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The UN Committee on the Rights of the Child on Monday condemned the Afghanistan government for adopting a new decree that legitimizes child marriage and treats a minor female child’s silence as consent to marriage.
The Committee, which is composed of 18 independent child rights experts, expressed further concern that the so-called Decree No. 18 forms a broader pattern of rights violations against women and girls such as the ban on secondary and higher education for Afghan women and girls.
The decree uses a female child’s puberty as a threshold point, which when reached, will authorize that child’s marriage. Any silence on the part of the girl after reaching puberty will be treated as consent to marriage.
Stating that puberty cannot be considered a basis for adulthood or legal capacity to provide consent to marry, the Committee submitted that the decree is wholly incompatible with the Convention on the Rights of the Child.
Recalling its joint General Recommendation with the Committee on the Elimination of Discrimination against Women, the Committee stated:
The Committee urged Afghan authorities to “immediately repeal all measures” that violate the rights of children, “unequivocally prohibit” child marriage, and restore the rights of all girls and women to “education, protection, equality, and full participation in society.”
Child marriage continues to be a matter of concern in many parts of the world even outside of Afghanistan. Sierra Leone enacted legislation prohibiting child marriage only as late as 2024. Even in the US, child marriages were legal in all of the 50 states as of 2017, and is still legal in 33 of the states presently. Pennsylvania was only the third state to prohibit child marriage as of 2020. Oregon, Missouri, and Oklahoma were the most recent to prohibit child marriages, with Oklahoma being the most recent to do so only last month.
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The Committee, which is composed of 18 independent child rights experts, expressed further concern that the so-called Decree No. 18 forms a broader pattern of rights violations against women and girls such as the ban on secondary and higher education for Afghan women and girls.
The decree uses a female child’s puberty as a threshold point, which when reached, will authorize that child’s marriage. Any silence on the part of the girl after reaching puberty will be treated as consent to marriage.
Stating that puberty cannot be considered a basis for adulthood or legal capacity to provide consent to marry, the Committee submitted that the decree is wholly incompatible with the Convention on the Rights of the Child.
Recalling its joint General Recommendation with the Committee on the Elimination of Discrimination against Women, the Committee stated:
The Committee added that the recent discriminatory measures against women and girls have deprived them of their fundamental rights, and weakened their economic and social participation in Afghanistan.Child marriage, where at least one party is under 18, constitutes a harmful practice and as a form of forced marriage, given that children inherently lack the capacity to give full, free and informed consent to marriage…
Child marriage constitutes not just a harmful practice but a fundamental violation of rights. It exposes girls to heightened risks of violence, exploitation, early and forced pregnancy, interrupted education, and long-term physical and psychological harm…
Any legal framework that normalises or facilitates the marriage of children violates their rights, undermines their inherent dignity and deprives them of their autonomy and future opportunities.
The Committee urged Afghan authorities to “immediately repeal all measures” that violate the rights of children, “unequivocally prohibit” child marriage, and restore the rights of all girls and women to “education, protection, equality, and full participation in society.”
Child marriage continues to be a matter of concern in many parts of the world even outside of Afghanistan. Sierra Leone enacted legislation prohibiting child marriage only as late as 2024. Even in the US, child marriages were legal in all of the 50 states as of 2017, and is still legal in 33 of the states presently. Pennsylvania was only the third state to prohibit child marriage as of 2020. Oregon, Missouri, and Oklahoma were the most recent to prohibit child marriages, with Oklahoma being the most recent to do so only last month.
The post UN Child Rights Committee condemns Afghan decree legitimizing child marriage appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.