The best interests of the child in cultural and religious practices in respect of child marriages

Abstract

Child marriage has become a widely spread practice across the globe especially in some parts of Asia and in Africa. It involves the marriage of young children below the age of eighteen years. In most cases the marriages are arranged by the families of the bride and the groom or the child is forced into entering the marriage. A number of children’s rights are violated by the practise of child marriage. These include rights such as the rights to education, the right to equality, the right to dignity are infringed upon. Child marriage deprives a child of enjoying her childhood and has a number of other negative effects on the health of that child. It seems that parents as guardians of children, seem to be responsible for marrying off their children. They abuse their parental responsibilities and rights over their child when they marry off their girl child. A number of international instruments addresses the need to protect children’s rights which include the need to protect children from harmful cultural practices such as child marriage. The Convention on the Rights of the Child is one of the most significant treaties in respect of rights. It provides for the consideration of the best interests of the child in all matters affecting the child. South Africa and Zimbabwe have ratified a number of international instruments which advocate for the protection of children’s rights. The two countries are amongst the African countries that have cultural groups that practise child marriage. The constitutions of both jurisdictions afford everyone the right to practise his or her culture and religion for as long as such practices do not violate other constitutional rights. Further, they also require the best interests of the child to be considered paramount in all matters affecting the child. Nevertheless, although both countries provide a legislative framework for the prohibition of child marriage, children’s rights are constantly violated by parents and guardians who use culture and tradition as a reason for marrying off their children.