prevent illegal, early and/or forced marriages.
(CRC: Concluding Observations, Nov. 2004).
The Committee reiterates its concern … that while the
Constitution and the Civil Code formally set 18 years-old as
the minimum age to enter into marriage, customary laws do
not have the same minimum marriage age and are often
applied differently to boys and girls. The Committee notes
that in practice many children, especially girls, are married
between the ages of 13 and 15. The Committee is
furthermore concerned over reports which indicate that the
rate of child marriages is increasing.
The Committee, while noting the efforts undertaken by the
State party in this regard, recommends that the State party
enforce legislation on the minimum age of marriage at 18
and develop further sensitisation programmes involving
community, traditional and religious leaders as well as
society at large, including children themselves, in order to
curb the practice of early marriage. (CRC: Concluding
Observations, June 2008).
Since the consideration of Eritrea’s first report by the
committee, an assessment has been made on the minimum
marriageable age in different ethnic groups… Article 581 of
the TCCE… states that no contract of marriage shall be valid if
either of the parties is under eighteen years of age… (CRC
State Party Report, Oct. 2007).
--While noting that the Transitional Code of Eritrea
adopted in 1991 establishes a minimum age at marriage
... the Committee is concerned that these laws are not
enforced and that discriminatory customary laws and
practices continue to be applied.
The Committee calls on the State party to ensure full
compliance with the provisions of the Transitional Code on
marriage and divorce, including enforcement of the
minimum age at marriage… (CEDAW: Concluding
Observations, Feb. 2006).
All forms of marriage (except that of Sharia) including
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customary and religious marriages in the new draft civil
code/TCE [the Transitional Code of Eritrea] have common
binding conditions that enhance women’s rights in marriage
contracts. To mention few:
A man and a woman who have not both attained the full age
of 18 years may not contract marriage (Art. 521) in case the
woman is pregnant or has already given birth to a child at
the age of sixteen dispensation might be granted from the
rule concerning age. (CEDAW: State Party Report, Feb. 2004).
Estonia
18 for both; 15 with consent of
the court upon one parent’s
application.
(CEDAW Concluding
Observations, 2007; CRC State
Party Report, 2002)
Ethiopia
18 years.
(CEDAW: State Party Report, April
2010)
The Committee is concerned that a minor between 15 and
18 years of age may legally marry.
The Committee urges the State party to raise the legal age
of marriage for women and men to 18 years, in line with
article 16, paragraph 2, of the Convention on the
Elimination of All Forms of Discrimination against Women,
the Committee’s general recommendation 21 and the
Convention on the Rights of the Child. (CEDAW Concluding
Observations, 2007).
According to § 3(4) of the Family Law Act, a court may grant
permission to marry on the application of one parent or the
guardianship authority to a minor between ages of 15 and 18
if the marriage is in the interest of the minor. (CEDAW: Reply
to List of Issues, April 2007)
--A person is of age to marry when he or she has attained 18
years of age. Minors between 15 and 18 may marry with the
written consent of their parents or a guardian. If one of the
parents or the guardian does not consent to the marriage, a
court may grant the right to marry based on the application
of one of the parents or of the guardianship authority. The
court grants the right to marry if the marriage is in the
interests of the minor (Family Act, art. 3). (CRC State Party
Report, 2002).*
The Committee takes note of the criminalization of harmful
traditional practices, such as female genital mutilation, early
marriage and abduction of girls for marriage in the revised
Criminal Code …
The Committee reiterates its concern that not all regional
states have adopted regional family laws in conformity
with the Federal Family Code (2000) and the Convention,
which recognize the equal right of women and men to
freely enter into marriage… and set the minimum age of
marriage at 18 years, and that some regional states
continue to apply their previous discriminatory family
laws….
The Committee … calls on the State party to ensure that all
regional states adopt family laws in conformity with the
Federal Family Code and the Convention and to take
measures, including awareness-raising and training, to
sensitize the population and to enable public officials to
effectively enforce the revised Family Code, in particular
the equal right of women and men to freely enter into
marriage … and the minimum age of marriage of 18 years.
(CEDAW: Concluding Observations, July 2011).
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The Family Code rose the minimum age of marriage to 18
years and the Criminal Code criminalises early marriage. A
person concluding marriage with a girl less than 18 years will
be criminally liable with rigorous imprisonment, among
others. (CEDAW: State Party Report, April 2010).
--The Committee welcomes a number of positive
developments in the reporting period … (c) The provision in
the Revised Family Code setting 18 years of age for marriage
for both girls and boys;…
…the Committee remains concerned that FGM and forced
and early marriages of girls through abduction are still widely
practiced…
The Committee recommends that the State party adopt a
comprehensive strategy to prevent and combat harmful
traditional practices… The legislation prohibiting harmful
traditional practices and forced and early child marriages
should be strictly enforced. (CRC: Concluding Observations,
Nov. 2006).
As per the recommendations of the UNCRC Committee, the
minimum age for the consummation of marriage for both
sexes now stands at 18 years. (CRC: State Party Report, Oct.
2005).
Fiji
21 years for both; 16 years for
girls, 18 years for men with
parental consent.
(CEDAW: State Party Report, Jan.
2010)
The Committee recommends that the State party
harmonize the minimum age for marriage with the
principles and provisions of the Convention. (CRC:
Concluding Observations, June 1998).
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Finland
France
Fiji however maintains the marriageable age of 16 for
females and 18 for males – Marriage Act (Cap 50) 1969, with
parental consent required until either party is 21 years of
age. (CEDAW: State Party Report, Jan. 2010).*
--The Committee expresses its concern at the fact that the
minimum age for
marriage, set at 16 for girls and at 18 for boys, is
discriminatory and contrary to the principles of the
Convention. …
18 years; dispensations for
serious reasons may, however, be
granted by the Public Prosecutor.
(CRC: State Party Report, Feb.
2008).
The Committee notes with appreciation the positive
developments related to the implementation of the
Convention, such as:… Law No. 2006-399 of 4 April 2006,
which strengthens the prevention and punishment of
domestic violence and violence against children and raises
the legal minimum age for marriage for girls to 18 years old.
(CRC: Concluding Observations, June 2009).
The Government draws the Committee’s attention to the
reform introduced by Law No. 2006-239 of 4 April 2006 on
acts of violence within the couple or against minors, which
gives effect to one of its recommendations (paragraph 17).
The minimum legal age for marriage for women is now
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aligned with that for men, rising from 15 to 18 years and
ending a difference that has existed since 1804.
Dispensations for serious reasons may, however, be granted
by the Public Prosecutor.
Gabon
15 years for girls; 18 years for
men.
(CEDAW: State Party Report, June
2003; CRC Concluding
Observations, April 2002).
In addition, France has just ratified the Convention on
Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages (Law No. 2007-1163 of 1 August
2007). (CRC State Party Report, Feb. 2008).
--****
The Committee is concerned about the persistence of
discriminatory provisions in family law, especially in regard
to marriage, as well as the persistence of traditions that
discriminate against women and girls. In particular, the
Committee is concerned at the age of consent to marriage
for girls being 16 years, whereas it is 18 for boys…
The Committee urges the State party to give high priority to
the planned revision of the law governing marriage, its
dissolution and family relations so as to ensure compliance
with article 16 of the Convention and in line with the
Committee’s general recommendation 23 on marriage and
family relations.
The Committee is concerned that the law allows marriage
under the age of 18 in “special and necessary cases” and that
a considerable percentage of women do marry before they
reach the age of 18.
The Committee recommends that the State party prohibit
under-age marriage in all circumstances. The Committee
also recommends that the State party provide in its next
report information on the results of the data collected onsite regarding early marriages and measures taken to
prevent them. (CEDAW: Concluding Comments, Feb. 2005).
Article 203 of the Civil Code establishes the minimum age for
marriage at 15 for young girls and 18 for young men.
However, article 492 of the Civil Code establishes the age of
majority at 21 for men and women. (CEDAW: State Party
Report, June 2003).
--The Committee is concerned at the difference between the
minimum legal ages for marriage of boys (18 years) and girls
(15 years), which is gender discriminatory and allows for the
practice of early marriages.
The Committee recommends that the State party set the
same minimum age for marriage for girls and boys by
increasing the minimum age for girls, and develop
sensitisation programmes involving community leaders,
and the society at large, including children themselves, to
curb the practice of early marriage. (CRC: Concluding
Observations, April 2002).
Gambia
Not noted.
The representative also drew attention to the Children’s Act
2005 which contained specific provisions against trafficking
of children, child marriages, child betrothal and harmful
traditional practices….
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While welcoming the adoption of the Children’s Act, which
includes provisions against child marriage and child
betrothal, the Committee expresses concern about the high
incidence of early marriages in the country.
The Committee urges the State party to ensure the
implementation of the Children’s Act and to undertake
awareness-raising measures throughout the country on the
negative effects of early marriage on women’s enjoyment
of their human rights, especially the rights to health and
education. (CEDAW: Concluding Comments, July 2005).
In The Gambia, there is no minimum legal age for marriage.
The constitution states only that men and women of full age
and capacity shall have the right to marry and found a family.
This however does not prohibit child marriage. Thus under
customary law girls are married off at an age when they are
not ready or prepared to take over the responsibilities of
parenthood. (CEDAW: State Party Report, April 2003).
--[T]he Committee encourages the State party to take the
necessary legislative measures: (a) To establish a clear
definition of the child in accordance with article 1 and other
related principles and provisions of the Convention; (b) To
set the legal minimum age for marriage of girls and boys at
18 years; (CRC: Concluding Observations, Nov. 2001).
Georgia
18 years; 16 years may be
authorized.
According to article 1106 of the Civil Code of Georgia,
marriage is the voluntary union of a woman and a man for
creating a family, which is registered with a territorial unit
of the Civil Registry Agency. The legislation defines 18 years
as age of marriage. In exceptionally situation, with the
written approval of a parent or other legal guardian, the
marriage is also allowed from 16 years. In case of refusal of
a parent or other legal representative, in particular situation
such an approval may be made by the court, in case of joint
declaration by both persons to be married. (CEDAW: State
Party Report, Oct. 2012).**
--***
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
18 years; can be married younger
under customary law.
The Committee is furthermore concerned that, even though
the Children’s Act 1998 (Act 560) sets the minimum age of
marriage at 18 years, customary practices still lead to child
betrothals and child marriages.
Germany
Ghana
(CEDAW: Concluding
Observations, Aug. 2006)
The Committee urges the State party to harmonize civil,
religious and customary law with article 16 of the
Convention, and to effectively implement the Children’s Act
1998 (Act 560) prohibiting child marriages. (CEDAW:
Concluding Observations, Aug. 2006).
The Children’s Act, 1998 (Act 560) sets the minimum age of
marriage as eighteen (18) years in Section 14(2), however
customary practices around the country still lead to child
betrothals and child marriages. (CEDAW: State Party Report,
April 2005).
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--Concern is also expressed about the persistence of early
marriages and other harmful traditional practices such as
Trokosi.
The Committee recommends that the State party
strengthen its legislative measures and conduct awarenessraising campaigns to combat FGM and eradicate this and
other traditional practices harmful to the health, survival
and development of children, especially girls. The
Committee recommends that the State party introduce
sensitisation programmes for practitioners and the general
public to encourage change in traditional attitudes and
prohibit harmful practices, engaging with the extended
family as well as with traditional and religious leaders.
(CRC: Concluding Observations, March 2006).
The legal minimum age for marriage of whatever kind is 18
years under The Children’s Act. A child has the right to refuse
betrothal; to be a subject of a dowry or transaction and to be
married under 18 years. The DSW, CHRAJ and WAJU protect
children under eighteen (18) years from forced marriage. In
cases where juveniles are forced to marry, action is
instituted at the Court and the parents of the juvenile
together with the would-be-husband are restrained from
executing the marriage. (CRC: State Party Report, July 2005).
Greece
Unclear.
In this regard, the Committee is concerned about the nonapplication of the general law of the State party to the
Muslim community of Thrace regarding marriage and
inheritance, as well as about the persistence of polygamy
and early marriage in the Muslim and Roma communities.
The Committee is also concerned at the absence of legal
provisions governing existing de facto unions, which may
deny women protection and redress in case of separation in
the absence of a prior property agreement between the
partners.
The Committee recommends that the State party:
(a)
Fully harmonize the application of local Sharia
law and general law in the State party with the provisions
on non-discrimination of the Convention, in particular with
regard to marriage and inheritance;
(b)
Strengthen its enforcement efforts to prohibit
polygamy and forced or early marriages, in line with the
Committee’s general recommendation No. 21 (1994) on
equality in marriage and family relations, by raising
awareness about the detrimental effects of these practices
including on girls’ health and completion of education, and
effectively investigate, prosecute and punish perpetrators
of forced or early marriages; (CEDAW: Concluding
Observations, March 2013).
--The Committee is concerned that the application of sharia
law in some matters of family law within the Muslim
community of Thrace is not always compatible with the
principles and provisions of the Convention, in particular
with reference to the practice of early marriages, despite the
efforts taken by the State party to control it, and in matters
of inheritance, which discriminates against girls.
The Committee recommends that the State party take steps
to ensure that domestic legislation is fully compatible with
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Grenada
21 years; 16 with parental
consent.
(CEDAW: State Party Report, May
2010)
the principles and provisions of the Convention and has
precedence over customary practices, including the
application of sharia law in the Muslim community of
Thrace. (CRC: Concluding Observations, Aug. 2012).
The Committee is concerned that certain legal provisions and
procedures in the State party discriminate against women or
reflect negative gender stereotypes, including in (…) the
priority of parental consent of marriage for persons under 18
years (…).
The Committee calls on the State party: (a) To
systematically review its laws and regulations in order to
amend gender-based discriminatory provisions in its
legislation and administrative regulations (…). (CEDAW:
Concluding Observations, March 2012).
Guatemala
“age of majority”; 14 for girls, 16
years for boys with parental
consent.
(CRC: Concluding Observations,
Oct 2010)
Guinea
18 years; younger with consent.
(CRC: Concluding Observations,
June 2013)
The state does not permit marriage of either males or
females who are under the age of sixteen. For persons
between sixteen and twenty-one, parental consent is
required, from
either a parent or legal guardian. (CEDAW: State Party
Report, May 2010).
--***
The Committee notes that the age of consent for marriage is
the age of majority and that authorization of early marriage,
which is 14 years of age for girls and 16 for boys, is granted
on an exceptional basis and requires parental consent.
The Committee reiterates its recommendation that the
State party review its legislation with a view to amending
the Civil Code and increase the minimum age of marriage
for girls to 16 as for boys, and only in exceptional cases,
under the control of the judiciary. (CRC: Concluding
Observations, Oct. 2010).
--****
While welcoming… that the minimum legal age of marriage is
now fixed at 18 years for both boys and girls, the Committee
is concerned that article 269 of the Children’s Code allows
the marriage of boys and girls under 18 years, with the
consent of their parents or legal guardians.
The Committee urges the State party to amend article 269
of the Children’s Code and eliminate all discrepancies linked
to the age of marriage.
The Committee also expresses deep concern at the
prevalence of early and forced marriages… including
marriages as a mean of “compensation” or “settlement”
organized by families.
The Committee recommends that the State party: (a)
Enforce existing legislation prohibiting FGM and early and
forced marriage… (b) Strengthen efforts to raise
awareness… on the harmful impact of FGM and other
harmful traditional practices on the psychological and
physical health and welfare of the girl child, as well as her
future family;… (CRC: Concluding Observations, June 2013).
www.equalitynow.org/childmarriagereport
Early marriage is prohibited by law: the Civil Code sets the
minimum legal age for marriage at 18 years for both girls and
boys. (CRC: State Party Report, April 2012).
--The Committee is concerned about various prevailing
discriminatory provisions in the Civil Code, such as a
lower age of marriage for women (17 years) than for
men (18 years), ...
The Committee urges the State party to place high
priority on the speedy adoption of the draft civil code in
order to bring the relevant provisions promptly into line
with articles 1, 2, 15 and 16 of the Convention. The
Committee calls upon the State party to increase its
efforts to sensitize public opinion regarding the
importance of this reform, in order to achieve full
compliance with its provisions. (CEDAW: Concluding
Observations, Aug. 2007).
Guinea-Bissau
18 years.
(CRC: Concluding Observations,
July 2013)
The Committee welcomes the adoption of the Act of
Reproductive Health of March 2011, which raises the
minimum age for marriage to 18 years. However, the
Committee is deeply concerned at the increased prevalence
of forced and early marriage of girls, at times even before
they reach the age of 15 years, particularly in poor rural
areas.
The Committee recommends that the State party take
concrete measures in order to combat and prevent forced
and early marriage of girls by: (a) Rigorously enforcing
existing legislation, promoting increased school enrolment
of girl children, and establishing a community-level
dialogue on gender and child protection issues; (b)
Establishing in regions of high prevalence of forced and
early marriages a synergy among the education and the
social protection sectors which will increase enrolment of
girl children in schools; (c) Developing an education grant
scheme for girls in areas of high prevalence; (d)
Strengthening community-based sensitization on the
importance of education. (CRC: Concluding Observations,
July 2013).
For the purpose of marriage, the law has established 16 as
the age limit (art. 1602 a) CC), for both sexes in obedience to
the principle of equality as established by the CRGB
(Constitution of the Republic of Guinea-Bissau). Despite the
fact that the Law does not allow for marriage of people who
are under 16 years of age, this can only be celebrated with
the consent of their representatives (parents or guardians).
Thus, an underage child who marries without the consent of
his/her representatives remains unable to administer the
assets that he/she may have taken into the union. (CRC:
State Party Report, Dec. 2011).
--The Committee expresses concern that such norms, customs
and practices justify and perpetuate discrimination against
women, including violence against women and the
persistence of harmful traditional practices … early and
forced marriage. It regrets that no sustained and systematic
action has been taken by the State party to modify or
eliminate such harmful traditional practices….
www.equalitynow.org/childmarriagereport
Guyana
18; 16 years with parental or
judicial consent.
(CRC: State Party Report, Jan.
2012)
The Committee … urges the State party to put in place,
without delay, a comprehensive strategy, including clear
goals and timetables, to modify or eliminate cultural
practices and stereotypes that are harmful to, and
discriminate against, women and to promote women’s full
enjoyment of their human rights… This strategy should
include specifically designed educational and awarenessraising programmes targeting women and men at all levels
of society, including Government officials and traditional
and community leaders, and should be aimed at creating an
enabling environment for the transformation and change of
stereotypes and discriminatory cultural values, attitudes
and practices. (CEDAW: Concluding Observations, Aug.
2009).
While noting the adoption in 2006 of the Criminal Law
(Offences) (Amendment) Act, colloquially termed the “Age of
Consent Act”, and the consequential amendment to the
Marriage Act in 2006, prohibiting children below the age of
16 years from entering into marriage, the Committee
remains concerned at reports that the phenomenon of early
marriage persists.
The Committee calls upon the State party: (a) To ensure de
facto criminalization of early marriage. (CEDAW: Concluding
observations, Aug. 2012).
Haiti
15 years for girls; 18 years for
men.
(CEDAW: State Party Report, July
2008)
Honduras
21 years.
(CRC: State Party Report, July
2006)
Hungary
16 years; under 16 with judicial
The Marriage (Amendment) Act was passed simultaneously
to allow for marriages at the age of 16 to 18
with parental agreement and at 18 of their own volition.
(CEDAW: State Party Report, Aug. 2010).
--Concomitantly the Marriage Act was also amended to reflect
the change in the age of consent. Children below the age of
16 cannot get married and those at the age of 16 or 17 can
get married with the consent of their parents or with the
leave from the Chief Justice. No child can be forced into
marriage and if any such marriage is celebrated, then it‘s null
and void. (CRC: State report, Jan. 2012).*
A girl’s consent may be heavily
influenced by the parents or third parties because, contrary
to the Constitution which established 18 as the minimum
legal age for both sexes, Article 133 of the Civil Code sets the
minimum age required for marriage at 18 for boys and 15 for
girls. (CEDAW: State Party Report, July 2008).*
--The Committee is concerned about the difference in the
minimum legal age of marriage of girls (15 years) and boys
(18 years).
The Committee recommends that the State party raise the
minimum legal age of marriage of girls to that of boys. (CRC:
Concluding observations, March 2003).
As may be observed, full capacity to perform civil acts is
acquired at 18 years. However, there is an inconsistency in
that young people may not marry until 21 years …. (CRC:
State Party Report, July 2006).*
--****
… The Committee is concerned that children under 16 years
www.equalitynow.org/childmarriagereport
consent.
(CEDAW: Concluding
Observations, Aug. 2007; but see
CEDAW: State Party report from
2000).
can get married upon obtaining authorization from the Court
of Guardians.
The Committee recommends that the State party: (b) Raise
the legal age of marriage for women and men to 18 years
and institute measures to prevent early marriages. (CEDAW
Concluding Observations, March 2013).
Based on Section 12 of the Civil Code the person is a minor if
he/she is under 18 unless he/she has already married.
Furthermore, as to the recommendation regarding the
minimum age limit for marriage we wish to mention that
since Act IV of 1952 on marriage, family and guardianship
(hereinafter Csjt.) was amended through Act IV of 1986
(hereinafter Csjt.II) the age limit for marriage has been
appropriately applied as far as marriage incapacities are
concerned. Accordingly, adult women and men may marry.
Furthermore, persons under 16 with diminished capacity
may marry in possession of the preliminary license of the
court of guardians. ...
The aspects related to the issue of the license are
appropriately regulated in Sections 34 and 36 of Government
Decree 149/1997 (IX.10.) on the courts of guardians and on
the child protection and child welfare proceedings. “The
court of guardians shall issue the preliminary license for
marrying if marriage is for the interest of the minor, the
application for the license has been submitted by the minor
of his/her free will together with the documents necessary
for the license (medical certificate, income certificate,
participation in family protection consultancy).”
According to the Csjt. the court of guardians shall decide on
the license after hearing the parent (legal representative)
[Subsection (4) of Section 10 of Csjt]. Minors are under
parental supervision or guardianship, therefore, the guardian
shall be heard in certain cases. Hearing means that the court
of guardians shall ask the above persons to express their
opinion which shall be assessed by it but the decision shall
not be subject to said opinion.
According to the above, as a main rule, adult persons may
marry based on the Hungarian law as well and persons under
18 may do so only in exceptional cases, with appropriate
guarantees. (CEDAW State Party report, Sept. 2011).
--Marriage is a state monopoly in Hungary; it is registered in all
cases. Minors may get married with permit issued by the
guardianship authority, in which case the authorities always
take account of the interests of the child of the couple.
(CEDAW State Party Report, 2006).
The Csjit. Regards the full age as legal majority of marriage.
The person completing his/her eighteenth year becomes of
full age and has disposing capacity… The minor over 14 has
partial disposing capacity… This latter has to be ascertained
in a judicial decision. So only men and women of full age may
get married. Persons having partial disposing capacity in
consequence of their age – between 14 and 18 – may get
married only over 16 and only with the permission of the
www.equalitynow.org/childmarriagereport
public guardianship authority. Therefore minors under 16
can not get married even with the permission of the public
guardianship authority. (CEDAW State Party Report, 2000).
--In accordance with the Family Welfare Act, only males and
females of (legal) age may marry. Minors may marry only
with the preliminary approval of the guardianship
authorities. The guardianship authorities shall grant the
approval only in well-founded cases and only if the intending
spouses are at least 16 years old. (CRC State Party Report,
2005).*
Iceland
India
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
18 years for women; 21 years for
men (except under Mohammedan
Law).
(CRC: State Party Report, 2011)
The Prohibition of Child Marriage Act, 2006, specifies the
minimum age for marriage of girls as 18 years and for boys,
21 years. The legislation has several forward-looking
provisions, which include prohibition rather than prevention
of child marriage, provision of compensation to the victims
of child marriage, as well as enhanced punishments for all
those who have actively abetted and solemnized the
Marriage. (CRC: State Party Report, 2011).**
CRC 2004 Concluding Observations not included as outdated.
--The Committee urges the State party to take proactive
measures to effectively implement the Child Marriage
Restraint Act with a view to eradicating child marriages. It
recommends that the State party take comprehensive,
effective and stringent measures aimed at deterrence of
those engaged in child marriages, the elimination of such
practices and the protection of the human rights of the girl
child.
… the Committee is concerned that the State party has not
established a timeline for enactment of such legislation.
The Committee recommends that the State party take
proactive measures to speedily enact legislation to require
compulsory registration of all marriages, work with states
and union territories to effectively implement such
legislation and to consider withdrawing its reservation to
article 16 (2). (CEDAW Concluding Observations, Feb. 2007).
All Personal Laws, except the Mohammedan Law stipulates
the age of marriage to be 18 and 21 for girls and boys
respectively. The Child Marriages Restraint Act, 1978 also
stipulates the same. However marriage of minors continues
to take place in many parts of India, which has its roots in
tradition and culture, as is seen in infant marriages in
Rajasthan. The Child Marriage Restraint Act only penalizes
the offender but does not render the marriage void. The
social acceptability of early marriages has negated the
implementation of the law. (CEDAW: State Party Report, Oct.
2005).
[Note: not considered in 2010 CEDAW Concluding
Observations or most recent CEDAW State Party Report.]
www.equalitynow.org/childmarriagereport
Indonesia
Iran
16 years for girls, 19 years for
boys.
The Government shared the concern of the Committee with
regard to some practices of underage marriage in the
country, and has made efforts to address it.
(CEDAW: Concluding
Observations, Aug. 2007 and
State Party Report, July 2005)
To prevent underage marriages the Government conducted
a campaign on the risks of underage marriages in terms of
the physical, mental and economical aspects. This effort is
yet to show optimal results, because underage marriages are
still prevalent in certain regions. (CRC: State Party Report,
Oct. 2012).**
--The Committee is concerned about the discriminatory
provisions in the Marriage Act of 1974, which perpetuate
stereotypes by providing that men are the heads of
households and women are relegated to domestic roles,
allow polygamy and set a legal minimum age of marriage of
16 for girls. (CEDAW: Concluding Observations, Aug. 2007).
13 years for girls; 15 years for
boys.
(CRC: Concluding Observations,
March 2005)
Both men and women were granted the same right to enter
into marriage. The legal age at which a girl would be allowed
to marry was set at 16 and 19 for a boy, meanwhile the
Government encouraged them to delay marriage until the
girl attained the age of 20
and the boy 25. This was done In order to give them the
opportunity to continue their education and to be more
prepared and mature for the responsibilities of marriage. In
spite of this, early marriage continued to be practised widely,
especially in rural villages and urban slums. It was also been
proposed that the legal age for marriage should be similar to
the age recommended in Law No 23 of 2002 on Child
Protection which had been set at 18 years. (CEDAW: State
Party Report, July 2005).
The Committee notes the increase in the age of marriage for
girls from 9 to 13 years (while that of boys remains at 15)
and is seriously concerned at the very low minimum ages
and the related practice of forced, early, and temporary
marriages.
The Committee urges the State party to review its
legislation so that the age of majority is set at 18 years of
age and that minimum age requirements conform with all
the principles and provisions of the Convention and with
internationally accepted standards, and in particular that
they are gender neutral, in the best interests of the child,
and ensure that they are enforced. It should also take the
necessary steps to prevent and combat forced, early and
temporary marriages. (CRC: Concluding observations, March
2005).
Amendment and revision of the comment on article 1041 of
the Civil Law (vol. 2, book 7, chap. 2), regarding marriage of a
minor with the consent of the guardian, has been approved
by the Islamic Consultative Assembly (the Parliament). It is
under consideration by the Expediency Council of the
Regime for final ratification. Efforts are under way here that
increase the minimum marriage age for girls and boys. Early
and forced marriages should also be stopped. (CRC State
Party Report, Dec. 2003).
--Not a State Party to CEDAW.
www.equalitynow.org/childmarriagereport
Iraq
18 years; 15 with the consent of
legal guardian and judge
authorizes.
(CEDAW: State Party Report, Jan.
2013)
In respect of the contract of marriage, full legal capacity is
established if the legal terms and conditions are met, by
which is meant being of sound mind and of legal majority
(having reached the age of 18). The law does not require the
consent of the guardian of an adult woman aged 18 or above
in order to conclude the contract of marriage. …
The law exempts a person who has reached the age of 15
from the condition of legal majority and the judge may
permit him to marry if his eligibility to marry and physical
ability are proven, after obtaining the approval of his legal
guardian. Here, “guardian” means father or mother (trustee)
if the father is not present. If the guardian fails to respond
within a period determined
by the judge or makes an objection during this period that is
unworthy of consideration, the judge shall proceed to
authorize the marriage. (CEDAW: State Party Report, Jan.
2013).*
--Last CRC Concluding Observations are from 1998.
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Ireland
Israel
The law defines the contract of marriage as “a contract
between a man and a woman who is lawfully permissible to
him, the purpose of which is to establish a bond for a mutual
life and to procreate children” (art. 3.1). This
requires two conditions to be met:
• The offer: expressed either verbally or customarily by one
of the two
parties to the contract;
• The acceptance: namely the full consent of the other party
to the contract.
Unclear.
… The Committee is further concerned about the continuing
practices of polygamy and under-age marriage of girls that
are legitimized under different religious laws governing
personal status.
The Committee calls upon the State party to: (e) Take
effective measures to enforce adherence to the minimum
age of marriage, and, in this respect, take measures to raise
the minimum age of marriage to 18 years for both women
and men. (CEDAW Concluding Observations, April 2011).
The phenomenon of underage marriage still takes place in
certain segments of Israeli society, including those of the
ultra-orthodox Jews, Jews originating from Georgia and
Arabs. According to the Central Bureau of Statistics, in 2006,
more than 1,500 girls, younger than 17, were married… in
2005, 30 requests to allow the marriage of minors were
submitted to Family Matters Courts – 17 were approved.
During the years 1997-2005, more than a half of the 251
requests for marriage of minors were approved. During the
years 2000-2006, 41 complaints were submitted to the Police
due to violations of the Marital Age Law. In half of these
cases criminal files were opened and in all other cases it was
decided not to prosecute.
Usually under-age marriages take place in closed
communities, and are not published, therefore the likelihood
of acquiring evidence of the marriage or proving their very
www.equalitynow.org/childmarriagereport
existence, is quite low. Furthermore, for the reason
mentioned above, violations of this Law do not come to the
knowledge of the Police or other relevant bodies. (CEDAW
State Party Report, March 2010).
--The phenomenon of underage marriage still takes place in
certain Israeli population groups, including ultra-orthodox
Jews originating from Georgia, and Arabs. According to the
Central Bureau of Statistics, in 2004, 1,360 Arab-Israeli girls,
younger than seventeen, were married. Additionally, 44 per
cent of Arab women were married before the age of
nineteen. In 2005, the rate of marriage for Muslim girls was
more than 2.5 times higher than that of Jewish girls. Also in
2005, 30 requests to allow the marriage of minors were
submitted to Family Matters Courts – seventeen were
approved. During the years 1997–2005, more than half of
the 251 requests for the marriage of minors were approved.
During the years 2000–2006, 41 complaints were submitted
to the Police due to violations of the Marriage Age Law 57101950. In half of these cases criminal files were opened. In all
other cases it was decided not to prosecute. (CRC: State
Party Report, Aug. 2012).*
Italy
No information provided.
Jamaica
18 years; 16 years with parental
consent.
(CRC: State Party Report, Aug.
2011)
The Committee is further concerned at reports of the
prevalence of early marriage among Roma in Italy and at the
limited information from the State party on measures to
address this.
The Committee recommends that the State party:
(d)
Adopt measures to address harmful practices
such as early marriage; (CRC: Concluding Observations, Oct.
2011).
--The Committee also remains concerned at the violence
and discrimination on the grounds of sex that such
women face in their own communities, such as early
marriage. ...
The Committee urges the State party to:
(a) Intensify its efforts to eliminate discrimination
against Roma, Sinti, immigrant, refugee, asylumseeking and older women, with respect to accessing
education, health and employment;
(b) Collect statistics on early marriages among Roma
and Sinti girls; (CEDAW: Concluding Observations: Aug.
2011).
The Committee is concerned that, according to the Marriage
Act, the legal minimum age of consent for marriage is 16
years, with parental consent or that of a guardian. While
noting the response of the delegation which indicated that
few formal marriages of people under 18 years of age occur
in practice, the Committee remains concerned about the
possibility of such de facto marriages.
The Committee calls upon the State party to raise without
delay the minimum age of marriage to 18 years, in
accordance with its general recommendation 21 and the
Convention on the Rights of the Child. (CEDAW: Concluding
Observations/Comments, Aug. 2006).
No decision has been taken by the Government of Jamaica to
raise the minimum age of marriage. (CEDAW: Response to
www.equalitynow.org/childmarriagereport
list of issues, Feb. 2012).*
--A person may enter into a marriage legally at 16 years of age
with the consent of a parent or guardian except in the case
of a widow or widower or at 18 years of age without the
consent of any other person. Section 3 (2) of the Marriage
Act states that: "A marriage solemnized between persons
either of whom is under the age of 16 years is null and void”.
(CRC: State Party Report, Aug. 2011).**
Japan
16 years for girls, 18 years for
men.
(CRC: Concluding Observations,
June 2010)
The Committee expresses its concern that, despite a
recommendation in its previous concluding observations
to eliminate the difference between the minimum age of
marriage for boys (18 years) and girls (16 years), the
disparity remains.
The Committee recommends that the State party
reconsider its position by raising the age of marriage to
18 years for both sexes. (CRC: Concluding Observations,
June 2010).
Article 731 of the Civil Code provides that a man may not
marry until he has reached 18 years of age nor a woman
until she has reached 16 years of age. (CRC: State Party
Report, Nov. 2009)
--The Committee is concerned that, despite its
recommendation in its previous concluding
observations, discriminatory legal provisions in the Civil
Code with respect to the minimum age for marriage...
The Committee urges the State party to take
immediate action to amend the Civil Code with a view
to setting the minimum age for marriage at 18 for
both women and men... (CEDAW: Concluding
observations, Aug. 2009).
Jordan
18 years; under 15 for girls in
special situations.
(CRC: State Party Report, March
2013, CEDAW: Concluding
Observations, March 2012)
The Committee is further concerned that early marriage
remains lawful and, that girls can marry in exceptional cases
at the age of 15 years, which, among other things leads to girls
dropping out of school...
The Committee recommends that the State party review the
discriminatory provisions of the Personal Status Act and, in
particular:
(c)Prevent the practice of early marriage in all societal
groups, with a view to prioritizing the best interests of girls,
inter alia, their right to education; (CEDAW: Concluding
observations, March 2012).
The Civil Service Act makes competence to contract marriage
conditional upon both prospective parties’ being at least 18
years of age. The exception to which the Committee’s
recommendations refer is contained in guidelines issued
pursuant to the Personal Status Act. It exists for special
situations requiring legal capacity for marriage to be
recognized in the case of a woman who is under 18 years of
age. (CEDAW: State Party Report, Sept. 2010).
www.equalitynow.org/childmarriagereport
--… As regards the minimum age of marriage and the
Committees previous recommendation in this regard
(CRC/C/15/Add.125, paras.27-28), the Committee notes with
appreciation the amendment of the interim Personal Status
Act (Law No. 82 of 2001) which sets the minimum age for
marriage at 18 years for both sexes. However, the Committee
is concerned that, notwithstanding the law amendment and
the media campaigns aimed at raising awareness of the health
risks and adverse social effects of early marriage, in some
communities girls as young as 14 and 15 may be married with
the consent of a guardian and a judge.
The Committee recommends that the State party strengthen
its efforts to effectively implement the amended provision of
the interim Personal Status Act (Law No. 82 of 2001) which
sets the minimum age for marriage at 18 years for both
sexes. The Committee also recommends that the State party
address the poverty related parental pressure placed on girls
to marry at an early age and continue to undertake
awareness-raising campaigns concerning the many negative
consequences resulting from early marriages in order to fully
prevent this practice. (CRC Concluding Observations, Sept.
2006).
---In paragraph 27 of the concluding observations, the
Committee expresses concern about the fact that girls as
young as 14 and 15 may be married with the consent of a
guardian and a judge. In that connection, the interim Personal
Status Code (Act No. 36 of 2010), by which Act No. 61 of 1976
was abrogated, states (art. 14) that to be deemed to have the
capacity to marry, the bride and groom must be of sound
mind and must have reached the age of 18 Gregorian years. A
judge may give permission for persons below the age of 15
Gregorian years to marry, provided that the Chief Justice also
gives his permission and that the conditions in the directives
that he issued in 2002 are met… Article 279 of the Criminal
Code, as amended by Act No. 8 of 2011, states that a term of
between 1 month and 6 months in prison will be imposed on
anyone who performs or takes part in a marriage ceremony
that is conducted in breach of the Personal Status Code or any
other applicable law. (CRC: State Party Report, March
2013).**
Kazakhstan
18 years for men and women; 16
with permission from court.
(CEDAW: State Party Report,
March 2012)
Kenya
18 years.
(CEDAW: State Party Report,
March 2010)
The law on marriage and the family establishes the age for
marriage for men and for women to be 18. If there are
legitimate reasons, civil registry authorities may lower the
age for marriage by no more than two years. (CEDAW: State
Party Report, March 2012).**
--***
The Children’s Act of 2001 provides for protection against
early marriage and prevention of consequential health and
education implications. The law has removed ambiguity and
contradictions in the age of marriage by stipulating that the
minimum age of marriage for both boys and girls is 18 years.
However, implementation is still quite slow as many girls are
forced out of school and into marriage as early as 12 or 13
years. (CEDAW: State Party Report, March 2010).*
--The Committee notes with concern that there are various
www.equalitynow.org/childmarriagereport
minimum ages for marriage under different laws and that
they are not the same for boys and girls and welcomes the
information that this concern will be addressed in a review of
the Children’s Act.
The Committee recommends that the State party expedite
the review of the Children’s Act, inter alia with a view to
establishing a minimum age for marriage that is the same
for both boys and girls and is set at the intended age of 18.
(CRC: Concluding Observations, June 2007).
The Children Act indirectly defines the minimum age for
marriage as 18 years by prohibiting the marriage of any child.
However, there are other statutes in place that have
different minimum ages for marriage namely, The Hindu
Marriage and Divorce Act and the Marriage Act. These
statutes provide that the minimum age for marriage for a girl
is 16 and minimum age of marriage for a boy 18. Customary
law and Islamic law, Sharia, allow for persons under the age
of 18 to be married.
Early marriage is still a common occurrence in this country
owing to customary laws that allow marriage of children
especially after certain rites of passage such as circumcision.
The Draft Constitution seeks to address the variations in the
minimum age of marriage by having an overriding provision
that laws inconsistent with the Constitution will be null and
void. (CRC: State Party Report, July 2006).
Korea,
Democratic
People's
Republic of
(North Korea)
17 years for girls; 18 years for
men.
Korea, Republic
of (South
Korea)
18 years.
(CEDAW: Concluding
Observations, July 2005)
(CRC: State Party Report, Aug.
2011)
The Committee is concerned about existing discriminatory
legal provisions, particularly that which establishes a
minimum marriage age for females at 17 and for males at
18…. (CEDAW: Concluding Observations, July 2005).
--***
[T]he Government amended the Civil Code in November
2007 and raised the minimum marriage age for females to
18. (CRC: State Party Report, Aug. 2011).*
--The Committee notes with appreciation that, since the
consideration of its sixth periodic report (CEDAW/C/KOR/6)
in 2007, the State party has enacted and revised numerous
laws and legal provisions aimed at eliminating discrimination
against women and promoting gender equality in order to
achieve compliance with its obligations under the
Convention. In particular, it welcomes the adoption of the
amendment of: (a) The Civil Act (December 2007), setting
the minimum age of marriage at 18 years for both men and
women;… (CEDAW Concluding Observations, Aug. 2011).
The Civil Law (amended on December 21, 2007) set the legal
age for marriage at age 18 to be the same for the two
genders in order to actualize the principle of gender
equality…
(CEDAW State Party Report, Nov. 2010).
Kuwait
15 years for girls; 17 years for
boys; younger possible under
The Committee expresses serious concern that in spite of its
previous recommendations (CRC/C/15/Add.96, para. 15) and
repeated recommendations by other treaty bodies, the State
www.equalitynow.org/childmarriagereport
Personal Status Act.
(CRC: Concluding Observations,
Oct. 2013)
party has still not raised the minimum age of marriage (17
years for boys and 15 years for girls). The Committee is also
deeply concerned that according to article 24 of the Personal
Status Act (Act No. 51 of 1984), a marriage is considered as
legitimate when parties have reached the age of puberty and
are of sound mind.
The Committee urges the State party to bring its legislation
on the minimum age of marriage into full compliance with
the definition of the child contained in article 1 of the
Convention and repeal without further delay article 24 of
the Personal Status Act. (CRC: Concluding Observations,
Oct. 2013).
The official registration or certification of a marriage is
prohibited if the girl is
under 15 years of age and the young man is under 17 years
of age at the time of registration. (CRC: State Party Report,
May 2012).
--…The Committee is also concerned about the absence of
information on any steps taken by the State party to raise
the minimum age of marriage for women and men from 15
and 17 years, respectively, to 18, as recommended by the
Committee, as well as on measures to prevent early
marriages in tribal groups.
Kyrgyzstan
18 years for men and women; 17
years for girls in exceptional
cases.
(CRC: State Party Report, April
2004)
The Committee recommends that the State party:… raise
the legal minimum age of marriage to 18 for both men and
women in conformity with the Convention on the Rights of
the Child, and take all necessary measures to prevent the
practice of early marriage in all societal groups in the State
party;… (CEDAW Concluding Observations, Nov. 2011).
The Committee is concerned at the existence of marriages
involving girls under the age of 18, as well as the existence of
non-registered marriages, in violation of article 16,
paragraph 2, of the Convention.
The Committee requests the State party to implement fully
the laws on marriage and family which set the legal age of
marriage at 18 years for both women and men and to adopt
measures in order to bring all marriages in line with article
16, paragraph 2, of the Convention. It requests the State
party to include in its next report information on the
measures taken in this regard, and the impact of such
measures on the registration of marriages. (CEDAW:
Concluding Observations, Nov. 2008).
--…The registration of a marriage concluded in accordance
with Muslim traditions obviates the need for official
marriage registration, which can result in legalised marriages
with persons below the marriage age, endorse polygamy and
deprive women and children in such families of their legal
rights. …
… the available information on early marriages… confirms
that such a problem exists. (CRC State Party Report, June
2012).**
Article 18 of the Marriage and Family Code prohibits
marriage before the age of 18 years. In exceptional cases,
www.equalitynow.org/childmarriagereport
Lao People’s
Democratic
Republic (Laos)
18 years.
(CEDAW: Concluding
Observations, Aug. 2009)
and at the separate request of each of the partners, the age
at which a woman may marry can be lowered, but not by
more than one year. (CRC: State Party Report, April 2004).
The Committee takes note of the 2008 amendment of the
Family Law, which repealed the possibility of lowering the
age of marriage to 15 years in special and necessary cases.
(CEDAW: Concluding Observations, Aug. 2009).
--The Committee is concerned that early marriage continues
to exist within certain ethnic groups even though the
practice is prohibited by law, and that the State party has no
statistics on the number of such marriages occurring in its
territory.
The Committee urges the State party to enforce sanctions
penalizing early marriage. The Committee also encourages
the State party to collect data on the number of early
marriages, disaggregated by age and sex, in order to have a
clearer idea of the extent of the phenomenon and to take
appropriate steps to eliminate it. (CRC: Concluding
Observations, April 2011).
Under the Family Act, marriageable age is 18 for both boys
and girls; if necessary (where the girl is pregnant), the age
may be reduced to under 18, but not under 15. (CRC: State
Party Report, Aug. 2010 (submitted in April 2009 - law
amended since – see CEDAW Concluding Observations, Aug.
2009 above).
Latvia
18 years; 16 years with consent if
partner is of age.
(CEDAW: State Party Report, June
2003)
In compliance with the Civil Law a person who has reached
the age of 18 may enter into marriage without any gender
distinction. In exceptional cases a person who has reached
the age of 16 may enter into marriage with the consent of
parents or the guardian if the person enters into marriage
with a person who has reached majority. (CEDAW: State
Party Report, June 2003).*
--Concerning the … eligible age for marriage, … refer to the
Initial Report of the Republic of Latvia because no changes
have occurred since the date thereof. (CRC State Party
Report, 2005).*
The Civil Law states that a person must be 18 years of age to
contract marriage. A minor between the ages of 16 and 18
may contract marriage only with the consent of the parents
and authorities provided that the marriage is contracted with
a person who has attained majority. (CRC State Party Report,
2000).
Lebanon
Varies according to religion;
Sunni: 18 years male, 17 years
female, Shi’i: puberty, Druze: 18
years male, 17 years female,
Catholic: 16 years male, 14 years
female, Greek Orthodox,
Armenian Orthodox, and Syrian
Orthodox: 18 years male, 14 years
female, Evangelical: 18 years
male, 16 years female, Assyrian
Church of East: 18 years male, 15
The Committee notes with concern that the minimum age
for marriage still depends on a person’s religion
(acknowledging that there are 18 official recognized religious
and confessional groups in the State party). It also notes with
concern that there are different minimum ages for marriage
for boys and girls within the same religious or confessional
group.
The Committee recommends, referring to its previous
recommendation (CRC/C/15/Add.169, para. 22) adopted
following the consideration of the State party’s second
www.equalitynow.org/childmarriagereport
years female, and Jewish: 18
years male, 12.5 years female.
(CEDAW: State Party Report, July
2006)*
periodic report, that the State party take urgent measures
to engage the religious and confessional groups in efforts to
prohibit in practice early and/or forced marriages, and to
adjust to that effect (the implementation of) existing
provisions applicable for these communities. (CRC
Concluding Observations, June 2006).
--The International Committee on the Rights of the Child
included in its concluding observations on the second
periodic report of Lebanon three recommendations: (a)
Reducing the discrepancy with regard to the minimum age of
marriage, and raising it, and rendering it similar for males
and females…
… (a) In Lebanon, the Laws of the different religious groups
regulate the legal age for marriage and most personal status
matters. Consequently, no amendments have been made to
these Laws, until the present date. This is a result of Article 9
of the Constitution, which leaves personal status regulation
to the various religious groups in Lebanon, and their relative
jurisdictions. Noting, that in 1998, a Project Law for optional
civil marriage has been submitted but has not yet been
approved.10 In spite of that, NGO’s and the syndicate of
lawyers are still pursuing their efforts in that concern.
… However, in all matters related to the personal status and
especially in marriage and its related issues, Lebanese
citizens are subject according to their religion to the religious
laws set forth by their respective religious authorities…
Therefore, the minimum age for marriage differs between a
person and another depending of his/her religion. The age of
marriage differs also between male and female in the same
religious group.
Lesotho
18 years.
(CEDAW: Concluding
Observations, Nov. 2011)
Liberia
18 years but exceptions under
customary law.
(CRC: Concluding Observations,
Dec. 2012)
Because of the specificity of the personal status Laws for
each sect, early marriage in Lebanon still exists in Lebanon,
at least in the Law but practically limited numbers are
registered, and in specific villages. Therefore, public
awareness is necessary, as well as dialogue with religious
authorities in that respect. (CRC State Party Report, Oct.
2005).
While noting with appreciation the adoption in 2011 of the
Children’s Protection and Welfare Act, which amended the
minimum age for entering into marriage to 18 years for both
civil and customary marriages, the Committee remains
concerned at reports of the persistence of the phenomenon
of forced and early marriages. (CEDAW: Concluding
Observations, Nov. 2011).
--Last CRC reporting in 2001.
While noting as positive that the legal age of marriage has
been set at 18 years for both boys and girls in the Children’s
Law [enacted Feb. 2012], the Committee is concerned that
section 2.9 of the Inheritance and Customary Marriages Act
2003 provides for customary marriage for girls from the age
of 16 and that the Revised Rules and Regulations Governing
the Hinterland of Liberia permit marriage of girls at 15 years
old.
The Committee urges the State party to harmonize the legal
www.equalitynow.org/childmarriagereport
provisions related to the age of marriage in both customary
and codified laws with the Children’s Law, and to repeal
section 2.9 of the Inheritance and Customary Marriage Act.
It also urges the State party to take active and concrete
measures to enforce the legal prohibition of early and
forced marriage and strengthen its activities to raise
awareness about the negative consequences of early and
forced marriages on children and society. (CRC: Concluding
Observations, Dec. 2012).
--The Committee expresses concern at the persistence of
discriminatory provisions in customary law and the
prevalence of harmful traditional practices. The Committee is
also concerned… that early and forced marriages remain
prevalent.
The Committee urges the State party, in accordance with
articles 15 and 16 of the Convention and in line with its
general recommendation No. 21, to eliminate all
discriminatory provisions in customary law and statutory
law, so that women can enjoy the same legal rights in
marriage as men. (CEDAW: Concluding Observations, Aug.
2009).
Libyan Arab
Jamahiriya
18 years/20years (both ages for
both sexes listed in same report).
(CRC: State Party Report, June
2010)
With respect to marriage, both parties must be over 18 years
of age to qualify and, pursuant to article 2 of the Marriage
and Divorce (Rules and Effects) Act No. 10 of 1984, no young
man or woman may be coerced into marriage against his or
her will. Nor may a guardian prevent his ward from marrying
a spouse of her choice.
[Conflicts with] We should also like to mention with respect
to adolescent health, in particular teenage pregnancy, that
the Marriage and Divorce (Rules and Effects) Act No. 10 of
1984 stipulates a marrying age of 20 for both sexes. (CRC:
State Party Report, June 2010).**
And****
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Liechtenstein
Lithuania
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Luxembourg
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Madagascar
18 years; Before age 18 and for
good cause, the judicial authority
may authorize marriage with the
express consent of the child.
(CRC: State Party Report, Aug.
2010)
Law No. 2007-022 of 20 August 2007 concerning marriage
standardizes the marriageable age at 18 for both genders
(instead of age 17 for boys and age 14 for girls). Before age
18 and for good cause, the judicial authority may authorize
marriage with the express consent of the child. (CRC: State
Party Report, Aug. 2010).
While welcoming that the State party has increased the
minimum age of marriage to 18 years and facilitated
registration of traditional marriages under the formal legal
system, the Committee is concerned that early traditional
marriages still occur.…
The Committee recommends that the State party
strengthen all measures to address harmful practices,
www.equalitynow.org/childmarriagereport
including through working with traditional leaders and
community based organisations to raise awareness of the
harmful effects of these practises as well as pursue
investigation and prosecutions of persons responsible for
violations of children’s rights through such practises. (CRC:
Concluding Observations, March 2012).
--The Committee commends the State party on the extensive
legal reforms undertaken to eliminate discrimination against
women and promote gender equality. In particular, it
welcomes Law No. 2007-002, which sets the age of marriage
for both women and men at 18…. (CEDAW: Concluding
Observations, Nov. 2008).
Malawi
18 years but as low as 15 years
with parental consent; under 15
in some circumstances.
The Committee reiterates its concern that the lack of clarity
with respect to the minimum age of marriage allows for child
marriage….
(CEDAW: State Party Report, July
2008)
The Committee calls upon the State party… to set the
minimum age of marriage at 18 years. (CEDAW: Concluding
Observations, Feb. 2010).
A number of stakeholders noted that the Constitution is
unclear on the minimum age for marriage. Under section 22,
a person of eighteen years of age may enter into marriage
without seeking the consent of his or her parents; persons
aged between fifteen and eighteen years must obtain
consent from parents before entering into marriage; and the
State is obliged to “discourage” marriages where either party
is under the age of fifteen years. Many commentators argue
that there is no minimum age for marriage in Malawi. It has
also been argued that marriages where one or both parties
are under the age of fifteen years may only be discouraged
by the State but are not prohibited. (CEDAW: State Party
Report, July 2008).
--The Committee notes with concern that constitutional
provisions defining a child and in particular current
legislation on minimum age for marriage remain unclear.
The Committee urges the State party to ensure the swift
adoption of the recommendations of the Constitutional
Review process to establish the definition of the child in
accordance with the Convention of the Rights of the Child.
Furthermore, the Committee recommends that the State
party take steps to adopt the proposed Marriage, Divorce
and Family Relations Bill. The Committee also recommends
that the State party carry out awareness-raising campaigns
which involve traditional leaders to prevent the practice of
early marriages. (CRC: Concluding Observations, March
2009).
The proposed Marriage, Divorce and Family Relations Bill
raises the minimum age for marriage to eighteen years. This
recommendation is mirrored in the current Constitutional
Review process which also recommends the minimum age
for marriage with consent to be raised to eighteen years and
the minimum age for marriage without parental consent to
twenty-one years. (CRC State Party Report, July 2008).
www.equalitynow.org/childmarriagereport
Malaysia
18 for men, 16 years for girls with
court order; inconsistency
between civil and Syariah law
(CRC: State Party Report,
December 2006)
The Committee also notes with concern the contradictions
between the provisions of the civil law and the Syariah law:
for example, the Law Reform (Marriage and Divorce) Act
1976 (Act 164) and the Islamic Family Law Act (Federal
Territory) 1984 (IFLA) define the minimum age for marriage
inconsistently.
The Committee recommends that the State party take all
necessary measures to harmonize the definition of the
child, including the terminology used, in the national laws
so as to eliminate inconsistencies and contradictions. (CRC
Concluding Observations, June 2007).
Under the Law Reform (Marriage and Divorce) Act 1976 [Act
164], the minimum age for marriage is eighteen years.
However, the Chief Minister of a particular State may in his
discretion grant a license authorising the solemnisation of a
marriage of the girl child who is under the age of eighteen
years and has completed her sixteenth year. (CRC: State
Party Report, December 2006).
--****
Maldives
18 years, 16 with consent of
marriage registrar.
(CRC: Concluding Observations,
July 2007)
The Committee, while noting with satisfaction that the State
party has raised the legal age of definition of the child as well
as the minimum legal age for marriage from 16 years to 18
years, is concerned that the State party’s legislation is not in
full conformity with the Convention and other relevant
international standards, particularly regarding the minimum
age of criminal responsibility and the minimum age for
admission to employment. (CRC: Concluding Observations,
July 2007).
The Family Law (Law No.4/2000) was enacted in December
2000 and came into force in July 2001. It was a vital step
forward for the rights of both women and children and
particularly for those in situations of family conflict or
breakdown. Special provisions include:
• Minimum age for marriage for men and women being
raised to 18 years; …
Any persons under the age of eighteen wishing to marry
must gain permission from the Registrar of Marriages. The
Registrar of Marriages will assess a person’s readiness for
marriage on the basis of physical maturity, adequate
finances and reasons for marrying. The jurisdiction of the
island courts to register marriages under eighteen years has
also been limited. All marriages below the age of eighteen
years can only be solemnized by the Family Court in Malé.
However, under the proposed procedural amendments even
the Family Court would have to consult the Ministry of
Gender and Family before registering such marriages. (CRC
State Party Report, April 2006).
--The Committee remains concerned that family law
discriminates against women. It is concerned about the high
divorce rates, recent reports of early marriage and the
practice of polygamy. It is further concerned at the lack of a
specific time frame within which the State party will
conclude its review of the compatibility of its family law with
www.equalitynow.org/childmarriagereport
article 16 of the Convention. (CEDAW Concluding
Observations, Feb. 2007).
Mali
[16] years for girls and 18 years
for men; 15 with court
authorization.
(N.B. Recommendations pre-date
the 2011 Code of Persons and the
Family, see Section 281)
The Family Law introduced on 1st July 2001, states 18 years
of age as the minimum age of Marriage with under 18
marriages being allowed as an exception at the discretion of
the registrar, based on the present physical development,
financial capability and other factors. No Marriages under 18
has been reported since the law came into effect. (CEDAW
State Party Report, June 2005).
The Committee is concerned about the lack of progress
in revising discriminatory legislation. In particular, it
expresses concern that proposed revisions of the
Citizenship Code and Marriage and Guardianship Code
(in the draft Personal and Family Code) and legislation
on the issue of State- and privately-owned land have not
been completed, thus allowing for the persistence of
discriminatory provisions that deny women equal rights
with men concerning issues related to the transmission
of nationality, marriage and family relations and access
to land. Such discriminatory provisions include: a
younger marriageable age for women (15 years old)
than for men (18 years old); …
The Committee urges the State party to place high priority
on implementing legislative reforms and, in particular, to
complete the process needed to adopt the draft Personal
and Family Code in the first quarter of 2006, as orally
indicated to the Committee, in order to promptly bring the
relevant provisions into line with articles 1, 2, 9 and 16 of
the Convention. (CEDAW: Concluding Observations, Feb.
2006).
--The Committee notes with appreciation that the draft
Individuals and Family Code sets the marriage age at 18 for
boys and girls.
The Committee urges the State party to take every feasible
measure to speed up the process of legislative reform in
order to ensure equality between the age of marriage for
girls and boys. (CRC: Concluding Observations, May 2007).
Malta
18 years; 16 years with parental
consent.
(CRC: State Party Report, Feb.
2013)
… the Committee is concerned that the age of marriage is
set at 16 years.
… the Committee urges the State party to raise the
minimum age of marriage to 18 years. (CRC: Concluding
Observations, June 2013).
Marriage in Malta is regulated by the Marriage Act of 1975
as subsequently amended in 1996. A marriage contracted
between persons either of whom is under the age of 16 is
void. But if either or both parties to the marriage is under the
age of 18 (but over the age of 16) the parents' consent is
required. (CRC: State Party Report, Feb. 2013).
--****
Marshall
Islands
18 years.
(CRC: Concluding Observations,
Nov. 2007)
The Committee notes with appreciation the enactment of
the following legislation: … Amended Birth Registration and
Marriage Registration Act, which raises the legal age of
marriage for girls from 16 to 18 years, bridging the disparity
www.equalitynow.org/childmarriagereport
Mauritania
18 years; less than 18 with judicial
consent.
(CRC: Concluding Observations,
June 2009)
between the minimum legal age for the marriage of boys and
that of girls, as recommended by the Committee in its
previous concluding observations. (CRC: Concluding
Observations, Nov. 2007).
--No reporting to CEDAW.
The Committee, while noting that the legislation establishes
the minimum marriage age at 18, is concerned that girls can
be married under the age of 18, in accordance with the
discretionary powers of a judge.
The Committee recommends that the State party take all
measures to ensure that the marriage age is 18 years old, in
accordance with the Personal Status Code of 2001, and that
girls and boys are treated equally under the law. (CRC:
Concluding Observations, June 2009).
The Personal Status Code (Act No. 2001-052 of 19 July
2001)… The most significant point in this reform is the fixing
of the age of majority necessary for marriage at 18 years and
the rendering of marriage subject to consent, except in cases
determined by a judicial decision based on the best interests
of the child;… Pursuant to article 6 of Act No. 2001-052 of 19
July 2001 on the Personal Status Code, “the legal capacity to
marry is possessed by all persons of sound mind aged at least
18 years”. (CRC: State Party Report, July 2008).
--The Committee is concerned about the prevalence of a
patriarchal ideology with firmly entrenched stereotypes and
the persistence of deep-rooted adverse cultural norms,
customs and traditions, including forced and early marriage,
polygamy, the practice of female genital mutilation and
forced feeding, that discriminate against women and
constitute serious obstacles to women’s enjoyment of their
human rights.
Mauritius
18 years; 16 years with parental
consent.
(CEDAW: State Party Report, Jan.
2005)
Mexico
Varies by state: 26 states: 14
years for girls, 16 years for boys;
It urges the State party to be more proactive and to put into
place without delay a comprehensive strategy, including
clear goals and timetables, to modify or eliminate negative
cultural practices and stereotypes that are harmful to and
discriminate against women and promote women’s full
enjoyment of their human rights, in conformity with articles
2 (f) and 5 (a) of the Convention. (CEDAW Concluding
Observations, June 2007).
The minimum age for marriage in Mauritius, for both men
and women, is 18 years. Under Article 145 of the Civil Code
any minor aged above 16 may get married with the consent
of his/her parents. It follows that child marriage is therefore
not recognized by law. (CEDAW: State Party Report, Jan.
2005).*
--Article 144 of the Civil Code provides that the legal age of
marriage is 18 years, and that a child above 16 years may
marry with the consent of the parent who solely exercises
parental authority. A Supreme Court Judgment stated that
the consent of both parents is required, and that if one of
the parents withholds consent, the marriage cannot take
place. (CRC: State Party Report, July 2005).*
The Committee is concerned at the low legal minimum age
for marriage and that different minimum legal ages for
www.equalitynow.org/childmarriagereport
5 states: 16 years for both; 1
state: 16 years for girls; 18 years
for men.
(CEDAW: State Party Report, Jan.
2006)
marriage are set for girls (14) and boys (16).
The Committee encourages the State party to increase the
minimum age of marriage for girls and for boys and that it
set this minimum age at an equal and internationally
acceptable level. The State party is also advised to
undertake awareness-raising campaigns and other
measures to prevent early marriages. In this regard, the
Committee also refers to the recommendation of the
Committee on Economic, Social and Cultural Rights (see
E/C.12/CO/MEX/4, para. 40). (CRC: Concluding
Observations, June 2006).
As regards the minimum age for marriage, the Federal Civil
Code, Title Five “marriage" Chapter I "engagement", says
they can only celebrate the betrothal of the man who has
attained 16 years and of the woman who has turned 14 (art.
140), but when the promised are minors, the betrothal has
no legal effect if their legal representatives have not
consented to the betrothal. Although the Code provides that,
for marriage, the man must be 16 years and women 14
(article 148), if there are serious and justified reasons they
may be granted a waiver. Article 149 states that children
under 18 cannot marry without the consent of his father or
mother. (CRC: State report, 2012).
--During the 57th legislative session in Mexico State, reforms
to the Civil Code were approved, making 18 years the
minimum age of marriage for women and men… (CEDAW:
State Party Report, Feb. 2011).*
It is important to bear in mind that Mexico is a
representative, democratic, federal republic, consisting of 32
states that are free and sovereign in everything relating to
their internal laws, but united in a federation. Each state
conducts its own legislative review on this issue: 26 states set
the minimum age for marriage at 16 years for boys and 14
for girls. Five states establish an age of 16 for both sexes, and
one has raised the age to 18 and 16 years, respectively.
(CEDAW: State Party Report, Jan. 2006).
Moldova
16 years for girls; 18 years for
men, or 16 with consent.
(CEDAW: Concluding
Observations, Aug. 2006)
The Committee remains concerned that the minimum legal
age for marriage is 16 years for girls and 18 years for men.
(CEDAW: Concluding Observations, Aug. 2006).
An unmarried male of the age of 18 years or older, and an
unmarried female of the age of 16 years or older, and not
otherwise disqualified, who expressed their personal
unconditioned agreement, are capable of consenting to and
consummating marriage. An unmarried male under the age
of 18 years is capable of consenting to and consummating
marriage provided he is only by two years younger than 18.
In such cases, the marriage must be approved and
authorized by local public administration with which the
persons at issue are registered as residents pursuant to their
request and a written consent of the parents of the
underage person. (CEDAW State Party Report, 2004).
--According to the Civil Code, a person acquires full legal
competence after the age of 18. This rule has two
exceptions: attribution of full legal competence
www.equalitynow.org/childmarriagereport
(emancipation) to a child and marriage….
The second exception refers to persons who married before
reaching the matrimonial age. According to article 14 of the
Family Code, the matrimonial age is 18 years for men and 16
years for women.
Unlike previous legislation, the Republic of Moldova has
made a step forward in making women and men equal as far
as the minimum age for marriage is concerned. Thus, the age
for marriage can be reduced for men by at least two years if
there are strong reasons to do so. The reduction is approved
by the local public administration on the basis of the request
of the minor who wants to get married and the consent of
his parents.
Monaco
15 years for girls, 18 years for
men with consent; lower with
exemption.
(CRC: State Party Report, 2012)
If the marriage dissolves before the minor reaches majority,
the minor maintains his full legal competence. (CRC State
Party Report, 2008).*
Article 117 of the Civil Code, as amended by Act No. 1089 of
21 November 1985, provides that: “Men under the age of 18
and women under the age of 15 may not enter into
marriage. Nevertheless, the Prince may grant exemptions
from this age requirement when compelling grounds exist.”
Bill No. 869, designed to help combat and prevent specific
forms of violence,
provides for an amendment to article 116 of the Civil Code to
raise the age of marriage for women to 18 years, making it
the same as for men. The bill demonstrates the
Government’s wish to amend the Civil Code in the direction
recommended by the Committee.
Any marriage requires the consent of the spouses (art. 116).
Furthermore, the consent of either parent or, where
appropriate, an ascendant, the family council or the
guardianship judge is required before a minor may enter into
marriage (arts. 118–122). An illegitimate child may marry
under the same conditions as a legitimate child (art. 119).
Article 403 of the Civil Code stipulates that a minor is
emancipated by marriage as a matter of right and thus has
the legal capacity of an adult to perform all acts of civil life
(art. 410). (CRC State Party Report, 2012).*
Mongolia
18 years unless person under 18
has full legal capacity.
(CRC: State Party Report, June
2009)
Montenegro
18 years; 16 with court’s
permission.
The Committee is concerned that the State party’s domestic
legislation discriminates between boys and girls, providing
that girls may legally marry without adult consent from age
15 and boys from age 18. (CRC: Concluding Observations,
July 2001).
--****
Although paragraph 1 of article 9 of the Family Code
prohibits a person under the age
of 18 to get married, the next paragraph specifies that
paragraph 1 shall not apply to a person under 18 if he or she
is declared as a person with full legal capacity as outlined in
Civil Code. (CRC State Party Report, June 2009).*
--****
The Committee notes with concern that the practice of
arranged and forced early marriage is still prevalent within
www.equalitynow.org/childmarriagereport
(CRC: State Party Report, June
2010)
Roma, Ashkali and Egyptian communities, mainly concerning
girls and boys aged 14–16.
The Committee recommends that the State party
strengthen its efforts to raise awareness among Roma,
Ashkali and Egyptian communities about the prohibition of
forced and child marriages, as well as on the harmful
effects on girls’ mental and reproductive health, and
effectively investigate, prosecute and punish cases of
forced and early marriage. (CEDAW: Concluding
Observations, Nov. 2011).
The age of becoming eligible for marriage matches the age of
becoming eligible for business. By setting the age of 18 as
the age when both sexes become eligible for marriage, the
legislator literally implemented the constitutional principle of
the equality of sexes (Article 1 of the Constitution of
Montenegro). Exceptionally, the court may allow a minor
older than 16 to enter into marriage, in line with a special
law (Article 24, Family Law). (CEDAW State Party Report,
Aug. 2010).
--According to the Family Law, a person is of age when s/he
reaches the age of 18. Full capacity to practice is acquired by
becoming of age or by contracting marriage before being of
age, with the court’s permission (art. 11). (CRC: State Party
Report, June 2010).*
Morocco
18 years, but with judicial consent
can be much lower
(CEDAW: Concluding
Observations, April 2008)
While acknowledging that the Family Code, which came into
force in February 2004, has established the minimum age of
marriage for women and men at 18 years, the Committee
remains concerned at the possibility that authorization may
be granted by a judge to allow for marriage before that age,
without any mandatory legal conditions having been fulfilled.
It is also concerned at the high rate of approval of those
authorizations and that the vast majority relate to girls, some
as young as 13 years.
The Committee calls upon the State party to ensure the
strict implementation of the provisions on the minimum
age of marriage of the Family Code. It also recommends
that the State party amend the Family Code in order only to
authorize marriage of children under exceptional strict
mandatory legal conditions. (CEDAW: Concluding
Observations, April 2008).***
Mozambique
18 years; 16 years with parental
consent in special cases.
(CRC: State Party Report, March
2009)
While noting with satisfaction that the new Family Law sets
the marriage age at 18 years for boys and girls, the
Committee is concerned that the State party continues to
have very high rates of early marriage.
The Committee calls upon the State party to develop
sensitization programmes involving families, community
leaders and society at large, including children themselves,
to curb the practices of early marriage … particularly in
rural areas. (CRC: Concluding Observations, Nov. 2009).
The Civil Code previously stated that all persons wishing to
marry should not be of “age lower than 16 years for boys
and 14 years for girls”. The new Family Law now stipulates
that a person should not be of “age lower than 18 years”.
www.equalitynow.org/childmarriagereport
However, it states that “women or men over the age of 16
may, exceptionally, enter into marriage in the case of special
circumstances involving public and family interest, and when
there is consent from parents or legal guardians.” (CRC: State
Party Report, March 2009).
--The Committee is concerned about the persistence of
harmful traditional practices, such as early or forced
marriage, as well as polygamy, in some areas, although they
are prohibited under the new Family Law.
Myanmar
14 years for girls with parental
consent, no minimum age for
boys.
(CRC: Concluding Observations,
March 2012)
Namibia
18 years but does not apply to
customary marriages.
(CRC: Concluding Observations,
Oct. 2012)
The Committee calls upon the State party to increase its
efforts to develop and implement comprehensive
educational measures and awareness-raising campaigns
with regard to the new Family Law for all sectors of
society... The Committee further recommends that… the
State party take a clear stand on the issue of negative
traditional practices, explicitly recognizing that such
practices should not violate human rights under any
circumstances. (CEDAW Concluding Observations, June
2007).
While noting the existence of a draft amendment to the
Child Law raising the age of a child, the Committee is
concerned about ... the absence of a minimum age for
marriage for boys; and the legality of the marriage of girls as
young as 14 years with parental consent.
The Committee reiterates its previous recommendation
that the State party review its legislation to … establish the
minimum legal age for marriage for boys and girls at 18
years. (CRC: Concluding Observations, March 2012.
No more information in State Party Report to CRC.
--****
The Committee reiterates its previous concern that the
definitions of the child in national legislation vary widely and
are contradictory (CRC/C/15/A dd.14, para 6). In particular, it
is concerned that the State party’s Constitution defines
“child” as anyone under the age of 16 years, which is not
compatible with article 1 of the Convention. The Committee
is gravely concerned that the Married Persons Equality Act,
which sets the minimum age of marriage at 18, does not
apply to customary marriages.
The Committee strongly recommends that the State party:
(a) Review and amend the Constitution and all existing
legislation to harmonize the overall definition of the child
to comply with the provisions of the Convention, and
ensure that all existing legislation affords full protection to
all children under 18 as well as respects their evolving
capacities and increased autonomy; (b) Ensure that the
provision of the Married Persons Equality Act relating to
the minimum age for marriage is applicable to customary
marriages. (CRC: Concluding Observations, Oct. 2012).
--The Committee is further concerned that early marriage
continues in spite of the fact that the Married Persons
Equality Act fixes the legal age of marriage at 18 years for
both boys and girls…
www.equalitynow.org/childmarriagereport
The Committee recommends that the State party take steps
to ensure that the legal age of marriage is respected.
(CEDAW: Concluding Observations, Feb. 2007).
Nepal
20 years.
(CEDAW: Concluding
Observations, Aug. 2011)
The Committee recommends that the State party:
(a) Enforce the legal minimum age of marriage, which
is 20 years of age, and undertake awarenessraising measures throughout the country on the
negative effects of early marriage on women’s
enjoyment of their human rights, especially their
right to health and education;
(CEDAW: Concluding Observations, Aug. 2011).
The laws on marriage (reported below under the progress of
Article 16) have been amended. For instance, the
marriageable age for both men and women has been made
the same…
The laws regarding marriage are being harmonized in line
with the Article 16 of the CEDAW and other relevant human
rights standards. The SC in the case of Sapana Pradhan Malla
v. Council of Ministers, on 16 June 2004 (2063-03-02 BS), has
also issued directive orders to the Government to harmonize
all the legal provisions regarding marriage and make
necessary arrangements to implement the law effectively in
order to control incidences of child marriage. Accordingly
new amended provision of the Country Code on Chapter on
Marriage made the marriageable age 20 years for both boys
and girls. (CEDAW State Party Report, Nov. 2010).
--CRC Concluding Observations outdated with regard to the
law but note –
The Committee recommends that the State party
strengthen its enforcement of the existing legislation to
prevent early marriage and that the State party develop
sensitization programmes, involving community and
religious leaders and society at large, including children
themselves, to curb the practice of early marriage. It also
recommends to the State party that it take measures to
ensure that when underage girls are married, they continue
to fully enjoy their rights as set out in the Convention,
including the right to education. CRC: Concluding
Observations, Sept. 2005).
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Netherlands
New Zealand
18 years.
(CRC: State Party Report, June
2010)
Nicaragua
14 years for girls, 15 years for
boys with parental consent;
otherwise 18 years for women, 21
years for men
(CRC: State Party Report, March
2010)
Marriage Amendment Act 2005 lowered the age at which
people can marry without consent from 20 years to 18 years.
Prior to this Act, people who were 18 and 19 needed consent
to marry. (CRC: State Party Report, June 2010).*
--****
The Committee remains concerned that the State party
establishes a low and unequal minimum age for marriage (15
years for boys and 14 years for girls, with parental consent).
The Committee reiterates its recommendation that the
State party adopt the draft Family Code, and ensure that
the minimum age for marriage for girls and boys is 18 years.
(CRC: Concluding Observations, Oct. 2010).
www.equalitynow.org/childmarriagereport
Niger
15 years for girls and 18 years for
men.
(CRC: Concluding Observations,
June 2009)
Nigeria
18 years with some much lower
State exceptions and conflicting
related Constitutional provision.
(CRC: Concluding Observations,
June 2010)
The recommendation to increase the minimum age of
marriage and to fix the same age for both contracting parties
has not been followed since the new Civil Code has not been
adopted. The age for contracting marriage remains 15 for a
boy and 14 for a girl with the consent of their parents, and
21 for men and the 18 for women without parental consent.
(CRC: State Party Report, March 2010).
--****
The Committee notes with satisfaction the indication by the
State party that a consensus
was reached among traditional and religious leaders to set
the minimum age for marriage at 18 for boys and girls. The
Committee is, nevertheless, concerned that this consensus
has not yet been enacted in the legislation and that the
minimum legal age for marriage of boys (18 years) and girls
(15 years) therefore remains gender-discriminatory.
The Committee urges the State party to ensure the swift
adoption of the Children’s Code which will set the minimum
age for marriage at 18 for boys and girls. (CRC: Concluding
Observations, June 2009).
--****
While noting that the Child Rights Act defines the child in
accordance with the Convention and establishes the legal
minimum age of marriage at 18 years, the Committee notes
with serious concern that the definition of the child in some
legislation domesticating the Child Rights Act at state level
sets the age at 16 years (Akwa-Ibom state) or defines the
child not by age but by “puberty” (Jigwa state), reportedly
for the purposes of early marriages. The Committee also
reiterates the earlier concern expressed in 2005 about the
wide variety of minimum ages that are very low at state level
(CRC/C/15/Add.257, para. 27).
The Committee urges the State party to ensure that the
definition of the child in legislation domesticating the Child
Rights Act at state level is in full compliance with that of the
Convention, including by amending the recently adopted
Child Rights Laws in Akwa-Ibom and Jigwa states. To this
end, the Committee urges the State party to intensify its
ongoing dialogue with traditional and religious leaders and
state authorities to enhance the understanding of the
importance of conceptualizing persons under the age of 18
as children with special rights and needs guaranteed under
the Convention. The State party is recommended to use the
example of the recent polio eradication campaign in this
respect. (CRC Concluding Observations, June 2010).
--While welcoming the adoption by 18 states of the Child
Rights Act, which sets the minimum age of marriage at 18
years, the Committee notes with concern Section 29(4) of
the Constitution, which states that a woman is deemed to be
of full age
upon marriage thereby lending support to early marriages.
The Committee urges the State party to repeal without
delay Section 29(4) of the Constitution. The Committee also
urges the State party to ensure that those states that have
www.equalitynow.org/childmarriagereport
not yet done so adopt the Child Rights Act without delay
and ensure its effective implementation. (CEDAW:
Concluding Observations, July 2008).
Niue
15 for girls, 18 for men with
parental consent; 19 and 21
without consent.
The Committee is concerned that the State party does not
have a clearly defined age of majority. It further expresses
concern that the minimum age of marriage for girls is 15
years.
(CRC State Party Report, July
2011)
The Committee recommends that the State Party establish
the age of majority and raise the age of marriage for girls to
18 years. (CRC: Concluding Observations, June 2013).
The Niue Act allows marriages as follows.
A Marriage Officer shall not solemnise or record any
marriage unless the husband is at least 18 years of age and
the wife is at least 15 years of age, but no marriage shall be
invalidated by this section (sect. 525).
Norway
18 years; Although custom
recognizes marriage below this
age, the registrar of marriages
does not.
A Marriage Officer shall not solemnise or record the
marriage of any man under the age of 21 years or of any
woman under the age of 19 years without the consent of one
of the parents of the man or women. (sect. 526 (1)). (CRC:
State Party Report, July 2011).
--Not a State Party to CEDAW.
Pursuant to Norwegian law, the lower age limit for
contracting marriage is 18 years of age. The authorities may
in accordance with an excepting provision permit marriage
to be contracted by an applicant between 16 and 18 years of
age when “strong grounds” exist. This provision was limited
in 2007 as one of several measures introduced to prevent
child marriage and forced marriage. Few such permits are
given each year, on average five per year during the period
2007–2009. (CEDAW: State Party Report, Nov. 2010).*
--Reference is made to Norway’s previous reports. Those
under 18 years of age cannot enter into marriage without
consent from those who have parental responsibility and
authorization from the County Governor. From 1 June 2007,
the law is changed so that the County Governor cannot give
authorization if the petitioner is under 16 years of age. (CRC
State Party Report, 2009).*
Furthermore the Committee is concerned at reports that,
despite the legal prohibition, marriage of girls under the age
of 18 is still widely practised and accepted by Omani custom.
(CEDAW: Concluding Observations, Nov. 2011).
(CEDAW: Concluding
Observations Nov. 2011/CEDAW:
State Party Report, July 2010)
A person, male or female, is legally competent to marry upon
reaching the age of 18. Although custom recognizes marriage
below this age, the registrar of marriages does not.
Consequently, it is forbidden to register a marriage where a
partner is under legal age.
18 years; 16 only with “strong
grounds” and with consent of
parents and County Governor.
(CEDAW: State Party Report, Nov.
2010)
Oman
The betrothal of children, by which is meant an agreement
between the fathers for the marriage of their young children,
is socially and legally unacceptable and is not practiced at all
in Omani society, unless a girl below the age of 18 is
reckoned to be a child. Omani law stipulates that 16 is the
age of consent. (CEDAW State Party Report, July 2010).
www.equalitynow.org/childmarriagereport
Pakistan
16 years for girls; 18 years for
men.
(CEDAW: Concluding
observations, March 2013)
The Child Marriage Restraint Act prescribes the minimum
age of marriage. For girls it is 16 years of age and for boys it
is 18. Amendments to the Act have been proposed by the
Law and Justice Commission: these would prescribe eighteen
as the age of marriage for both girls and boys. A Bill was also
tabled in the National Assembly for the amendment of the
Child Marriage Restraint Act, also prescribing 18 years as the
minimum age for marriage. (CEDAW State Party Report,
Sept. 2011).
The Committee is concerned about the existence of multiple
legal systems with regard to marriage and family relations in
the State party and its discriminatory impact on women... It
is concerned about the persistence of child and forced
marriages and at the fact that the minimum age of marriage
for girls is 16. It is deeply concerned about the abduction of
women and girls belonging to religious minorities for the
purpose of forced conversion and forced marriages…
The Committee recalls article 16 of the Convention and calls
on the State party: (b) To revise the Dissolution of Muslim
Marriages Act (1939) with the aim to repeal discriminatory
provisions against women; and to amend the relevant
legislation to raise the minimum age of marriage for girls to
18; … (CEDAW: Concluding Observations, March 2013).
--Child Marriages Restraint Act, 1929 prohibits the marriages
of children under 18 for boys and 16 for girls. It treats the
conclusion of such marriages as an offence for those
arranging the marriage or registering it. However, in spite of
the law prohibiting child marriages, there have been cases
where children are getting married earlier than the
prescribed, ages especially in rural areas.
The Law and Justice Commission of Pakistan therefore has
examined the Child Marriages Restraint Act 1929.
Punishment of imprisonment and fine provided under
different sections of the Act for violation of the law has been
enhanced for increasing the deterrence value of the law.
NCCWD’s proposed Child Protection Bill, based on the
recommendations of the Committee on the Rights of the
Child and Regional Consultation for Ending Violence against
Children, increases age of the girl child to 18 years, similarly
the proposed law has strict punishments for those
solemnizing a child marriage. Keeping in mind the role of
parents or guardian in child marriages, punishments have
also been proposed for them in case of violation of the law…
(CRC State Party Report, March 2009).
The Committee reiterates its previous concern (see
CRC/C/15/Add.217) about legal inconsistencies concerning
the definition of a child at federal, provincial and territorial
levels and between secular and sharia law. It notes in
particular the difference between the minimum legal age for
marriage of boys (18 years) and that of girls (16 years) and
the definition of a girl child contained in the Zina and Hadood
Ordinances (1979) (until 16 years or puberty).
The Committee recommends that the State party ensure
the full harmonization of its legislation as regards the
www.equalitynow.org/childmarriagereport
Palau
16 years for girls; 18 years for
men.
(CRC: Concluding Observations,
Feb. 2001)
Panama
14 years for girls, 16 years for
boys.
(CRC: Concluding Observations,
Dec. 2011)
definition of a child so as to define a child as every human
being below the age of 18 years. It recommends in
particular amending the Zina and Hadood Ordinances
(1979) as well as the Child Marriages Restraint Act (1929) in
order to align the age of marriage of boys and girls by
raising the minimum age of marriage for girls to 18 years.
(CRC: Concluding Observations, Oct. 2009).
The Committee also expresses concern at the disparity in the
legal minimum age for marriage of girls (16 years) and boys
(18 years).
… The Committee further recommends that the State party
take all appropriate measures to increase the legal
minimum age of marriage for girls to that of boys (18
years). (CRC: Concluding Observations, Feb. 2001).
--Not a State Party to CEDAW.
The Committee remains concerned at the disparity in the
minimum age of marriage, set for boys at 16 and for girls at
14 years of age.
The Committee reiterates its recommendation that the
State Party review its legislation with a view to raising the
minimum legal age for marriage for boys and girls to 18
years, in line with the recommendation made by the
CEDAW in 2010 (CEDAW/CO/PAN/7, paras. 50 and 51) and
noted during the universal periodic review in 2010
(A/HRC/16/6, para. 70.17). (CRC: Concluding Observations,
Dec. 2011).
-The Committee is very concerned that the Civil Code
continues to contain provisions that discriminate against
women in the area of family relations, in particular with
respect to the minimum age of marriage. The Committee
regrets that the State party has not yet modified the very low
minimum age of marriage, which continues to be set at 14
for girls and 16 for boys, in contradiction with article 16,
paragraph 2, of the Convention, the Committee’s general
recommendation No. 21 and article 14 of the Convention on
the Rights of the Child. …
In particular, the Committee urges the State party to raise
the minimum age of marriage for both men and women to
18, in line with article 16, paragraph 2, of the Convention,
the Committee’s general recommendation No. 21 and
article 14 of the Convention on the Rights of the Child.
(CEDAW: Concluding Observations, Feb. 2010).
Papua New
Guinea
16 years for girls, 18 years for
men; court can grant permission
for girls at 14 and boys at 16.
(CEDAW: Concluding
Observations, July 2010)
The Committee expresses its concern about the multiple
marital systems that apply in the State party and is
concerned that the minimum age of marriage is 16 years for
girls and 18 years for boys.
The Committee calls on the State party to raise the
minimum age for marriage to 18 years of age for both
males and females, in line with international standards.
(CEDAW: Concluding Observations, July 2010).
… the minimum age for marriage is 18 for males and 16 for
females, reinforcing a view that girls ‘mature’ more quickly
than males. In ‘exceptional’ circumstances the court can
www.equalitynow.org/childmarriagereport
grant permission for males of 16 and females of 14 to marry.
Permitting the marriage of girls at 14 falls well below the
accepted age for marriage recommended by the CEDAW
Committee and the Child Rights Convention and constitutes
child marriage. Thus, a person who purports to have marital
sexual intercourse with the girl would be engaging in a sexual
activity not authorized by law and therefore unlawful even if
the ‘married’ girl-child consents to the activity.
The Convention on the Rights of the Child, to which PNG is a
signatory, defines a child as a human being below the age of
18, or the age of maturity established in the country if it is
lower. The legal age of maturity is 18 years.
A UNICEF country study also noted that although the legal
marriageable age is 16, marriages in some rural areas involve
children as young as 13 years of age, with child marriages are
usually arranged by parents, other family members, or village
chiefs on behalf of the families.
Under the written law, a female person under the age of 14
years lacks the capacity to consent to or contract a marriage
regardless of her wishes and physical condition. Such a
marriage is void. By contrast, under customary law, because
the emphasis is on physical maturity rather than on the
chronological age, a girl of 14 years of age who has the
attributes of a physically ‘fit’ person may enter into a valid
customary marriage. Her consent to the marriage is generally
also irrelevant because her parents contract the marriage for
her. Since the present law recognizes customary marriages,
one can conclude that the conflict between the two forms of
marriage is legally recognized. This creates difficulties in the
application of written laws that criminalize certain sexual
activities involving children.
Under Schedule 2.1 of the Constitution, custom will not be
applied and enforced if, and to the extent that, it is
inconsistent with the Constitution, or a statute, or
‘repugnant to the general principles of humanity’.
Additionally, s 3 of the Customs Recognition Act, Ch. 19,
provides that customs which, if applied and enforced would
result in injustice, or infringe public interest requirements or
be contrary to the best interests of a child under the age of
16 years will not be recognized. Thus customary marriage of
a female child under the age of 14 years would violate all of
the above criteria or considerations.
(CEDAW State Party Report, May 2009).
--In the Marriage Act (chap. 280, sect. 1), a minor is a person
below the age of 21 years.
Marriageable age for males is 18. Marriageable age for
females is 16 years. In exceptional and unusual
circumstances, following an inquiry into the relevant facts
and circumstances, males of 16 and females of 14 may
obtain authorization from a judge or magistrate to marry a
particular person of marriageable age. In the Public Health
Act (sect. 1), a child is a person below the age of 16 years.
(CRC State Party Report, July 2003).
The Committee is concerned about the difference in the
minimum legal age of marriage for girls (16 years) and boys
(18 years). It is also concerned that despite these provisions
marriages at age 14 and 15 years are permitted.
www.equalitynow.org/childmarriagereport
Paraguay
16 years.
(CEDAW: Concluding
Observations, Nov. 2011)
Peru
16 years with parental and judicial
consent.
(CEDAW: State Party Report, Sept.
2012)
Philippines
18 years (for non-Muslims).
Muslims, no minimum age.
(CEDAW: Concluding
Observations, Oct. 2006)
Poland
18 years for women; 21 years for
men; 16 years for girls and 18
years for men with permission
from the court.
(CEDAW: State Party Report, Dec.
2004)
The Committee recommends that the State party raise the
minimum legal age of marriage for girls to that of boys and
take measures to prevent early marriages. (CRC: Concluding
Observations, Feb. 2004).
The Committee reiterates its concern about the minimum
legal age of marriage, which remains at 16 years for both
girls and boys. (CEDAW: Concluding Observations, Nov.
2011).
--The Committee expresses concern at the low legal minimum
age for contracting marriage, which is 16 years of age, but
which can be in certain cases lowered to 14. The Committee
recommends that the State party set the minimum age for
marriage for girls and for boys at 18 years of age. (CRC:
Concluding Observations, Feb. 2010).
The Peruvian government's policy to sensitize the youth and
the community about the negative implications of early
marriage and under Clause 1 of Article 241 ° of the Civil Code
adolescents cannot marry. Judges may excuse the
impairment only if they have at least 16 years, have
expressed their desire to marry and have the consent of their
parents. (CEDAW: State report, Sept. 2012).**
The Committee expresses concern that the minimum legal
age of marriage is 16 years for both girls and boys and that
such a low legal age of marriage may prevent girls from
continuing their education, lead them to drop out of school
early and may result in difficulties in their achievement of
economic autonomy and empowerment. (CEDAW:
Concluding Observations, Feb. 2007).
--***
The Committee is particularly concerned about existing
discriminatory provisions of the Code of Muslim Personal
Laws, which permit marriage of girls under the age of 18….
The Committee recommends that the State party
undertake a systematic review of all legislation and initiate
all necessary revisions so as to achieve full compliance with
the provisions of the Convention. It also encourages the
State party to intensify dialogue with the Muslim
community in order to remove discriminatory provisions
from the Code of Muslim Personal Laws. (CEDAW:
Concluding Observations, Oct. 2006).
The Family Code of 1997 removed many of the
discriminatory provisions under the Civil Code. It equalized
the age requirements to contract marriage at 18 years old; …
(CEDAW State Party Report, Aug. 2004).
--***
The Family and Guardianship Code fixed the minimum
marriageable age for men at 21 and for women at 18 (Article
10 paragraph 1). The difference was meant to discourage
marriages before men had completed the compulsory
military service. However, the appropriate guardianship
court could lower the marriageable age to 18 for a man and
to 16 for a woman if satisfied that the matrimony thus
contracted would be for the good of the new family and in
the public interest. The age of maturity for both sexes was
www.equalitynow.org/childmarriagereport
18. (CEDAW: State Party Report, Dec. 2004).*
--… Matrimony could be entered into by a male who had
attained 21 years of age and a female of at least 18 years of
age. However, for valid reasons, a family court could grant
permission for a male to marry at the age of 18 and a female
at the age of 16. … The minimum marriageable age for both
men and women has been set at 18. But a family court may
allow a woman who has attained 16 years of age to marry
(article 10, paragraph 1, of the Family and Guardianship
Code).
Portugal
18 years; 16 years with parental
consent.
(CEDAW: State Party Report, Nov.
2013)
Qatar
16 years for girls, younger with
consent of parties and judicial
permission. 18 for men.
(CEDAW: State Party Report,
March 2012)
… (1) The age of majority is 18 years of age, for example for
contracting marriage (see point (e)), under article 10 of the
Civil Code. (CRC State Party Report, 2002).*
The minimum age for marriage is set at 16 years old for men
and women. Until reaching the legal age, i.e. up to 18 years,
no one can marry without parental consent or guardian. In
certain cases, such authorization may be provided by the civil
registry official. (CEDAW: State Party Report, Nov. 2013).**
--***
According to the Family Act No. 22 of 2006, the minimum
age for marriage is 16 years for girls and 18 years for boys.
Article 17 of the Act provides that a girl below this age may
only be married with her guardian’s consent, with the proven
consent of both parties and with permission from a
competent judge. This is a key provision of the Act; there was
no minimum age for marriage before the Act was issued. …
Education is one of the main factors that explains why early
marriage in Qatar is now such a rare occurrence. As marriage
prevents girls in particular from continuing their general
education, families prefer to defer a marriage until their
daughters have gained at least a secondary school
certificate. The authorities advise families wishing to have
their daughters marry at an early age to wait, given that,
under the Family Act, a girl below marrying age may only be
married with the consent of her guardian, on condition that
both parties have been shown to have given their consent
and subject to the approval of a competent judge. (CEDAW
State Party Report, March 2012).**
--Despite the steps introduced by the Family Act, the
Committee is still concerned at the disparity in the minimum
age of marriage for boys and girls and particularly that the
age for girls is set at 16 years.
Romania
18 years.
(CRC: Concluding Observations,
June 2009)
Russian
18 years; 16 years with court
The Committee recommends that the State party rectify the
disparity in the minimum age of marriage for boys and girls
by raising the minimum age of marriage for girls to 18
years. (CRC: Concluding Observations, Oct. 2009).
The Committee welcomes the adoption of many legislative
and other measures taken with a view to implementing the
Convention, including…The entry into force of Law No.
288/2007 modifying the Family Code, setting at 18 years old
the legal age of marriage for both boys and girls. (CRC:
Concluding Observations, June 2009).
--Most recent CEDAW Concluding Observations outdated.
The legislation of the Russian Federation establishes the age
www.equalitynow.org/childmarriagereport
Federation
approval.
(CEDAW: State Party Report,
March 1999)
Rwanda
21 years; 18 years with waiver
from Minister of Justice.
(CRC: State Party Report, March
2012)
of marriage at 18 years. If valid grounds exist, the organs of
local self-government in the place where the State registry of
marriages is located may, at the request of the parties
wishing to marry, authorize a marriage between persons
who have reached the age of 16 years. (CEDAW: State Party
Report, March 1999).*
--***
The Committee notes as positive that Law No. 42/1988,
instituting the Family Code, sets the minimum age of
marriage at 21 years. The Committee nevertheless remains
concerned about the persistence of early marriages in the
State party, particularly in refugee communities.
The Committee urges the State party, in collaboration with
civil society, to: (a) Effectively enforce the Family Code to
prevent and prohibit early marriage, including among
refugee communities and ensure that perpetrators of such
acts are brought to justice;
(b) Strengthen its strategies for awareness-raising and
sensitization of families, traditional or religious leaders,
refugee families and the general public in order to
encourage a change of attitudes towards harmful practices,
such as early marriage; and
(c) Put in place effective monitoring systems to assess
progress towards the eradication of early marriages. (CRC:
Concluding Observations, July 2013).
Under article 171, marriage between a man and a woman
under twenty-one years of age is prohibited. However, under
twenty-one years, on serious grounds, a waiver of age can be
granted by the Minister of Justice or his/her representative,
provided the person involved is 18 years old. (CRC: State
Party Report, March 2012).
--****
Saint Lucia
18 years; 16 years with parental
consent.
(CEDAW: State Party Report, Sept.
2005)
Samoa
16 years for girls; 18 years for
men.
(CEDAW: Concluding
Observations, Aug. 2012)
Women have the same right as men to enter into marriage.
The Civil Code, Book Fifth, Chapter First, Articles 81 to 93
relate to conditions necessary to make entry into marriage
valid. Parties will not have the capacity to marry if - 1. either
of the two parties is under the age of 16 years; 2. there is no
consent by either party. [Consent in relation to minors until
the age of 18 is given by either parent(s) or guardian(s)]
(CEDAW: State Party Report, Sept. 2005).*
--***
The Committee is further concerned that the law provides
for different ages of marriage for women (16 years) and men
(18 years)….
The Committee calls upon the State party: (b) To raise the
minimum age of marriage for women to 18 years, in line
with article 16 (2) of the Convention, the Committee’s
general recommendation No. 21 and the Convention on the
Rights of the Child; (CEDAW, Concluding Observations, Aug.
2012).
The review of the Divorce and Matrimonial Property Act
1961 was completed in 2008 and it is now with the Office of
the Attorney General for the drafting of the actual
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amendments for submission to Parliament. The amended
changes to this Act calls for… removal of the current legal
age of marriage for girls of 16 to 18 years old to be inline
with article 12 and article 2 of the CEDAW and CRC. (CEDAW,
State Party Report, Jan. 2011).
--The Committee joins its voice to the concern raised by the
Committee on the Elimination of Discrimination against
Women regarding the difference of age of marriage, which is
16 for girls and 18 for boys.
The Committee recommends that the State party establish
one legal minimum age for marriage for both boys and girls
at an internationally acceptable level. (CRC, Concluding
Observations, Oct. 2006).
San Marino
18 years; 16 years with parental
consent.
(CRC: State Party Report, March
2003)
Sao Tome and
Principe
18 years for men and women. 14
years for a girl, 16 years for a boy,
with consent from parents or
legal representative.
(CRC: State Party Reports, Nov.
2011 and Dec. 2003)
Law No. 15 of 25 June 1975 fixes majority at age 18. Article 4
of Law No. 49 of 26 April 1986, “Reform of Family Law”,
provides that minors cannot contract marriage unless a
judge, after consulting the holders of parental responsibility,
establishes that there are serious grounds for authorizing a
minor of at least 16 years to marry. (CRC: State Party Report,
March 2003).*
--No CEDAW documentation though ratified in 2005.
As referred in the initial report, national legislation is
contemplating some institutions that already conform to CRC
stipulations with regard to the definition of the child. The
Committee recommends that the State strengthen its rules
with respect to under-18 marriage contract, an increase in
the minimum age for exceptions, and in establishing gender
equality between girls and boys.
The review of this law for compliance with the CRC
recommendation has not yet been carried out, in practical
terms, while various actions contributing to the necessary
change of attitudes for compliance have multiplied. (CRC:
State Party Report, Nov. 2011).**
The Committee notes with concern that the minimum age
for minors under 18 years to enter into marriage under
exceptional circumstances is discriminatory between boys
and girls.
The Committee recommends that the State party review
the rules regarding the possibility of concluding a marriage
below the general minimum age of 18 years, with a view to
increasing the minimum age for this exception and set
them at the same level for boys and girls. This should be
accompanied by awareness-raising campaigns and other
measures to prevent early marriages. (CRC: Concluding
Observations, July 2004).
Act No. 2/77 defines marriage as the voluntary union of a
man and a woman with legal capacity for that purpose with
the intention of living their lives together (art. 2).
The minimum age of consent to marriage is 18, for both men
and women (art. 3).
Minors under 18 may enter into marriage, under exceptional
circumstances, for a justified cause, from the age of 14 for a
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Saudi Arabia
No minimum age.
(CEDAW: Concluding
Observations, April 2008)
woman and the age of 16 for a man, but require
authorization from their parents or legal representative.
(CRC: State Party Report, Dec. 2003).
--****
The Committee is concerned that there is no legally
prescribed minimum age of marriage for girls and boys.
The Committee urges the State party to prescribe and
enforce a minimum age of marriage of 18 years for both
women and men, in accordance with article 16, paragraph
2, of the Convention and the Convention on the Rights of
the Child…. (CEDAW: Concluding Observations, April 2008).
--The Committee takes note of the information that the age of
majority is 18 in the State party but is concerned about the
information given during the dialogue that a judge has the
discretionary power to decide that a child has reached
majority at an earlier age.
The Committee recommends that the State party take the
necessary legislative and other measures to unequivocally
set the age of majority at 18 with no exception for specific
cases, including within the juvenile justice system. The
Committee further recommends that the State party clearly
set by law the minimum age for marriage at the same
internationally acceptable level for boys and girls. (CRC:
Concluding Observations, March 2006).
Senegal
16 years for girls and 20 years for
men.
(CRC: State Party Report, Feb.
2006)
With regard to social status, the law does not define a
specific minimum age for marriage; the Islamic Shariah
regulates discrepancies relating to capacity for marriage and
promotes marriage in a manner that ensures the happiness
of both spouses and averts the countless social dangers
inherent in the deferment of marriage. This flexibility of the
Islamic Shariah helps to satisfy the disparate needs of men
and women and serves the interests of both parties. (CRC
State Party Report, April 2005).
However, some of the concerns it had expressed and
recommendations it had made regarding … the unequal age
of marriage for girls and boys … have not been sufficiently
addressed….
The Committee urges the State party to make every effort
to address the recommendations issued in the previous
concluding observations (CRC/C/15/Add.44) that have not
yet been implemented and to provide adequate follow-up
to the recommendations contained in the present
concluding observations.
(CRC: Concluding Observations, Oct. 2006).
A median minimum age of marriage of 16.6 years has been
set, but under article 111 of the Family Code, the age of
consent to marriage is 16 for a girl and 20 for a boy and any
infractions brought to the courts’ notice are severely
punished, including in cases of forced
marriage. However, courts rarely take action proprio motu
and it is difficult for civil society organizations to bring
criminal indemnification proceedings. Further harmonization
in this area
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is still required. (CRC: State Party Report, Feb. 2006).
---
Serbia
18 years; 16 years with
authorization from the court.
(CEDAW: State Party Report, Oct.
2006 confirmed in 2011)
CEDAW session in 2014 in absence of State Party report; no
Concluding Observations since 1994.
In respect of the procedure for marriage contraction as well
as of age required to contract marriage there are no
amendments in relation to the Initial Report. (CEDAW State
Party Report, 2011).*
According to the Law on Marriage (Art. 49) being underage is
an obstacle to entering into marriage. Thus, a person who
has not reached the age of 18 cannot enter into a marriage.
However, the same Article provides for that the court may
allow entering into marriage to a person under 18 years old,
but not under 16 years old. (CEDAW: State Party Report, Oct.
2006).
--The Committee, while noting the efforts made by the State
party, such as the adoption of the Law on Protection of
Rights and Freedoms of National Minorities, the Committee
remains deeply concerned at the negative attitudes and
prejudices of the general public and at the overall situation
of children of minorities and in particular Roma children. The
Committee is concerned at the effect this has with regard to
… cases of early marriage; …
The Committee urges the State party to: (e) Raise
awareness in the Roma communities of the value of the girl
child, her right to access education without discrimination
as well as her right to be protected from early marriage and
its harmful impact. (CRC Concluding Observations, 2008).
The court may, for justified reasons, permit marriage to a
juvenile who has attained the age of 16 years and attained
physical and mental maturity necessary for exercising the
rights and duties in marriage (art. 23, para. 2). (CRC State
Party Report, 2007).
Seychelles
15 -17 years for girls with parental
consent and 18 years for men;
lower with judicial consent.
(CEDAW: State Party Report,
March 2012)
The Committee remains deeply concerned that despite its
previous recommendation the State party has not amended
its legislation to raise the minimum age of marriage for girls,
which is between 15 and 17 years with parental consent, to
that for boys, which is 18 years, thus maintaining gender
disparity among children.
The Committee reiterates its previous recommendation and
urges the State party to take all necessary measures to
harmonize the minimum age of marriage for girls with that
for boys, by raising the minimum age of marriage for girls to
18 years. (CRC: Concluding Observations, Jan. 2012).
--Gender disparities exist in the minimum age for marriage.
Article S 40 of the Civil Status Act states:
“A male person under the age of 18 years or a female under
the age of 15 years cannot contract marriage. But the
Minister may for grave causes authorize any person under
the above age to contract marriage.”
S 46(1) Civil Status Act: marriage of legitimate minor, what
consent necessary
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“A legitimate child who is under the age of 18 years cannot
contract marriage without the consent of his father. If the
father is dead or incapable of manifesting his will or is absent
from Seychelles or is on one of the outlying islands, the
consent of the mother shall be required and such consent
shall be sufficient.”
- Article 47(1): Marriage of illegitimate minor
“A natural child who is under the age of 18 years cannot
contract marriage without the consent of the parents by
whom he has been acknowledged or both parents when he
has been acknowledged by both. In the latter case if there is
disagreement, the consent of the father will be sufficient.”
(CEDAW: State Party Report, March 2012).**
Sierra Leone
18 years.
(CEDAW: State Party Report, Nov.
2012)
Singapore
18 years for both, though special
marriage license possible for
under 18.
(CEDAW Concluding
Observations, Aug. 2011 / CEDAW
State Party Report, April 2009)
Section 34 (1) of the same Act [Child Rights Acts] states that
the minimum age of marriage of whatever kind shall be
eighteen (18) years. (CEDAW: State Party Report, Nov.
2012).**
--The Committee welcomes the following measures taken by
the State party since its ratification of the Optional Protocol
in May 2002:
(a)
The enactment of the Child Rights Act in 2007
which, inter alia, sets the minimum age of marriage at 18
years… (CRC: Concluding Observations, Oct. 2010).
The Committee notes with appreciation the efforts of the
State party through the Islamic Religious Council of
Singapore to review and revise discriminatory legislation and
align Syariah law with civil law; in particular, the
amendments to the Administration of Muslim Law Act in
2008 raising the minimum age of Muslim marriage for both
parties from 16 to 18 years old. (CEDAW Concluding
Observations, Aug. 2011).
In 2008, amendments were made to the Administration of
Muslim Law Act (AMLA) to raise the minimum marriage age
from 16 to 18 years for Muslim females. This aligns the
minimum marriage age for Muslims with that for nonMuslims. Like their non-Muslim counterparts, a Muslim
below 18 years of age wishing to get married will have to
apply for a Special Marriage Licence before he/she can
marry.
Under the Women’s Charter, the minimum legal age of
marriage in Singapore is 18 years with parental consent. A
person below 18 years of age wishing to get married has to
apply for a Special Marriage Licence from the Ministry of
Community Development, Youth and Sports before he/she
can marry. (CEDAW State Party Report, April 2009).
--The Committee welcomes the amendment of the
Administration of Muslim Law Act (AMLA), which raised the
minimum age for marriage from 16 to 18 years for Muslim
girls. However, the Committee regrets that despite its
recommendation in its previous concluding observations
(para. 22), the Children and Young Persons Act (as amended
by Act 15 of 2010) still does not cover children between the
ages of 16 and 18.
The Committee recommends that the State party take all
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necessary measures to harmonize the definition of the child
in the national laws, in line with the Convention. The
Committee further recommends that the State party
extend the Children and Young Persons Act to cover all
persons under the age of 18. (CRC Concluding Observations,
May 2011).
Under the Women’s Charter, the minimum legal age of
marriage for non-Muslims in Singapore remains at 18 years
old, provided there is parental consent. Any person who is
below the age of 18 and who wishes to be married must
apply for a special marriage license from MCYS. (CRC: State
Party Report, July 2010).
Slovakia
18 years, 16 in exceptional cases
and with permission of the court.
(CRC: State Party Report, Sept.
2006)
Slovenia
Solomon
Islands
15 years for both but does not
apply to customary marriages.
(CEDAW: State Party Report,
March 2013)
Before the age of 18, majority can only be attained upon
marriage. Majority attained in this manner shall not be lost
upon the termination of marriage or its being declared null
and void. A minor older than 16 years of age may also enter
into marriage, though only in exceptional cases and with the
permission of a court. (CRC: State Party Report, Sept. 2006).*
--****
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
Section 10 of the Islanders Marriage Act provides that the
minimum age for marriage is fifteen for both boys and girls,
however this does not apply to customary marriages.
Consequently, there is no legislative prohibition on child
marriage.
The consent of both parents is not equal in respect to
marriage of minors. Section 10 of the Islanders Marriage Act
provides that a child between the age of fifteen and eighteen
who wishes to be married must have written consent of the
father, or if the father is dead, absent or of unsound mind
the consent of the mother. (CEDAW: State Party Report,
March 2013).**
--The age of marriage is too low (15 years), especially since no
birth certificate or any other official document is required for
marriage and marriage can take place upon visual
presumption of the applicant’s age.
The Committee recommends that the State party: (b) Raise
the age of marriage and require official documentation to
be presented
for official matters, e.g. marriage and employment; (CRC:
Concluding Observations, July 2003).
Not a State Party to CEDAW or CRC.
Somalia
South Africa
18 years.
The minimum age for consent to marriage in South Africa is
18 years for both boys and girls, and this has been extended
to customary marriages through the Recognition of
Customary Marriages Act, 1998 (Act 120 of 1998). (CEDAW:
State Party Report, March 2010).*
--CRC reporting is outdated.
Spain
18 years; 14 with court
permission in exceptional
The Committee notes that the marriageable age in the State
party is 18 years. However, the Committee reiterates its
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circumstances.
(CRC: Concluding Observations,
Sept. 2010)
Sri Lanka
18 years; no minimum age under
Muslim personal laws.
(CRC: State Party Report, Jan.
2010)
concern that a judge may authorize marriage as low as 14
years of age under exceptional circumstances (see
CRC/C/15/Add. 185).
The Committee recommends that the State party review its
legislation with a view to increasing the minimum age for
marriage under exceptional circumstances and with a
judge’s permission to 16 years, and that it be explicitly
specified as under exceptional cases.(CRC: Concluding
Observations, Sept. 2010).
--The Committee also notes with concern that unregistered
and unrecognized Roma marriages may leave women with
limited or no economic rights.
The Committee calls upon the State party to adopt the
measures that are necessary so as to guarantee and
safeguard the economic rights of all Roma women
regardless of whether or not their marriages are registered.
(CEDAW: Concluding Observations, Aug. 2007).
The Committee expresses serious concern that Muslim
personal laws allow girls under the age of 12 to be married.
While the Committee notes the creation of a special
committee to study a possible revision of personal laws, it is
however concerned that the State party considers that any
reform of the personal laws should come from the affected
communities themselves.
The Committee reminds the State party of its responsibility
to take immediate measures to prohibit early and forced
marriages and to raise the age of marriage to 18 years for
both boys and girls in accordance with its national
legislation. The Committee urges the State party to develop
sensitization and educational programmes involving
religious and community leaders and society at large,
including children themselves, to curb the practices of early
and forced marriages, which have a negative effect on the
development of children, especially girls. In line with
general comment No. 28 (2000) of the Human Rights
Committee on the equality of rights between men and
women, the Committee also reminds the State party that
freedom of religion may not be invoked to justify
discrimination against girls and practices such as forced and
early marriages. (CRC Concluding Observations, Oct. 2010).
The age of marriage in the general law is 18 years.
Sri Lanka recognizes certain Special or Personal Laws which
apply to particular groups within the country. Muslim law is
one such law. Muslim law does not specify a minimum age of
marriage. (CRC: State Party Report, Jan. 2010).
--The Committee is concerned that polygamy is not prohibited,
that there is no minimum age of marriage recognized under
the Muslim Personal Law, …
The Committee calls upon the State party:
(a) To accelerate the amendment of the Muslim Personal
Law regarding polygamy and early marriage …
(b) To consider preparing a unified family code in
conformity with the Convention in which equal right of
inheritance, property … are addressed, as well as … early
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marriage with the view to abolishing them, and include in it
the option of civil provisions available for all women; …
(CEDAW Concluding Observations, April 2011).
No changes have been effected in respect of Muslim
personal laws. …any State intervention to reform the law will
need the approval of the community. On a positive note,
although there is no minimum age of marriage recognized by
statute under the Muslim personal law, instances of child
marriages among the community are not known to be
frequent in current times. (CEDAW State Party Report, March
2010).
St. Kitts and
Nevis
Sudan
Unclear; CRC State Party report
from 2001
****
--CRC Concluding Observations are from 1999.
The Committee is also concerned at the prevalence of the
early and forced marriage of girls, which frequently has a
negative impact on their health, education and social
development.
In the light of article 24, paragraph 3 of the Convention, the
Committee urges the State party to:
Suriname
15 years for girls; 18 years for
men.
(CEDAW: Reply to List of Issues,
Oct. 2006)
(a)
pass legislation at the federal level to expressly
prohibit … early marriage and ensure that such legislation is
enforced in practice… (CRC: Concluding Observations, Oct.
2010).
--Not a State Party to CEDAW.
By resolution of June 17th, 2003 no. 4190/03, marriages can
only take place in conformity with article 82 of the Civil Code.
The minimum age for a man is 18 and for a woman is 15
years. (CEDAW: Reply to List of Issues, Oct. 2006).*
The Committee welcomes the raising of the minimum age for
marriage but remains concerned that a disparity between
this minimum for boys and girls still exists.
Swaziland
21 years; 16 years for girls, 18
years for boys with parental
consent; under 16 for girls with
consent of Deputy Prime Minister.
(CRC: State Party Report, Feb.
2006)
With reference to its previous recommendations
(CRC/C/15/Add, 130, paras. 19 - 24), the Committee
reiterates its recommendation that the State party bring
the minimum age of marriage for boys and girls to the same
internationally acceptable level of age 18. (CRC: Concluding
observations, June 2007).
The Marriage Act of 1964 is being reviewed and this process
will identify and address the gaps that were observed by the
Committee including the age differential in marriageable age
of boys versus girls and the marital power that currently
rests wholly on men. (CEDAW: State Party Report, April
2012).**
--The Committee is concerned at the lack of clarity under the
common law and the customary law in the State party
regarding the definition of the child and regarding the
minimum age for marriage.
The Committee recommends that the State party develop
and implement a clear definition of the child in accordance
with article 1 of the Convention on the Rights of the Child,
to expedite the preparation, adoption and enactment of
the Marriage Bill, which intends to set the minimum age for
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marriage at 18 years for both boys and girls, and to prevent
the practice of early marriages. (CRC: Concluding
Observations, Oct. 2006).
Under customary law and practice, the age of marriage for
girls is considered to be puberty or the ability to procreate.
Puberty for boys is not an indication of their capacity to
marry under customary law but often depends on the
declaration, usually by the King, that a particular age
regiment of male peers now has such capacity. This might
only occur when this male cohort is in their late twenties. In
the only existing monograph on the principles of Swazi
Customary Law it was acknowledged that marriage must in
any event occur after puberty.
According to the Marriage Act (1964), the minimum ages are
16 and 18 for girls and boys respectively. This provision
discriminates between boys and girls by providing a lower
minimum age for marriageability with respect to girls. This is
compounded by the fact that the Act empowers the Deputy
Prime Minister to consent should the girl be below 16.
However, in all cases parental consent is still required should
either the bride or groom be under 21. (CRC: State Party
Report, Feb. 2006).
Sweden
18 years; under 18 with special
permit.
(CEDAW: State Party Report, Sept.
2006)
Switzerland
Syria
17 years for girls; 18 years for
boys. Judges may allow for 13
years for girls and 15 years for
boys.
(CRC: Concluding Observations,
Feb. 2012)
The reform means that nobody can be married by a Swedish
authority before the age of 18 without a special permit. The
law also makes clear that child marriages and forced
marriages that have been entered into in other countries are
not accepted in Sweden. (CEDAW: State Party Report, Sept.
2006).*
--Most recent CRC State Party Report and Concluding
Observations not accessible in English.
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
The Committee reiterates its concern about the disparity
between the minimum age for marriage for boys (18) and
that of girls (17) provided in the Personal Status Code of
1957. The Committee is also seriously concerned that the
Personal Status Code authorizes even earlier marriages, as it
allows the judge to lower the age of marriage of boys to 15
years and of girls to 13 years if they are considered willing
parties to the marriage, “physically mature”, and if the father
or grandfather consents.
The Committee urges the State party to rectify the disparity
in the minimum age of marriage for boys and girls by raising
the minimum age of marriage for girls to that of boys at 18
years, and to repeal the provisions of the Personal Status
Code condoning early marriages. (CRC: Concluding
Observations, Feb. 2012).
--While noting that the State party is in the process of
reforming its Personal Status Act to remove discriminatory
provisions, the Committee is concerned about the delay in
the reform process and about the State party’s statement
that reform may be undertaken in a piecemeal manner. The
Committee is concerned, … about the existence of polygamy
and child marriages.
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The Committee recommends that the State party
undertake a comprehensive reform of its Personal Status
Act, ensuring that women and men have equal rights to
marriage, divorce, custody and inheritance and that
polygamy and child marriages are prohibited. The
Committee further recommends that the State party ensure
enforcement of such revised laws, including by requiring
registration of all births, deaths, marriages and divorces.
(CEDAW Concluding Observations, June 2007).
Tajikistan
18 years. 17 years with court
decision.
(CRC: Concluding Observations,
Feb. 2010)
No information on child marriage in 2012 State Party Report
to CEDAW, available only in Arabic.
While noting the amendment to the Family Code in
2011, that raised the marriage age to 18 years for girls
and boys … the Committee is concerned about high
incidence of child marriages … in the State party.
(CEDAW: Concluding Observations, Oct. 2013).
The Republic of Tajikistan law No. 613 of 21 July 2010 to
incorporate amendments and addenda in the Republic
of Tajikistan Family Code raised the marriageable age to
18 from 17. The purpose of raising the marriageable age
is to ensure the rights of girls to get an education and to
prepare them for independent living.
Practice shows that, in performing marriages, civil
registry authorities observe the marriageable age
established by family law. In special cases, based on a
court decision, the marriageable age may be lowered by
up to 1 year (Article 13 of the Family Code). (CEDAW:
Reply to List of Issues, June 2013).
--The Committee is concerned that the minimum legal age for
marriage in Tajikistan has been reduced to 17.
Tanzania
15 years for girls, 18 years for
men
(CEDAW: Draft Restricted
Concluding Observations)
The Committee urges the State party to revert to 18 years
as the minimum legal age of marriage for women and men.
(CRC: Concluding Observations February 2010).
The Committee recommended, in its previous Concluding
Observations, that the State party should set a clear
definition of a child in the draft Children’s Act that is in line
with the Convention on the Rights of the Child. It further
recommended that the State party should establish one legal
minimum age for marriage, at an internationally acceptable
level, for both boys and girls.
Both the Law of the Child Act (2009), which applies in
Tanzanian Mainland, and the Children’s Act (2011), which
applies in Zanzibar, have provisions that now define a child
2
as any person below the age of 18 years. These laws have
also amended several other laws that used to define a child
differently; and now there is a common definition of a child,
which is any person below 18 years.
The State Party still retains the minimum age of marriage as
nd
it was reported in the 2 periodic report. The reason for this
retention is that the question of minimum age of marriage
touches on certain religious beliefs. Public consultation is
2
See section 2 of the Zanzibar Children’s Act (2011); and section 4(1) of the Law of the Child Act (2009).
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imperative to reach a consensus on the minimum age of
marriage. In recognition of this religious reality, the State
Party has initiated a consultative process through which
members of the public are being consulted to provide their
inputs so as to enable the State Party to establish one legal
minimum age for marriage, at an internationally acceptable
level, for both boys and girls, as was recommended by the
Committee. (CRC: State Party Report, approved Jan. 2012
nd
[currently only available here ).** [Note that the 2 periodic
report is unclear on the minimum age of marriage.]
--Whilst noting that the proposed amendments to the
Marriage Act purports to establish the legal minimum age for
both girls and boys at 18 years instead of 15 years for girls
and 18 years for boys as it stands under Section 13 of the
Marriage Act, the Committee is concerned at the delay in
passing such amendment. …
The Committee urges the State party to harmonize civil,
religious and customary law with article 16 of the
Convention and to complete its law reform in the area of
marriage and family relations in order to bring its legislative
framework into compliance with articles 15 and 16 of the
Convention, within a specific timeframe. The Committee
also calls upon the State party to ensure that where
conflicts arise between formal legal provisions and
customary law, the formal provisions prevail….The State
party is urged to speedily enact the proposed amendments
to the Marriage Act to ensure that it establishes one legal
minimum age for marriage, at 18 years for both girls and
boys, in line with internationally acceptable standards.
(CEDAW: Draft Restricted Concluding Observations, July
2008).
Thailand
17 years; 13 years with parental
consent if there was sexual abuse.
(CRC: Concluding Observations,
Feb. 2012)
While welcoming that the legal minimum age of marriage is
17 years for both boys and girls, the Committee expresses
concern that this age limit can be lowered to 13 years in
cases where children are sexually abused and may
consequently marry the perpetrators, who in turn avoid any
criminal prosecution for the crime.
The Committee recommends that the State party consider
raising the minimum age of marriage to 18 years and
maintain it under all circumstances, in particular in cases
where children have been sexually abused. It recommends
that the State party prosecute and punish perpetrators of
sexual abuse against children without any exceptions.
(CRC: Concluding Observations, Feb. 2012).
--With regard to marriage, the Committee notes with concern
that a man who has sexual relations with a girl over the age
of 13 but under the age of 15, with her consent or that of her
parents, could marry her without being prosecuted.
The Committee urges the State party to accelerate its
reform of the Family Law in order to eliminate all
discriminatory provisions, particularly in relation to
betrothal, marriage and divorce, so that women and men
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can enjoy the same legal rights and obligations. (CEDAW:
Concluding Observations, Feb. 2006).
The Family Law states the following nine conditions for
marriage whereby both men and women enjoy the same
rights to enter marriage.
The former
Yugoslav
Republic of
Macedonia
18; 16 years with permission of
the court
(CEDAW: State Party Report,
2011)
(1) Both the man and woman are at least 17 years of age. If a
man mistakenly has sexual relations with a girl over age 13
but under age 15, with the consent of the girl or her parents,
Criminal Law allows the Court to permit the couple to marry
without the man being prosecuted. (CEDAW State Party
Report, June 2004).
The Committee is concerned about the prevalence of the
practice of arranged and early marriage within Roma and
Albanian communities, the lack of specific measures in place
to combat this discriminatory practice, the lack of statistical
data and information on this phenomenon and the lack of
measures taken by the State party to ensure that all
marriages are registered.
The Committee urges the State party to strengthen its
efforts to raise awareness among Roma and Albanian
communities about the prohibition of child marriage, as
well as on its harmful effects on girls’ health and education,
and to effectively investigate and prosecute cases of forced
and early marriage. The Committee also calls upon the
State party to adopt measures to register all marriages,
including those taking place within Roma and Albanian
communities. (CEDAW Concluding Observations, 2013).
... A person below the age of 18 cannot enter into marriage.
Timor Leste
15 for girls, 18 for men.
The authorised court can allow a person who is already 16
years of age to enter marriage as part of a non-trial
procedure if it determines that the person is physically and
psychologically mature to exercise the rights and perform
the duties established at matrimony, but only after obtaining
an opinion from a health care institution and providing the
person with professional assistance at the Social Work
Centre. (CEDAW State Party Report, 2011).
--The Committee, while noting that the minimum legal age of
marriage is set at 18 years, is concerned about the practice
of early and forced marriages of girls in certain communities,
including traditional marriages not registered with the
authorities, and about reported instances of sale of children
for the purpose of marriage, and notes that such practices
may be exacerbated in times of economic hardship. (CRC:
Concluding Observations, June 2010).
While welcoming the efforts of the State party to draft a
national Civil Code and the statement made during the
interactive dialogue confirming that the draft Civil Code
is ready for submission to the Parliament, the
Committee is concerned that the draft Civil Code
contains discriminatory provisions in relation to
marriage and family relations. In particular, the
Committee is concerned that the minimum legal age for
marriage currently applied is 15 years for women and 18
years for … It is further concerned about the practice of
forced marriages, in particular of girls. …
www.equalitynow.org/childmarriagereport
It urges the State party to raise the minimum age for
marriage in the draft Civil Code to 18 years. (CEDAW:
Concluding Observations, Aug. 2009).
--The Committee notes that the State party, by virtue of
section 9 of the Constitution and incorporation of the
Convention directly into its domestic legal framework, has
defined a child as being every human being under the age of
18 years. The Committee is concerned, however, that the
currently applicable minimum age for the marriage of girls is
too low.
The Committee recommends that the State party further
review its legislation with a view to establishing the
minimum age for marriage at 18 years of age, equally
applicable for both boys and girls. …
The Committee is concerned at the practice of arranged
marriages - under customary law - for very young girls,
particularly in rural areas. The Committee notes that such
practices violate the provisions and principles of the
Convention on the Rights of the Child.
The Committee recommends that the State party
undertake measures to raise the awareness of the harmful
effects of early marriage, in particular in communities in
which very young girls are given into marriage under
customary law practices, with a view to ensuring that girls
are not forced into marriage. (CRC: Concluding
Observations, Feb. 2008).
Togo
18 years for both sexes; marrying
foreign children authorized.
(CRC: Concluding Observations,
March 2012).
While noting as positive that the legal age of marriage has
been raised to 18 years for both boys and girls, the
Committee is seriously concerned that early and forced
marriages continue to be widely practiced throughout the
State party. The Committee is also concerned that article 21
of the Children’s Code authorizes the marriage of foreign
children with Togolese citizens.
The Committee urges the State party to harmonize the legal
provisions related to the age of marriage and to repeal
article 21 of the Children’s Code. The Committee urges the
State party to take active and concrete measures to enforce
the legal prohibition of early and forced marriage. (CRC:
Concluding Observations, March 2012).
--Stereotypes and harmful practices
The Committee welcomes the organization by the State
party of awareness-raising campaigns on the role and place
of women in the family and society … However, the
Committee expresses its deep concern at the persistence of
adverse cultural norms, practices and traditions, as well as
patriarchal attitudes and deep-rooted stereotypes
regarding the roles and responsibilities of women and men
in the family and society. It notes that stereotypes
contribute to the persistence of violence against women
and harmful practices, including polygamy, pre-marriage,
forced and early marriage, widowhood practices, levirate,
sororate, bondage, female genital mutilation and denial of
www.equalitynow.org/childmarriagereport
inheritance rights to women.
Recalling that combating negative gender stereotypes is
one of the most important factors of social advancement,
the Committee reiterates its recommendation that the
State party: (a) Put in place, without delay, a
comprehensive strategy with a results oriented approach,
in conformity with articles 2 (f) and 5 (a) of the Convention,
to eliminate stereotypes and harmful practices that
discriminate against women, such as polygamy, premarriage, forced and early marriage, widowhood practices,
levirate, sororate, female genital mutilation, denial of
inheritance rights to women, bondage of young girls in
voodoo convents and violence against children or old
women believed to be witches … (b) Include in the revised
Penal Code provisions prohibiting polygamy, premarriage,
forced and early-marriage, widowhood practices, levirate,
sororate, bondage, female genital mutilation and denial of
inheritance rights to women, and provide adequate
sanctions; …
While welcoming the validation in 2008 of the national
strategy to fight against all forms of violence against women,
… the Committee remains concerned about: (a) The
persistence of violence against women, including rape,
sexual harassment at school, in the workplace and the public
sphere, early and forced marriages, …
Tonga
Trinidad and
Tobago
18 years; 12 years for girls, 14
years for boys with parental
consent.
(CRC: State Party Report, Nov.
2004)
While noting the efforts undertaken by the State party to
eliminate the practices of pre-marriage and forced and early
marriages, the Committee is deeply concerned about the
persistence in the State party of the practice of polygamy,
pre-marriage, forced and early marriages and denial of
inheritance rights to women. (CEDAW Concluding
Observations, Nov. 2012).
Not a State Party to CEDAW; no reporting to CRC
While noting that majority is attained at 18 years under the
Age of Majority Act and the amended Children (Amendment)
Act 68 of 2000, the Committee notes with concern that this
Act has not been proclaimed yet and that the definition that
remains valid defines a child as a person under the age of 14
years. In addition, the Committee is concerned that the
domestic legal order of the State party contains a number of
different minimum ages and definitions of the child
according to purpose, sex and religion.
The Committee recommends that the State party proclaim
as a matter of priority the amendment to the Age of
Majority Act of 2000, and make the necessary efforts to
harmonize the various minimum ages and definitions of the
child in its legal order to recognize that all persons below 18
are entitled to special protection measures and specific
rights as enshrined in the Convention. (CRC Concluding
Observations, March 2006).
… the Government of Trinidad and Tobago has enacted
domestic statutes to give legal recognition to marriages
performed under Christian, Muslim, Hindu and Orisa rites
respectively. However, there is no uniform minimum age of
marriage under the various marriage laws. The minimum age
at which a marriage can be contracted under each of these
www.equalitynow.org/childmarriagereport
Tunisia
18 years.
(CEDAW: Concluding
Observations, Nov. 2010)
statutes differs as a result of the traditional attitudes and
beliefs of the respective religious groups. There are also
disparities in the minimum age of marriage based on gender.
The Marriage Act, Chap. 45:01
Under this Act, consent is required for the marriage of a
minor from his or her parents. Males must be at least
fourteen (14) years of age and females at least twelve (12)
years (which are the minimum ages of capacity for marriage
at common law). (CRC: State Party Report, Nov. 2004).
--The Committee is concerned that child marriages are
sanctioned under several of the legal regimes regulating
marriage. The Committee notes that such marriages are
prohibited by article 16, paragraph 2, of the Convention, and
that such marriages have serious consequences for girls,
including with regard to health. The Committee urges the
State party to ensure that all its minimum age of marriage
laws and other programmes to prevent early marriage are in
line with the obligations of the Convention. (CEDAW:
Concluding Observations, 2002).
The Committee welcomes steps undertaken by the State
party in view of reviewing and revising discriminatory laws,
namely: (a) Amendment of the Code of Personal Status (Act
No. 2007-32) in May 2007 to equalize the minimum age of
marriage for women and men to 18 years. (CEDAW:
Concluding Observations, Nov. 2010).
--The Committee notes with appreciation the adoption of: Act
No. 2007-32 of May 2007 equalizing the minimum age for
marriage for boys and girls, setting it at 18 years for both
sexes. (CRC: Concluding Observations, June 2010).
As part of the follow-up to the concluding observations and
the recommendation made in that regard by the Committee,
the present report notes the adoption of Act No. 2007-32 of
14 May 2007 amending certain provisions of the Code of
Personal Status; that Act equalizes the minimum age for
marriage for boys and girls, setting it at 18 years for both
sexes. (CRC State Party Report, Nov 2008).
Turkey
17 years, 16 with approval of a
judge.
(CRC: State Party Report, July
2011)
The Committee notes that the minimum age for marriage is
17 years for both boys and girls, and marriage at the age of
16 is permitted in special circumstances, with the approval of
a judge. However, the Committee is concerned that the
minimum age for marriage may not be observed, particularly
in rural and remote areas of the State party.
The Committee recommends that the State party consider
raising the minimum age of marriage to 18 years, and
ensure full compliance therewith throughout the country,
including in rural and remote areas. (CRC Concluding
Observations, July 2012).
The Turkish Civil Code, which came into force 2001, requires
that men and women complete the age of 17 before they
can marry. The difference in the minimum age for marriage
for men and women, noted in the concluding observations
has thus been removed. (CRC: State Party Report, July 2011).
--While welcoming the numerous measures taken, including
programmes or strategies in place to combat negative
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stereotypes pertaining to the roles of women and men, the
Committee remains concerned about the persistence of
patriarchal attitudes and deep-rooted stereotypes
concerning women’s roles and responsibilities that
discriminate against women and perpetuate their
subordination within the family and society. … The
Committee also reiterates its concern about the persistence
of harmful traditional practices, including early and forced
marriage.
Turkmenistan
18 years; 16 for foreign spouses.
(CRC: Concluding Observations,
June 2006)
Tuvalu
16 years.
(CRC: Concluding Observations,
Oct. 2013)
Uganda
Unclear.
[T]he Committee urges the State party to continue to
accelerate efforts to eliminate discriminatory attitudes and
stereotypical attitudes in accordance with articles 2 (f) and
5 (a) of the Convention. It urges the State party to intensify
cooperation in this regard with civil society organizations,
women’s groups and community leaders, traditional and
religious leaders, as well as teachers and the media. The
Committee invites the State party to increase its efforts to
design and implement long-term strategies, as well as
education and awareness raising programmes, targeting
women and men at all levels of society, with a view to
creating an enabling environment for the elimination of
stereotypes and traditional practices that are
discriminatory to women and allowing women to exercise
their fundamental rights. It further calls on the State party
to continue to monitor and periodically review the
measures taken in order to assess their impact, to take
appropriate action and to report thereon to the Committee
in its next periodic report. (CEDAW: Concluding
Observations, Aug. 2010).
While welcoming the adoption of the new Family Code, that
raised the marriage age to 18 years Committee is concerned
at the information that, while the ages of marriage is
normally set at 16 years, for Turkmen citizens who marry
foreigners and stateless persons, the age of marriage is set at
18 years.
The Committee recommends that the State party eliminate
this form of discrimination, by ensuring that all persons
below 18 years of age receive the same protection under
the Convention and that the age of marriage be the same
for all Turkmen citizens, irrespective of the nationality of
the future spouse. (CRC: Concluding Observations, June
2006).
--****
The Committee is concerned that the age of marriage is 16
years.
The Committee urges the State party to raise the age of
marriage to 18 years for both boys and girls. (CRC:
Concluding Observations, Oct. 2013).
--The marriageable age in Tuvalu still remain at 16 years of age
and above. There have been a lot of support to bring up the
age of marriage to 18 years. Marriage of people under the
age of 16 years is simply an ignorance of the formal legal
system. (CEDAW: State Party Report, Nov. 2012).**
The Committee also expresses its concern at the high
number of early marriages of girls …
www.equalitynow.org/childmarriagereport
The Committee urges the State party to harmonize civil,
religious and customary law with article 16 of the
Convention and to complete its law reform in the area of
marriage and family relations in order to bring its legislative
framework into compliance with articles 15 and 16 of the
Convention, within a specific time frame. To this end, the
Committee calls upon the State party to review and amend,
as necessary, the current version of the Marriage and
Divorce Bill as well as the Muslim Personal Law Bill to
ensure that these do not discriminate against women.
(CEDAW: Concluding Observations, Oct. 2010).
Nothing specific on minimum age of marriage in 2009 State
Party Report to CEDAW.
--The Committee is concerned that the different marriage laws
do not conform to the definition of a child as contained in
the Constitution, the Children’s Act and the Convention.
The Committee recommends that the State party fully
enforce the age of marriage set out in the law for all forms
of marriage and for both boys and girls. It also recommends
that the State party expedite its reform of the marriage
laws undertaken by the Uganda Law Reform Commission. It
further recommends that the State party undertake
sensitization campaigns, especially among local traditional
leaders, on the negative impact that early and forced
marriage has, particularly on girls. (CRC: Concluding
Observations, Nov. 2005).
Ukraine
17 years for girls, 18 years for
men; registration of marriage of
children 14-18 is allowed if in best
interests of child.
(CEDAW: Concluding
Observations, Jan. 2010)
Nothing specific on minimum age of marriage in 2004 State
Party Report to CRC.
The Committee is concerned about the remaining disparities
in the State party with respect to the minimum age of
marriage for boys and girls, which is set at 18 and 17,
respectively.
The Committee calls upon the State party to ensure that
the minimum age of marriage is raised to 18 for girls, and
that no exceptions to this minimum age exist, in line with
article 16 of the Convention and the Committee’s general
recommendation No. 21. (CEDAW: Concluding Observations,
Jan. 2010).
--The Committee is concerned that, despite its previous
recommendation, the minimum legal age of marriage
discriminates between boys (18) and girls (17). The
Committee is furthermore concerned that registration of
marriage of children aged 14-18 is allowed under the Civil
Code if in the best interests of the child. …
The Committee urges the State party to amend the Civil
Code to ensure that domestic legislation stipulates 18 years
as the minimum age of marriage for both girls and boys.
The Committee further recommends that the State party
review its legislation with a view to increasing the
exceptional minimum age of marriage to 16 years of age
and clearly stipulate in law what such exceptional
circumstances are. (CRC Concluding Observations, April
2011).
www.equalitynow.org/childmarriagereport
… Under Civil Code articles 34 and 35, a person who has
reached 18 years of age enjoys full civil capacity. Registration
of the marriage of an adolescent immediately provides the
adolescent with full civil capacity. Should such marriage be
terminated before majority is reached, or annulled on
grounds not related to unlawful conduct on the adolescent’s
part, he or she retains full civil capacity. …
… The only remaining discriminatory provision of domestic
legislation concerns the minimum marriage age for boys and
girls. (CRC State Party Report, March 2010).
United Arab
Emirates
18 years.
(CEDAW: State Party Report, Sept.
2008)
United
Kingdom
No information in most recent CEDAW and CRC Concluding
Observations or in State Party Reports.
United States
Uruguay
A woman has the right to have recourse to the judge in the
event that the guardian refrains from marrying a woman
who has reached the age of 18, which is the legal
marriageable age. (CEDAW: State Party Report, Sept. 2008).*
--***
Not a State Party to CEDAW or CRC.
12 years for girls; 14 years for
boys.
(CEDAW: Concluding
Observations, Nov. 2008)
The Committee regrets that the Code on Childhood and
Adolescence has failed to modify the very low minimum age
for marriage, which continues to be set at 12 for girls and 14
for boys, which is in contradiction to article 16, paragraph 2,
of the Convention.
In line with the Committee’s previous recommendation
(A/57/38, part I, para. 205) and the Committee on the
Rights of the Child’s recommendation (CRC/C/URY/CO/2,
para. 26), the State party is called upon to eliminate
discriminatory legal provisions in matters relating to family
and marriage in order to bring its legislation into line with
the Convention. In particular, the
State party should raise minimum age of marriage for both
men and women to 18 years, in line with article 16,
paragraph 2, of the Convention, the Committee’s general
recommendation 21 and article 14 of the Convention on the
Rights of the Child. (CEDAW: Concluding Observations, Nov.
2008).
Uzbekistan
17 years for girls; 18 years for
boys; 16 years for girls possible
It is recognized that the minimum age for marriage in
Uruguay is still too low and unequal between men and
women. Also, this issue has been the subject of comment by
the Committee on the Elimination of Discrimination against
Women (2002 and 2008), the Committee on the Rights of
the Child (2007) and the Human Rights Council (2009). The
State party wishes to note however, that there have been
efforts to change the situation. However despite legislative
attempts carried forward in 2009, to raise the age for
marriage at 16 years for both men and women, they have
not prospered and are stalled in the Parliament of the
Republic. (CRC: State report, Oct. 2012).**
While noting the information provided by the delegation of
the State party that a social survey has been conducted on
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with dispensation.
(CEDAW: Concluding
Observations, Jan. 2010)
the question of the marriage age and that the State party is
considering introducing the same marriage age for girls and
boys, the Committee remains concerned that article 15 of
the Family Code currently contains different marriage ages
for girls (17 years) and boys (18 years), with the possibility of
a dispensation of one year for girls only (16 years).
The Committee also expresses its concern that the
practices of polygamy, early marriage, arranged
marriage and the kidnapping of young girls to force
them to marry continue, particularly in rural areas. …
The Committee also urges the State party to take all
necessary measures to combat the practices of early
marriage, arranged marriage and forced marriage of
kidnapped women. (CEDAW: Concluding Observations,
Jan. 2010).
--The Committee urges the State party to take all necessary
measures to address those recommendations from the
concluding observations (CRC/C/UZB/CO/2) that have not
been implemented or sufficiently implemented, and in
particular recommends that the State party:
(e) Expeditiously raise the minimum age of marriage to 18
years for girls, and ensure full compliance therewith
throughout the country, including in rural and remote
areas; … (CRC: Concluding Observations, July 2013).
Proposals to enshrine in the law the principle of equal rights
for women and men with regard to marriage and the
prohibition of child marriage are currently under public
discussion. (CRC State Party Report, Jan. 2012).
Vanuatu
16 years for girls; 18 years for
men.
(CEDAW: Concluding
Observations, June 2007).
Venezuela
14 years for girls, 16 for boys.
(CEDAW: Concluding
Observations, Jan. 2006)
The Committee is concerned that the law provides for
different ages of
marriage for women and men — 16 years for girls and 18 for
boys.
The Committee urges the State party to raise the minimum
age of marriage for women to 18 years, in line with article
16 of the Convention, the Committee’s general
recommendation 21 and the Convention on the Rights of
the Child. (CEDAW: Concluding Observations, June 2007).
--The Committee is also concerned about the disparity
between theminimum legal age for the marriage of boys (18
years) and that of girls (16 years).
The Committee recommends that the State party review its
legislation in order to bring it into full conformity with the
provisions and principles of the Convention. (CRC,
Concluding Observations, Nov. 1999).
The Committee notes with concern that the minimum legal
age of marriage is set at 14 for girls and 16 for boys.
The Committee urges the State party to take measures to
raise the minimum legal age of marriage for girls in order to
bring it into line with article 1 of the Convention on the
Rights of the Child, which defines a child as anyone under
the age of 18 years, and with article 16, paragraph 2, of the
Convention on the Elimination of All Forms of
Discrimination against Women. (CEDAW: Concluding
Observations, Jan. 2006).
www.equalitynow.org/childmarriagereport
Vietnam
18 years for women; 20 years for
men.
(CEDAW: State Party Report,
March 2013)
--In response to the Committee's recommendations, the
Lopnna in Article 177, establishes the jurisdiction of the
Court of Protection of NNA to solve all those cases where
authorization is requested for marriage where one or both
parties are teenagers. In June 2010, the Supreme Court
upheld an appeal for annulment on grounds of
unconstitutionality filed by the Ombudsman against Section
46 of the Civil Code, which makes a distinction regarding age
for marriage, enshrining as a sine qua non condition that the
woman must have attained 14 years of age and men have
reached the age of 16, implying a differentiation damaging
the principle of equality and non-discrimination under Article
21 and 77 of the CRBV. The request made by the
Ombudsman, requires the application of the requirements
for marriage, equal to proceed to celebrate the marriage,
both men and women. This Appeal is being analyzed by the
Highest Court. (CRC: State report, July 2012).**
The Marriage and Family Law does not provide exceptions
for cases of men married before age 20 and women before
age 18. The marriage violating this provision shall be deemed
child marriage (unlawful marriage) and shall be abolished by
the courts. The Penal Code stipulates those who organize
weddings, register marriages for persons under the age of
marriage can be imprisoned for up to two years.
However, in mountainous and remote areas, due to difficult
travelling conditions, many are unable to register marriages
pursuant to the law. On the other hand, in these areas, many
backward customs and practices have not been entirely
eliminated such as: child marriage… (CEDAW: State Party
Report, March 2013).**
--However, the Committee is seriously concerned at laws and
practices that continue to discriminate against children ... In
particular, the Committee is concerned at the following: (d)
Societal discrimination against girls who consequently drop
out of school and engage in early marriage, especially in the
mountainous areas…
In the light of article 2 of the Convention, the Committee
urges the State party to ensure that all children in the State
party effectively enjoy equal rights under the Convention
without discrimination on any ground, and to this end:
Yemen
None.
(CEDAW: State Party Report,
March 2007).
(d) Launch public awareness-raising programmes, including
campaigns with a view to eliminating all forms of
discrimination against girls, focusing on … on girls’
engagement in early marriage, especially in mountainous
areas… (CRC: Concluding Observations, Aug. 2012).
The Committee is extremely concerned at the amendment to
the Personal Status Law No. 20 of 1992 by Law No. 24 of
1999 and its negative consequences, which legalized the
marriage of girl children below 15 years of age, with the
consent of their guardian, which is a clear setback for the
women’s rights and the implementation of the provisions of
the Convention in the State party and a serious violation of
the State party’s obligations under the Convention. The
Committee remains deeply concerned at the “legality” of
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such early marriages of girl children, some as young as eight
years of age, which amounts to violence against them, create
a serious health risk for those girls and also prevents them
from completing their education.
The Committee urges the State party, reiterating its
previous recommendations, to take urgent legislative
measures to raise the minimum age of marriage for girls …
and stipulate that child marriages have no legal effects. The
Committee also urges the State party to enforce the
requirement to register all marriages in order to monitor
their legality and the strict prohibition of early marriages as
well as to prosecute the perpetrators violating such
provisions. The Committee recommends that the State
party ….develop awareness-raising campaigns, with the
support of civil society organizations and religious
authorities, on the negative effects of early marriage on the
wellbeing, health and education of girls. The Committee
also urges the State party to adopt, without delay, the Safe
Motherhood Law recently presented to the Parliament,
which includes provisions prohibiting any practice that
endangers women’s health, such as early marriages….
(CEDAW: Concluding Observations, July 2008).
There is no clear legal text defining the minimum age for
marriage or engagement except for what is mentioned in
article (15) of the Personal Status Law: (The marriage of a
little girl is legally valid but she is not to be wedded until she
is ready for sex, even if she exceeds 15 years old. And
marriage of a little boy is not legally valid unless it is proven
for the good.) (CEDAW: State Party Report, March 2007).
--Further to the information stated in the previous report, the
national laws relating to child rights have been scrutinized
and reviewed. Amendments to those laws have been drafted
and include raising the age of majority to 18 years, in
conformity with the Convention, in addition to raising the
age of criminal responsibility, the age of marriage …. (CRC
State Party Report, Oct. 2012). **
The Committee is concerned about the legislative
inconsistency concerning the definition of a child and in
particular the difference between age of majority, 18 years,
and age of maturity, 15. The Committee is further concerned
at the minimum age for marriage for girls, 15, and that some
may even get married earlier, as young as 12, due to the lack
of law enforcement.
Zambia
21 years but exceptions under
customary law.
(CEDAW: State Party Report, May
2010)
The Committee recommends that the State party ensure
that all persons below 18 years of age receive the same
protection under the Convention. The Committee further
recommends that the State party take the necessary
measures to prevent marriages at a very young age and
increase the legal age of marriage to an internationally
acceptable level. (CRC Concluding Observations, Sept. 2005).
The Committee is concerned that … the contradiction in the
Constitution has not been amended in that while article 11
guarantees the equal status of women, article 23, paragraph
4, permits discriminatory laws and practices in the area of
personal and customary laws, namely, early marriage…
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The Committee is concerned about the negative impact of
the dual system of law in Zambia. While the State party has
indicated that statutory law will prevail where there is a
conflict with customary law, the Committee is concerned
that customary law is in fact preferred and is more likely to
be applied in family and personal relations, namely,
adoption, marriage … The Committee notes with concern …
that harmful practices negate the rights of women to decide
freely and responsibly on the number and spacing of their
children.
The Committee calls upon the State party to: (c) Train and
sensitize administrators of customary and traditional courts
about the Convention and statutory laws that promote and
guarantee the rights of women and girls, including with
regard to marriage and family relations; (d) Ensure the de
facto criminalization of certain harmful customary practices
such as early marriage and sexual cleansing. (CEDAW:
Concluding Observations, Sept. 2011).
The Marriage Act Chapter 50 provides for the minimum age
of 21 for either male or female at which they can enter into
marriage without restrictions. (CEDAW: State Party Report,
May 2010).
--73. (b) The Marriage Act, chapter 50, does not cover
marriages contracted under customary law. The latter
permits child marriages and, thus, circumvents the
protective provisions of the Marriage Act; …
91. The Marriage Act, chapter 50, stipulates that any person
below 21 years requires written consent of a parent or
guardian before a marriage is contracted. However,
customary law allows the contracting of marriage after
attainment of puberty subject to parental consent.
Zimbabwe
16 years for girls, 18 years for
men; no minimum age under
customary law.
(CEDAW: State Party Report, Nov.
2010)
The State party wishes to acknowledge that in the Zambian
context the definition of a “child” is problematic because it
is dependent upon specific circumstances and situations.
The problem is particularly manifested in the customary
law system where the age of maturity is the attainment of
puberty. This type of definition actually results in child
marriages where a girl of 14 years can legally marry under
customary law. However, the State party wishes to affirm
that there is no difference between Zambia’s statutory
legislation and the Convention on the definition of a child.
(CRC State Party Report, Nov. 2002). *
Section 21 of the Act sets minimum age of marriage at 16
years for girls and 18 years for boys. It has been proposed
that the minimum age should be 18 years for both girls and
boys. This will be in line with the legal age of majority under
the Legal Age of Majority Act…. While the Marriage Act
[Chapter 5:11] sets 16 years as the minimum age for
marriage to ensure that a child below the minimum age can
only be married with the permission of the Minister of
Justice or a Judge of the High Court, customary law does not
set a minimum age for marriage.… Furthermore, the
requirement for parental consent to marriage, on the part of
the woman, will be done away with, in favour of consent by
the intending spouses. Lack of parental consent will
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therefore, not stop the solemnisation of a customary
marriage, as this practice perpetuates in a woman of any
age, the status of a minor.
(CEDAW: State Party Report, Nov. 2010).*
--CRC reports outdated.
Key
*Nothing mentioned relating to child marriage law in Committee’s Concluding Observations
where State Party report mentioned
**No Concluding Observations at all for that country or because not yet issued
***Nothing in CRC Concluding Observations where State Party report also not mentioned
****Nothing in CEDAW Concluding Observations where State Party Report also not mentioned
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AFRICA
Summary of Official Minimum Age of Marriage Laws
as reported to or by the CEDAW and CRC Committees
18 years or above without exception
Algeria*, Benin, Comoros, Côte d’Ivoire, Egypt
(implied), Ethiopia, Guinea-Bissau, Kenya,
Lesotho, Libya, Rwanda, Sierra Leone, South
Africa, Tunisia
*but “rapists may therefore avoid punishment by marrying the
girl,” so this could in practice lower the minimum age
18, or above, but with exceptions
Angola (15 for girls, 16 for boys can be
authorized), Botswana (min. age does not
apply to customary and religious marriages),
Burundi (provincial governor may grant
exception), Cape Verde (may be lowered to 16
for both), Central African Republic (under 18
with parental consent), Congo (Republic of)
(18 but younger with permission from State
Procurator), Democratic Republic of Congo (14
for girls under the 1987 Family Code but 18
under the 2009 Protection of Children Act),
Djibouti (18 but any age with consent of
guardian or judge), Eritrea (18 but 16 if
pregnant and customary exempt), Ghana (18
but varies under customary law), Guinea
(younger than 18 with parental consent),
Liberia (exceptions under customary law),
Madagascar (18 but 14 with parental consent
and court order), Malawi (15 with parental
consent; under 15 not clearly prohibited),
Mauritania (less than 18 with judicial consent),
Mauritius (16 with parental consent), Morocco
(with judicial consent can be much lower),
Mozambique (16 with parental consent),
Namibia (18 years but does not apply to
customary marriages), Nigeria (18 years with
some much lower State exceptions and
conflicting related Constitutional provision),
Sao Tome and Principe (14 years for a girl, 16
years for a boy, with consent from parents or
legal representative), Swaziland (21 but 18 for
men and 16 for girls with parental consent;
under 16 for girls with consent of Deputy
Prime Minister), Togo (marrying foreign
children authorized); Uganda (unclear in
reports), Zambia (exception for customary law)
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Below 18 or no minimum age
Burkina Faso (15 for girls, 18 for men with
court waiver), Cameroon (15 for girls, 18 for
men), Chad (17 for girls, 18 for men; 13 for
customary marriages), Equatorial Guinea
(unclear), Gabon (15 for girls, 18 for men),
Gambia (not noted), Mali ([16] for girls, 18 for
men; 15 with court waiver), Niger (15 for girls),
Senegal (16 for girls, 20 years for men),
Seychelles (15 -17 years for girls with parental
consent and 18 years for men; lower with
judicial consent ), Sudan (unclear), Tanzania
(15 for girls, 18 for men), Zimbabwe (16 for
girls, no minimum age under customary law)
Asia and the Middle East
Summary of Official Minimum Age of Marriage Laws
as reported to or by the CEDAW and CRC Committees
18 years or above
18 or above with exceptions
Azerbaijan (unclear if able to get authorization
for 17), Bhutan, Laos, Nepal, Oman
(government acknowledges younger widely
practiced), S. Korea, UAE, Vietnam
Bangladesh (with exception for religion),
Cambodia (under 18 with pregnancy), China
(16 with consent), India (18 except under
Mohammedan Law), Iraq (18 but 15 with
consent of guardian and judicial authorization),
Jordan (18 but even under 15 in certain
situations), Kazakhstan (18 but 16 with court
permission), Kyrgyzstan (18 but can be
lowered to 17), Malaysia (18 but 16 with court
order; other rules under Islamic law), Maldives
(18 but 16 with consent of marriage registrar),
Mongolia (18 unless person has reached full
legal capacity), Philippines (18 but no
minimum age for Muslims), Russia (18 but 16
with court approval), Singapore (special
marriage license possible for under 18s), Sri
Lanka (18 but no minimum age of marriage for
Muslim girls), Tajikistan (18 but 17 with court
decision), Turkmenistan (18, 16 for nonnational spouse)
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Below 18
Afghanistan (16 for girls), Armenia (17 for
girls), Bahrain (15 for girls), Brunei (14),
Indonesia (16), Iran (13 for girls, 15 for boys),
Israel (17 but below with authorization), Japan
(16 for girls, 18 for men), N. Korea (17 for
girls), Kuwait (15 for girls, 17 for boys; possibly
younger under Personal Status Act), Lebanon
(depends on religion), Myanmar (14 with
parental consent for girls, no minimum for
boys), Pakistan (16 for girls), Papua New
Guinea (16 for girls; court can permit 14 for
girls, 16 for boys), Qatar (16; younger with
consent and judicial permission), Saudi Arabia
(none), Syria (17 but 13 for girls, 15 for boys
with judicial consent), Thailand (17 but 13 with
parental consent), Timor Leste (15 for girls, 18
for men), Uzbekistan (17 for girls but 16 with
special dispensation), Yemen (None)
PACIFIC REGION
Summary of Official Minimum Age of Marriage Laws
as reported to or by the CEDAW and CRC Committees
18 years or above
Marshall Islands, New Zealand
18 or above with exceptions
Australia (18 but 16 with courts approval), Fiji
(16 for girls with parental consent); Niue (15
for girls, 18 for men with parental consent)
Cook Islands (16 years, but can be younger
with the consent of a parent or guardian),
Palau (16 for girls, 18 for men), Samoa (16 for
girls), Solomon Islands (15 but does not apply
to customary marriages), Tuvalu (16), Vanuatu
(16 for girls, 18 for men)
Below 18
EUROPE
Summary of Official Minimum Age of Marriage Laws
as reported to or by the CEDAW and CRC Committees
18 years or above
18 or above with exceptions
Belgium (unclear in reports), Finland (unclear
in reports), Romania, Slovenia (unclear in
reports), Switzerland (unclear in reports)
Albania (under 18 for both with judicial
www.equalitynow.org/childmarriagereport
Below 18
consent), Austria (unclear in reports), Belarus
(18 but can be lowered under special
circumstances), Bulgaria (18 but 16 with
judicial consent), Bosnia (18 but 16 in
exceptional cases), Cyprus (unclear in reports),
Croatia (18 but 16 with court order), Czech
Republic (unclear in reports), Denmark (18 but
lower with consent of High Commissioner),
Estonia (18 but 15 with consent), France (18
but dispensations by Public Prosecutor
allowed), Georgia (18 but 16 with consent),
Germany (unclear in reports), Greece (unclear
in reports), Iceland (unclear in reports), Ireland
(unclear in reports), Italy (unclear in reports),
Latvia (18 but 16 with consent), Liechtenstein
(unclear in reports), Lithuania (unclear in
reports), Macedonia (18 but 16 with judicial
consent), Malta (18 but 16 with parental
consent), Montenegro (18 but 16 with courts
consent), Netherlands (unclear), Norway (18
but 16 with consent), Poland (18 but 16 for
girls with permission from the court), Portugal
(18 but 16 years with consent), San Marino (16
with consent), Serbia (18 but 16 with
permission from the court), Slovakia (18 but
16 under exceptional circumstances), Spain (18
but 14 with permission from the court),
Sweden (under 18 with permit), United
Kingdom (18 but 16 with parental consent)
Andorra (16, 14 with judicial consent),
Armenia (17 for girls), Hungary (16),
Luxembourg, (unclear in reports), Moldova
(16), Monaco (15 for girls, 18 for men; lower
with exemption), Turkey (17, 16 with approval
of a judge), Ukraine (17 for girls, 18 for men; as
young as 14 allowed)
LATIN AMERICAN COUNTRIES
Summary of Official Minimum Age of Marriage Laws
as reported to or by the CEDAW and CRC Committees
18 years or above
Honduras
www.equalitynow.org/childmarriagereport
18 or above with exceptions
Below 18
Antigua and Barbuda (18, under 18 with
consent), Brazil (16 with consent), Bahamas
(18 but lower with judicial permission), Belize
(18 but 16 with consent), Chile (18 but 16 with
consent), Colombia (18 years but 14 with
consent), Costa Rica (15 with parental
consent), Cuba (18 but 14 for girls, 16 for boys
with special authorization), Dominica (16 with
consent), Dominican Republic (18 but 15 for
girls and 16 for boys with parental consent),
Ecuador (12 for girls, 14 for boys with parental
consent), El Salvador (14 under certain
conditions), Grenada (21 but 16 with consent),
Guatemala (“age of majority”; 14 for girls and
16 for boys with parental consent), Guyana (18
but 16 with parental or judicial consent),
Jamaica (18 but 16 with consent), Nicaragua
(18 for women, 21 for men but 14 for girls, 15
for boys with parental consent), Saint Lucia (18
but 16 with parental consent), Trinidad and
Tobago (18 but 12 for girls and 14 for boys
with consent)
Argentina (unclear), Barbados (16), Bolivia (14
for girls, 16 for boys), Haiti (15 for girls, 18 for
men), Paraguay (16), Panama (14 for girls and
16 for boys), Peru (16 with parental and
judicial consent), St. Kitts and Nevis (16),
Suriname(15 for girls, 18 for men), Uruguay
(12 for girls, 14 for boys), Venezuela (14 for
girls, 16 for boys)
NORTH AMERICA
Summary of Official Minimum Age of Marriage Laws
as reported to or by the CEDAW and CRC Committees
18 years or above
Canada (varies by province – 18 or 19)
Below 18
Mexico (varies by state –ranges from 14-16 for
girls)
www.equalitynow.org/childmarriagereport