With a growing movement across the United States, momentum is building to abolish child marriage, a step that would help prevent forced child marriage. With no national law banning child marriage, thirteen states have passed laws to eliminate child marriage without exceptions since 2018, and now, one additional state is considering similar legislation.1
Banning child marriage by raising the minimum legal age to 18 increases protection and empowers possible victims to resist pressure to be married, makes it clear to those considering coercing children into marriage that they are committing a crime, and ensures that when they do marry they do so with access to the full spectrum of legal rights. Thus, it strengthens resilience against forced child marriage.
Child marriage and modern slavery
Forced child marriage is a pressing issue that disproportionately affects girls, placing them at significant risk of exploitation and forced marriage. Whilst not all child marriages are forced, the inherent vulnerability of children, particularly girls, makes them susceptible to coercion. Forced child marriage is identified by several key indicators: the lack of free and informed consent from the child; the presence of abuse and exploitation akin to “ownership,”; and the child’s inability to escape the marriage.2
“The fact that a parent consents to a marriage in no way means that that marriage is consensual.” – Fraidy Reiss, Founder and Executive Director of Unchained At Last and survivor of child marriage.3
Victims may face physical and sexual abuse, domestic servitude, restrictions on their free movement, and a profound loss of autonomy. Control over these young girls is often exerted through violence, threats, and humiliation, leaving them feeling powerless to leave their marriages safely.4
At 16, Sherry Johnson sought a divorce through an attorney but wasn’t old enough. Even though courts may allow children to marry, minors like her often lack the legal capacity to file for divorce – leaving them trapped in their marriages with no way out of abuse and exploitation.
“You are considered old enough to marry, but not old enough to get out.” – Sherry Johnson, survivor of forced child marriage.5
Why raise the minimum age?
The push to outlaw child marriage adds a layer of legal protection from this form of modern slavery.6 By criminalizing the act of child marriage, claims by perpetrators of the absence of coercion are no justification. Once a child reaches 18, they are legally independent, better empowered to resist coercion, and entitled to access services such as shelters, and legal support.
The argument for raising the marriage age to 18 rests on the belief that those who truly consent to marriage would not object to waiting until they are legally adults, suggesting that such a measure could save thousands from exploitation and abuse under the guise of marriage.
“We can celebrate those who followed a teenage love affair into a decades-long marriage while simultaneously acknowledging that marriage is much, much more than a love story. It is a contract, too, a contract that should be entered into by consenting adults.” – Fraidy Reiss.7
Campaign focus on the United States
At least 300,000 children were married in the United States between 2000 and 2018. It is estimated that 78% were underage girls (below 18 years) married to men who were adults (18 years or older).8 Precise data on child marriages is not available, and no statistics are available on the prevalence of forced child marriage in the United States, suggesting just how little attention this issue has received.
However, there is growing legislative momentum in the United States to outlaw child marriage without exceptions, which would strengthen protection from forced child marriage.
By concentrating our efforts in the U.S., we aim to not only protect children within its borders but also move the U.S. to meet the global standards on ending forced child marriage it eschews in foreign policy. In the past, we campaigned for the same cause in England and Wales – and were successful! On April 27, 2022, the U.K. banned child marriage without exceptions in England and Wales by passing the Marriage and Civil Partnership (Minimum Age) Bill. It is time for the U.S. to act.
“One child married is too many. Forced or not, it sets people up for devastating short- and long-term consequences, and in fact, delaying marriage to 18 or beyond will set all people up to be better off.” – Casey Swegman, Director of Public Policy of Tahirih Justice Center.9
Make sure to also check out our general campaign to end forced child marriages all around the world.
Notes:
- https://www.unchainedatlast.org/laws-to-end-child-marriage/ ↩
- https://www.freedomunited.org/landing/forced-child-marriage/ ↩
- https://www.msn.com/en-us/news/world/child-marriage-ban-proposed-in-new-hampshire-again/ar-BB1hFTec ↩
- https://pubmed.ncbi.nlm.nih.gov/30747055/ ↩
- https://www.aljazeera.com/features/2020/12/24/america-women-and-girls-forced-into-marriage ↩
- https://www.ilo.org/wcmsp5/groups/public/@ed_norm/@ipec/documents/publication/wcms_854733.pdf ↩
- https://www.bostonglobe.com/2024/02/02/metro/child-marriage-bill-new-hampshire-change-age-13-14-16-18/ ↩
- https://doi.org/10.1016/j.jadohealth.2021.07.001 ↩
- https://www.nbcwashington.com/news/local/effort-to-end-child-marriages-in-virginia-going-to-house-floor-for-a-vote/3540291/ ↩
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