NO TO CHILD MARRIAGES: Girls must make informed decisions about their sexuality The end of childhood: A child bride pictured in Tanzania. (Picture Daily Mail)
The end of childhood: A child bride pictured in Tanzania. (Picture Daily Mail)

The end of childhood: A child bride pictured in Tanzania. (Picture Daily Mail)

Vaidah Mashangwa
THE Constitution of Zimbabwe Chapter 4 Part 3 Section 81 is clear about the rights of children. According to the section, a child is described as every boy and girl under the age of 18 years. Therefore for a country like Zimbabwe which has ratified and acceded to a number of international Protocols and Conventions on children’s rights such as the African Charter on the Rights and Welfare of the Child (1999) and the United Nations Convention on the Rights of the Children (1990) to start debating whether a 12- year old should get married or not is just a waste of time and other resources. Zimbabwe is known for its adherence to its norms, values and culture and that ought to be maintained.

Chapter 4, Part 3 Section 81 further states that every child has a right to be protected from economic and sexual exploitation, from child labour, maltreatment, neglect or any form of abuse. A 12- year old boy or girl is a child and marrying her or marrying her off is already an abuse. In addition, every child has a right to education and that a child’s best interests are paramount in every matter concerning the child. It is clear that at such a tender age she cannot make informed decisions about her own sexuality.

The same section further postulates that children are entitled to adequate protection by the High Court as their upper guardian. The custodians of the law are the Judges, magistrates, lawyers and prosecutors and they are there to lead and guide the nation in law related matters. Similarly, the headmasters and teachers are supposed to give guidance to issues pertaining to instruction.

Child marriage includes boys too but most children married under the age of 18 years are girls. While in quite a number of continents child marriage is still common, it must be condemned in its strongest terms. In Southern Asia 48 percent of girls are married before the age of 18. In Africa, 42 percent of the girls are married before turning 18 and in Latin America and the Caribbean, 29 percent of the girls are married by age 18.

While the practice has steadily decreased over the last 30 years, it still remains a challenge in the rural areas and among the poorest groups of society. Parents benefit from child marriage through the bride price but the consequences are felt by the girls themselves. The consequences include early pregnancy, maternal mortality, contracting HIV/AIDS, sexually transmitted diseases, illiteracy, abuse and violence as well as isolation and abandonment.

Early pregnancy is associated with child birth complications which can worsen the status of the nation’s maternal health care as the nation struggles to meet Millennium Development Goal number five. In addition, women who engage in sexual activities early are likely to develop cervical cancer later in life. It is more likely that they will get married to older men and in such instances they cannot make choices regarding safe sex and family planning.

Early marriages are associated with career interruptions due to increased family duties and responsibilities and child-rearing remain an obstacle to occupational fulfilment, The continuation of patriarchal codes and practices is a major obstacle to women’s progress and full social, economic and political participation.

Therefore early marriage is an element designed to humiliate and disadvantage women within a competitive socio-political and economic environment where men continue to rise within the glass ceiling.

There is also the likelihood that if married at an early age, the girls will have more children and consequently live in abject poverty, domestic violence and disease. According to Plan International, females make up the poorest class of people living on the planet with over a billion women and girls living on less than a dollar a day.

In most African states, females are excluded from formal education and nearly 80 million girls worldwide are forced into marriage before the age of 18.

These figures are reaffirmed by Unicef which pointed out that there were around 150 million girls who had been the victims of forced sexual intercourse with some abducted through the global sexual sex trade and hence the reason why more women than men are infected with HIV/Aids. Unicef also attributes this to women’s general state of poverty, a lack of literacy among girls and the relatively powerlessness of the girl child.

In a bid to protect the interest of the child, Zimbabwe has a number of domestic laws that were enacted such as the Children’s Act (Chapter 5:6) which provides for the protection, welfare and supervision of children, establishment of children’s courts (Victim Friendly Units) and the recognition and registration of certain institutions and institutes for the reception and custody of children.

Apart from that, the Criminal Law (Codification and Reform) Act (2001) Chapter 9:23 protects women from sexual abuse and criminalises marital rape and wilful transmission of HIV/AIDS. The Act also prohibits trafficking of persons for the purpose of prostitution.

On the other hand, the Education Act (Chapter 25:01) provides that every child in Zimbabwe has a right to school education and that no child shall be refused admission to a school on the grounds of race, tribe, colour, religion, creed, place of origin, political opinion or the social status of the parents.

The Labour Relations Act (Chapter 28:o1), prohibits economic exploitation of children especially child labour while the Marriage Act (1987) Section 21 (Chapter 5:11), sets the minimum age of majority for both boys and girls at 18 years to be in line with the Legal Age of Majority.

All these laws are an indication that Zimbabwe is committed to the general welfare of the children and it is important that these laws are respected so that as individuals, families, various institutions and government, we are accountable for the safety and protection of our children.

  • Vaidah Mashangwa is the Provincial Development Officer in the Ministry of Women Affairs, Gender and Community Development for Bulawayo Province. She can be contacted on 0772 111 592 email vmashangwa@ gmail.com.

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