D042 Ending Child and Forced Marriage

The concept of child marriage is new to the United States. States have traditionally regulated the age at which one can marry. Most states have chosen between ages 16-18, while several states have no minimum age. Many states allow for girls to marry at a different age than boys, and many do not regulate the age gap between marrying parties. Therefore, what might be considered statutory rape, or rape, becomes legal when parties marry. Ages also vary when a parent can consent to an underage marriage.

Legislation to end the practice of marrying before age 18, which is child marriage, is fairly new in the United States. As of April 2024, 12 states have banned underage marriages, with no exception: Delaware (2018), New Jersey (2018), Pennsylvania (2020), Minnesota (2020), Rhode Island (2021), New York (2021), Massachusetts (2022), Vermont (2023), Connecticut (2023), Michigan (2023), Washington (2024) and Virginia (2024). Research and statistics indicate that child and forced marriages are not isolated incidents in the United States, but rather represent a significant and ongoing challenge to social justice and the welfare of affected individuals. For more information about child marriage in the United States, please visit the website of the organization, Unchained At Last. https://www.unchainedatlast.org/laws-to-end-child-marriage/

Child marriage qualifies as a form of gender-based violence. It is predominantly forced upon girls and is rooted in systemic gender disparities. Young girls who marry as children frequently suffer physical and mental trauma, including sexual assault, domestic abuse, and denial of their fundamental rights and prospects. Once married, they are forced out of school, and are usually trapped in a cycle of poverty and low wages. Child marriage strengthens damaging stereotypes about how women should behave and feeds a vicious cycle of prejudice. For the purpose of reducing gender-based violence and advancing gender equality, child marriage must be actively opposed.

Forced marriages are also part of this vicious cycle. Marriages are forced when one party is forced, coerced, or threatened into marrying someone they do not want to marry. The marriage can only take place when a parent or guardian consents to the marriage, over the objection of the person getting married. In some cases, these forced marriages are used to protect a rapist, who, when caught, will consent to marry their victim instead of being prosecuted. Many of these marriages have large age gaps. Those who are forced into marriages suffer a loss of educational prospects, health issues from early childbearing and domestic violence.

Please see the webinar, Gender-Based Violence Spotlight: The Race to End Child Marriage by 2030, https://vimeo.com/890607837, produced by the proposer for the Diocese of New York Task Force on Domestic Violence and Sexual Assault.

 

Note: this resolution and/or its explanation contains external references, such as URLs of websites, that may not be in the required languages of General Convention. Because of copyright restrictions, the General Convention cannot provide translations. However, your web browser may be able to provide a machine translation into another language. If you need assistance with this, please contact [email protected].