Although there is little official data, early girls’ marriage before the age of 18 appears to have increased in Tajikistan over recent years, due to the limited socio-economic opportunities. This study aimed to explore the main causes behind the fall in the age of marriage for girls. As Tajikistan is based on patriarchal values, where family is the core of decision-making, the study looks into the family dynamics and interrelationships to analyse the driving forces behind the decision to arrange marriage for the girls at an earlier age. Using triangulated methods of qualitative data collection, such as interviews, focus group discussions and case studies, the study was conducted in urban, semi rural/semi urban and rural areas of Tajikistan. The findings confirm that early marriage exists in Tajikistan. Although marriage has always been important for Tajiks, recently early age of marriage has been more prioritized. The young girls today leave school when they reach puberty, limit their socialization with their friends outside of the house and rigorously learn skills that qualify them as a ‘desirable’ kelin [bride] to increase their chances of getting a marriage proposal within what is a short marriage window. At the same time, the study argues that the family decision to pursue an early age of marriage for daughters is not because of the low status of the women as it has been suggested in some earlier research. Instead, the study argues that marriage is a strategy to provide girls with what is often the only opportunity of an economically and socially secure future in the country under the current socio-economic and political context. Relations within the families are more complicated than dominant-subordinate as previously portrayed but are based on respect, love and responsibility towards each other. This ‘connectivity’ assists in shaping the girls as potent Tajik women ready for their future roles of mothers and wives. The young girls, as this study suggests, are usually not completely powerless either, as they exercise the limited agency provided by the patriarchal system and actively engage in negotiating their interests. Thus, the study aimed to (1) draw attention to the issue of early marriage among girls in Tajikistan and (2) to contribute to the scholarly discussion on early marriage and on gender and family dynamics in Tajikistan. Based on the findings, it is recommended that more research needs to be conducted to discuss the phenomenon of early girls’ marriage in Tajikistan. Further, legal, political and social changes are necessary to provide a safety net for women married at an early age but divorced or abandoned later. Although bringing changes to the marriage values might be a challenging task, it is hoped that this research and others similar to this one will demonstrate the importance of the issue and will result in appropriate attention and an effective policy response.

The purpose of my thesis is to analyze different forms of international protection of children before forced child marriages. This text focuses on introduction into the issue which represents one of the most alarming and the most quickly spreading problems in the field of human rights of children. In spite of the fact, that every few seconds is a child deliberately married to become a sexual and domestic slave, this topic remains rather on the edge of public interest. The thesis can be divided into two main parts. We could call them theoretical descriptive part which is covered by first four chapters and analytic part which works mainly with case studies and UN documents and aims at pointing out some problems of application of law in practice. This part is covered by chapter five and six. As it was said, this thesis is composed of seven chapters. The aim of first two of them is to explain nature and risks of child marriages as well as reasons why they are occurring. Third chapter sums up current international legal documents dealing with the topic of child protection in general and in its subchapters are treated regional legislations (American, Asian, and European). Special space is given to the Covenant on the Rights of the Child. Chapter four is focused on more detailed sources of prohibition and...

More than half of all the girls in India today are married before the age of 18. This derives from gender inequality and discrimination, which has lead to several health issues. At the same time, the Indian state has passed legislation prohibiting the practice of child marriage and made it possible for girls to void their marriages. The law gives the girls more empowerment even if they are minor, which poses some further issues related to age, consent and substantial freedom. The contradiction in the law’s implementation depends on a disparity between the state and customary laws as well as modern versus traditional norms. With the help of Martha Nussbaum’s Capabilities approach, this study tries to understand the law prohibiting child marriage in India and its restrictions, focusing on girl child empowerment and individual choice. The findings show the limitations in the law in regards to parental consent and children’s rights against their parents. The reason why theories like ours, promoting universal norms should be justified, is contingent on the belief that child marriages are harmful to girls’ health. This is furthermore knowledge that should be taught through education for children and adults, which then might alter the gender inequalities developed within the realms of social customs.

Thesis (M. Soc. Sc.)--University of Hong Kong, 1996. / Includes bibliographical references.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1996. / Includes bibliographical references. Also available in print.

Magister Philosophiae - MPhil / The main aim of this study is to analyse how traditional African practices relating to child marriages violate the South African legal framework in the face of HIV/AIDS, as well as assessing it's response to child marriage in compliance with international and regional human rights standards. The specific objectives are: 1) To analyse traditional African practices in relation to child marriages in South Africa. 2) To discuss international and regional standards on the protection of child marriages linked to harmful cultural practices. 3) To show how different traditional African practices relating to child marriages violate the South African legal framework in light of international human rights standards.

Dissertation (LLM)--University of Pretoria, 2013 / gm2015 / Centre for Human Rights / LLM / Unrestricted

South African law allows minors under the age of 18 to get married, under certain conditions. The minimum age at which a minor may enter into marriage under both civil and customary law is 12-17 for girls, and 14-17 for boys. The focus of this paper is not the practice of child marriage, nor measures aimed at combating child marriage, and recommends that South Africa set the age of marriage at 18 for both sexes without exceptions. However, until South Africa changes its laws, boys and girls will continue being treated differently under existing marriage legislation. This mini-dissertation is concerned with whether different minimum ages of marriage for minors contributes to the systemic discrimination that women and girls face in South Africa, and whether this violates the rights of girls to be treated equally to boys. The paper looks at the role of culture and gender stereotypes in the formation of marriage legislation, as well as the societal effects of the current legislation. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Centre for Human Rights / MPhil Multidisciplinary Human Rights / Unrestricted

Magister Legum - LLM / Forced marriages and child marriages1 are a global and major concern when dealing with girl children’s and women’s rights. UNICEF statistics2 show that in South Africa alone 1% of girls were married by 15 years and 6% by 18 years.3While these numbers are insignificant, they arguably contribute to a global crisis where girls of primary school age are forced into marriage.4 This mini-thesis will focus on ukuthwala, a customary practice which is prevalent in the rural parts of South Africa, where girls and young women are married off. Moral reasons exist for the custom, however in recent years it has changed radically. Ukuthwala is most prevalent in the Eastern Cape and Kwa-Zulu Natal provinces.6 It has been described as a ‘romantic mock abduction’ of an unmarried woman by a man who intends to marry her.7 According to Bekker and Koyana8 the procedure for ukuthwala is as follows: ‘The intending bridegroom, with one or two friends, will waylay the intended bride in the neighbourhood of her own home, quite often late in the day, towards sunset or at early dusk, and they will “forcibly” take her to the young man’s home. Sometimes the girl is “caught” unawares, but in many instances, she is caught according to plan and agreement. In either case, she will put up a show of resistance to suggest to onlookers that it is all against her will when in fact, it is hardly ever so’. While ukuthwala involves kidnapping a girl or young woman, the intention is to compel her or her family to endorse marriage negotiations.9 This therefore means, by custom, the suitor should report the thwala to his kraal head in order to commence lobolo10 negotiations.11 During this time consensual sex with the young girl is forbidden. Koyana and Bekker further explain that the girl or young woman is immediately placed in the midst and care of the womenfolk; and is treated with ‘utmost kindness and respect’,12 until such time that the marriage requirements are met.

No description available.