CRC – UAB Institute for Human Rights Blog

Child Marriage Threatens Human Rights

by Nicole Allen

Child marriage is an institution of the past, only existing when life expectancies were short and women’s rights were nonexistent, right? It no longer happens in the United States. Surprisingly, both statements are false. Your grandparents might have married when they were teenagers, and you might think that they were so young to be taking such a major, life-changing step. But, did you know that your neighbors might be doing the same thing? That’s because child marriage is a current practice in both the United States and abroad. Legislation and organizations are working to end it. They hope to make it a practice our own grandchildren might hear about but never witness. In May 2018, John Carney, the governor of Delaware, signed a law that requires people to be eighteen years old or older to marry. This made Delaware the first state in the nation to outlaw child marriage. The state of New Jersey followed Delaware’s lead when governor Phil Murphy signed a bill in June that banned marriage for participants under the age of eighteen.

What Is Child Marriage?

Most U.S. children who marry under the age of eighteen are sixteen or seventeen years old; however, some are as young as twelve. Some states do not even have a minimum age for marriage. This article follows the definition of the United Nations, which defines a child as an individual under the age of eighteen. The organization’s Convention on the Rights of the Child states: “For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.” According to the UN, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.” The United Nations hopes that these safeguards shield children from a number of harmful factors, such as child marriage and even certain government policies. The UN high commissioner for human rights, for example, decried the U.S. federal government policy of separating immigrant children from their parents in 2018.

Child marriage is common worldwide. How common? Some statistics estimate that in the next decade alone, 140 or 150 million girls will marry before their eighteenth birthdays. Some children marry as young as the ages of seven or eight. While some people claim that child marriage is the product of a specific culture, it is common across many cultures, ethnic groups, religions, and countries. India has many child brides in its large population, but the rates of child marriage are also high in African countries near the Sahara Desert, such as Niger.

What Are the Risks of Child Marriage?

Most of the people entering child marriages are female. Proponents of child marriage state that the marriages exist to protect girls from violence and sexual predators. They state that child marriage offers girls better economic futures. But, child marriage often exploits girls instead of protecting them. It often decimates the girls’ futures. Child marriage often makes girls victims of sexual predators instead of protecting them from such violence. Many child brides are forced into marriage to adult men. These marriages might help the men avoid arrests and prosecution for statutory rape. Human Rights Watch and other opponents against child marriage state that the practice perpetuates the continued sexual abuse of minors and gives legal permission for their abusers to do so without criminal repercussions.

If the child brides have children themselves, it can lead to medical and social problems. Sandra L. Hofferth states that teenage pregnancy can cause “low birth weight, complications of the mother’s pregnancy and delivery, and health problems associated with poor perinatal outcomes; greater risk of perinatal death; lower IQ and academic achievement later on, including a greater risk of repeating a grade; greater risk of socio-emotional problems; a greater risk of having a fatal accident before age one; and finally, a greater probability of starting one’s own family at an early age.” Marrying young can also wreak havoc with the young brides’ mental health. Le Strat, Dubertret, and Le Foll have found that females who marry in childhood are “more likely to seek and access health services.” These mental health conditions can include depression or drug addiction, two illnesses that can affect the mind and the body and can require extensive treatment. These studies both illustrate how child marriage can create mental and physical problems for young brides and their children.

Child marriages often prevent girls from furthering their educations or starting careers. These limitations, their often-limited legal statuses, and their young ages often make it difficult for young spouses to act as equal partners in their marriages. Often, child brides (and grooms) suffer physical, sexual, and/or emotional abuse from their older and more powerful partners, yet, their lack of personal agency and physical power renders them helpless and powerless to stop spousal abuse and seek divorce. They might not be able to legally divorce their spouses if they are under the age of eighteen, even though they were legally permitted to marry them in the first place. Child marriage, then, often creates victims who continue to be victimized for years, sometimes for their entire lives. Children when they marry, these brides encounter limitations that could keep treating them as children economically and legally.

How Are Politicians Addressing Child Marriage?

Politicians have voiced different opinions about the practice. Former New Jersey governor Chris Christie said banning child marriage entirely would “violate the cultures and traditions of some communities in New Jersey based on religious traditions.” His successor as governor, Phil Murphy, signed the bill to end the practice in 2018, however. Many U.S. states have provisions that allow people to marry under the age of eighteen, especially if they have parental or judicial consent. Some states allow girls to marry under the age of eighteen if they are pregnant and will allow children to marry whether they want to or not. Pregnancy is another reason some legislators use for supporting child marriage, arguing that marriage can help end the stigma sometimes associated with teen pregnancy (even regardless of whether this pregnancy is the result of rape). Legislators in other states, meanwhile, are echoing Delaware and New Jersey’s actions and establishing a mandatory minimum age for marriage. In 2018, the state of Florida passed legislation requiring a minimum age of seventeen to marry if the participants have parental consent and their prospective spouses are no more than two years older than they are.

New Hampshire passed a law that requires all participants to be at least sixteen years old to marry. Previously, boys had to be at least fourteen to marry and girls had to be at least thirteen years old. This law came after the New Hampshire House of Representatives failed to pass a law that would have raised the legal age of marriage to eighteen for both sexes in 2017. Other U.S. states allow minors to marry under the age of eighteen, often with specific requirements. The state of Virginia, for example, allows emancipated minors to marry. It also allows sixteen-year-olds or seventeen-year-olds to marry if they have parental consent. Different laws, thus, exist in different states. Could these differences create confusion and assumptions about child marriage? People might assume that children under the age of eighteen are prohibited from marrying everywhere in the United States, yet that is clearly not the case.

Girl wearing a wedding dress. Source: Amy Ann Brockmeyer, pixabay.com

How Are Organizations Addressing Child Marriage?

Many organizations are also addressing child marriage. Unchained at Last is a U.S.-based nonprofit organization provides emotional, legal, and social support to girls and women forced into marriage. The website allows legal and mental health professionals to apply to offer their pro bono services to help females impacted by child marriage. The organization was also instrumental in the creation and passage of New Jersey’s law to end the practice. Given that child marriage is a global problem, it makes sense that international organizations also work to combat it. The International Women’s Health Coalition (IWHC) has partnered with two Cameroon-based groups that help females forced into early marriage, the Association pour la Lutte contre les Violences Faites aux Femmes (the Association to Combat Violence Against Women, ALVF) and the Association pour la Promotion de l’Autonomie et des Droits de la Jeune Fille/Femme (APAD). The APAD provides skill-building programs and literacy to help victims of forced or young marriage. The organization educates the girls and women in these marriages and their communities about human rights. The ALVF also supports girls in Cameroon, stating on its homepage that “Our Association fights against all forms of violence against women and girls in the Far North of Cameroon.” The two organizations share goals and a common lineage, as members of the ALVF formed the APAD.

Girls Not Brides: The Global Partnership to End Child Marriage (Girls Not Brides) is another international coalition of organizations working to end forced marriages for girls and other forms of child marriage. The organization developed a theory of change in 2014. According to its website, this theory includes strategies its organizers believe can end child marriage, such as

Giving girls power and agency, including educating girls about their rights to refuse marriage and helping them develop the tools they need to make their own decisions.
Working with communities and parents to raise awareness about the risks surrounding child marriage and the benefits of supporting the human rights of girls and women.
Developing programs and organizations to ensure that girls have access to education, health services, and other resources so they can refuse child marriage or thrive after they enter such marriages.
Creating and developing policy and legal structures, such as legislation to close loopholes that permit people under the age of eighteen to marry.

Girls Not Brides hopes that these strategies will help girls lead happier, more successful lives as well as end child marriage.

How Can You Help End Child Marriage?

Organizations are enlisting the help of others to address child marriage. Girls Not Bride suggests that people can

Share facts and infographics to help educate others about the issue.
Use social media to discuss child marriage.
Sign petitions to generate attention about forced marriage and child abuse.
Donate to organizations around the world who work with affected young people.

Although many citizens of Western countries may not be aware that child marriage is a problem, it does in fact exist and often in their own communities. Child marriage has far-reaching, lifelong consequences. Ending it can improve the lives of girls and women worldwide.

Statelessness: Life Without a Nationality

A persons eyes, looking directly into the camera. — Eyes. Source: Demietrich Baker, Creative Commons

Nationality is a privilege which is often taken for granted. For most, nationality is something that we are born into or that we inherit from our parents. In these cases, it requires little, if any, effort on our own part. Because of this, we often fail to realize that not everyone is recognized as a national by a state. You could have been born in a country and lived there your entire life, and still not be claimed by that country. This is statelessness. According to the United Nations High Commissioner for Refugees (UNHCR), a stateless person is “a person who is not considered as a national by any state under the operation of its law.” As of 2014, there were 3,242,207 known stateless persons in the world. This does not include the numerous stateless persons who were unaccounted for. The United Nations adopted the Convention Relating to the Status of Stateless Persons in 1954 and the Convention on the Reduction of Statelessness in 1961.

People begin to experience the serious consequences of statelessness as children, when they are most vulnerable. It impedes their access to a quality education and healthcare. The effects of statelessness follow them as they grow up, keeping them from finding legal employment and taking care of themselves and their families. Statelessness is then often passed on to their children, grandchildren, and so on. It creates a vicious cycle, which is extremely difficult to break.

What Causes Statelessness?

There are numerous circumstances which may lead to person being without a nationality. Gaps in nationality laws are a significant part of the problem. An example of such a gap is seen when nationality is inherited from a parent in a specific country. If the nationalities of a child’s parents are unknown, then the child is not seen as a national of that country, and the child is stateless. Sometimes, nationality laws have discrimination built in to them. In countries like Barbados, Iraq, and Sudan, mothers cannot pass their nationality on to their children. If the father is unknown, the child is left stateless. Statelessness can also occur if new states are formed or a country’s borders change, and people are left living a different state than they originally did. For example, when Yugoslavia dissolved, the Roma people and other minorities of the area were left, struggling to gain citizenships in the states that came into existence, and continue to have great difficulty in acquiring documents for identification. There are even times when an individual’s nationality is taken away by legislation changes or if they live outside of their country for a certain amount of time.

Real People

It is important that, as we discuss the issue of statelessness, we remember that this is an issue that affects real people. It is more than an abstract concept. Take Jirair, for example. Jirair was born to Armenian parents in Georgia. They moved to Russia soon after he was born but had passports from the Soviet Union (from before it dissolved) and were unable to obtain citizenship. Jirair did not legally have a nationality. He had no legal ties to Russia and no proof of his birth in Georgia. He was unable to work legally or acquire life insurance until 2016, when Georgia’s citizenship laws changed.

The entirety of the Makonde people of Kenya were stateless until 2017. Though they were originally from Mozambique, many of the Makonde people have been living in Kenya since before 1963. They lacked citizenship and any official documents. This made it difficult for them to work, travel, and even to obtain birth certificates. Generation after generation of the Makonde people experienced statelessness, vulnerable to discrimination, harassment, and poverty. Everything began to change when Kenya’s 2011 Citizenship and Immigration Act was put into full effect and the Makonde became recognized as the forty-third tribe of Kenya.

Four children, standing together. — Children. Source: Lead Beyond, Creative Commons

Statelessness and Human Rights

Statelessness is heavily tied in with numerous human rights violations. The first and most prominent violation is found in Article 15 of the Universal Declaration of Human Rights, which states, “Everyone has the right to a nationality.” It violates Article 23, which describes the right people have to employment, as statelessness often keeps people from working legally. Without work, individuals cannot provide for themselves or their families, and will also have an even more difficult time gaining nationality. Statelessness is also a violation of Article 25, which says that “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family,” due to the poverty and lack of access to basic healthcare that result from statelessness. In order to have a quality living situation, one needs to be able to afford safe housing, a balanced diet, and basic healthcare and insurance. Many countries deny access to education to children who are not nationals of those countries, violating Article 26, which says, “Everyone has the right to education.” Education is key in a child’s ability to have a better living situation in the future and to flourish in life.

In the Convention on the Rights of the Child, Article 7 states that every child has the right to acquire a nationality. Article 24 recognizes the child’s right to “the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health,” and Article 28 recognizes the right to an education. Children do not have access to these rights without a nationality.

The extent to which statelessness inhibits access to basic human rights makes it an issue with a severe need to be addressed. Though the rights violations it causes are reason enough to justify a change, the problem is magnified by the way statelessness impacts entire groups of people and passes from generation to generation.

Lacking a nationality also impedes an individual’s ability to participate in political processes. In many countries, such as the United States, you must be a citizen of that country in order to vote. People who are stateless have a significantly lessened opportunity to have their voice heard, especially since it is not uncommon that entire groups of people are stateless, like the Makonde people. This makes it even more important that people who do have a nationality of their own help to not only speak up and increase awareness of statelessness, but also to support a platform from which stateless people can be heard.

What Can We Do?

So, what can we do now? One of the most important things that we can do as part of the general public is promote awareness of the issue. Many people are not aware that it is even possible to lack a nationality, and more people do not know how serious the consequences of statelessness are. The more people know about the issue, the more it will be pushed to the forefront of conversations. Change cannot occur if people do not know that change is needed.

The UNHCR currently has a campaign called #IBelong, which aims to promote awareness of statelessness and work towards its end. You can sign their “Open Letter to End Statelessness,” which declares the need to end statelessness. The UNHCR also provides resources to those who are do not have a nationality. If you are stateless yourself, you can click here. You can select the country you reside in, and the website will provide you with resources that can help you on a path to acquiring a nationality, documentation that proves your nationality, or civil registration.

Refugees: Peace of Mind

The Storm Refugees – Tribute To The Victims Of The Harvey Storm. Source: Daniel Arrhakis. Creative Commons.

“Armed conflict kills and maims more children than soldiers,”

-Garca Machel, UNICEF

Global unrest and armed conflict are becoming more common, intense, and destructive. Today, wars are fought from apartment windows, in the streets of villages and suburbs, and where differences between soldiers and civilians immediately vanish. Present day warfare is frequently less a matter of war between opposing armies and soldiers than bloodshed between military and civilians in the same country.

In 2014, there were 42 armed conflict, resulting in 180,000 deaths worldwide. Civilian death tolls in wartime increased from 5 per cent at the turn of the century to more than 90 per cent in the wars of the 1990s. War and armed conflict is one of the most traumatic experiences any human can endure, and the brunt of this trauma is felt by civilians- most especially children. In 2015 alone, some 75 million children were born into zones of active conflict. As of May 2016, one in every nine children is raised in an active zone of conflict. Two hundred and fifty million young people live in war zones, with the number refugees at its most prominent since World War II. Currently, there are 21.3 million refugees worldwide, and half of them children.

For refugees, the events leading up to relocation (notably war and persecution), the long and unsafe process of relocation, settlements in refugee camps, and overall disregard for human rights, takes a major emotional and mental toll. PTSD, depression, anxiety, and sleeping disorders are just few of many problems refugee children experience. Respecting human rights is essential to society’s overall mental health. Equally, a society’s mental health is essential for the enjoyment of basic human rights. Addressing the psychological needs of victims of armed conflict is essential for the prosperity of war-battered children’s future.

The Relationship between Mental Health and Human Rights
Armed conflict affects all aspects of childhood development – physical, mental, and emotional. Armed conflict destroys homes, fragments communities, and breaks down trust among people, thereby undermining the very foundations of most children’s lives. The psychological effects of loss, grief, violence, and fear a child experiences due to violence and human right violations must also be considered.

Throughout the process of becoming a refugees, the three main stages in which people experience traumatic and violent experiences include: 1) the country of origin, 2) the journey to safety, and 3) settlement in a host country. The interrelationship between human rights and mental health are recognized in various universal human right conventions and resolutions. Numerous legislative measures exists for mental health, but two main conventions that address the situations refugees experience include: 1) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and 2) The Convention on the Rights of a Child. These two conventions specially address mental health pertaining to violence.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: 1987
This Convention is significant towards the promotion of mental health as a human right because “torture,” any act that creates severe pain or suffering, can be both physical and mental. This convention is particularly relevant to refugees because they are more vulnerable and susceptible to mental and physical torture. The short video documentary released by the UNHCR provided refugees and migrants to tell their own stories of kidnap and torture during their journeys to Europe. The stories told by survivors are emotionally distressing but highlights the realities refugees continuously experience.

The Convention on the Rights of a Child: 1990
The Convention on the Rights of a Child is the first legally binding international instrument to integrate the full array of human rights. This convention is also an important document for mental health. The CRC explicitly highlights the significance of both the physical and psychological wellbeing of a child. This convention is particularly important because it addresses the relationship of affect armed conflict on mental health. First, Article 38 of the Convention highlights state parties’ obligation under international humanitarian law to protect the civilian population in armed conflicts, and shall “take all feasible measures to ensure protection and care of children who are affected by an armed conflict.” International humanitarian law is a set of rules which aim, for humanitarian purposes, to minimize and protect persons from the effects of armed conflict. Second, Article 39 of the Convention states “States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect,… torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts.” For children refugees, the Convention on the Rights of a Child is an imperative document for the security of their right to mental health, and mental health services.

Barriers to Accessing Health Care Services
The process of becoming a refugee takes a tremendous emotional and mental toll on all refugees. PTSD, depression, anxiety, and sleeping disorders are just few psychological diagnoses given to refugee children. The fundamental right to mental health care is addressed in various international standards, such as the Convention of the Rights of the Child, however, there continues to be numerous barriers preventing access to these services. There has been an unparalleled surge in the number of refugees worldwide, the majority of which are placed in low‐income countries with restricted assets in mental health care. Currently, responsibility for mental health support to refugees is divided between a network of agencies, including the United Nations High Commissioner for Refugees (UNHCR), the World Health Organization (WHO), government, and nonprofit organizations. Yet, the reality is that most refugees with mental health problems will never receive appropriate services. Cultural barriers, such as language, persistently affect a refugee’s capability to utilize mental health series. A study examining health care barriers of post-settlement refugees reveals language is the most impeding cultural barrier to accessing healthcare. Refugees and mental health service providers often do not speak the same language, making successful communication during healthcare visits less effective. Language barriers affect every level of the healthcare system, from making an appointment to filling a prescription. A lack of multilingual interpreters for refugees and health care providers weakens the healthcare system, making miscommunication about diagnoses and treatments possibilities common. Lastly, stigma surrounding mental health is another barrier to health services. Refugees often feel the words “mental health issues” should be reserved for individuals with extreme learning disabilities, and do not understand mental health problems can be conditions like depression and anxiety.

Psychopathologies due to trauma are very powerful, however, recovery is possible. In Judith Herman’s book Trauma and Recovery, she discusses her theory of recovery. She states recovery happens in three stages: 1) establishment of safety, 2) remembrance and mourning, 3) re-connection with ordinary life.

Stage 1: Safety
Trauma diminishes the victims’ sense of control, power, and overall feeling of safety. The first stage of treatment focuses establishing a survivor’s sense of safety in their own bodies, with their relations with other people, in their environment, and even their emotions. Self-care is also an important focus point during this stage. The purpose of this stage is to get victims to believe they can take protect and take care of themselves, and they deserve to recover.

Stage 2: Remembrance and Mourning
The second stage of Herman’s recovery theory highlights the choice to confront trauma of the past rests within the trauma survivor. It’s important for victims to talk about their goals and dreams before the trauma happened so they can reestablish a sense of connection with the past. That second stage begins by reconstructing the trauma beginning with a review of the victim’s life before the horrors and situations leading up to the trauma. This second step is to reconstruct the traumatic event as a recitation of fact. The goal of this step is to put the traumatic event into words, and come to terms with it. Testimonies are ways for survivors to get justice, feel acknowledged, and find their voice.

Stage 3: Reconnecting
In the final stage, the victim focuses on reconnecting with oneself and the recreation of an ideal self that visits old hopes and dreams. The third stage also focuses on emotionally and mentally reconnecting with other people and social reintergration. By this stage the victim should have the capacity to feel trust in others. A small but influential minority of individuals revolutionize the meaning of their trauma and tragedy, and make it the foundation for social change.

Peace. Source: John Flannery. Creative Commons.

A Peaceful Future
Even though human rights activists are not psychological clinicians, we can still contribute to the success of these stages. At present, more than half of the refugee children population are children. Despite the violence these children have experienced, refugee children are the foundation and hope for a peaceful future. However, for that to happen, refugee children need to find peace in themselves. Respecting human rights is essential to society’s overall mental health. As activists we need to advocate for refuges and children who don’t have a voice. Activists for human and mental health rights should start focusing their goals on ensuring their communities and hospitals contain mental health care provisions. As activists, we can lobby for more accessible mental health services throughout our health care system, join and volunteer at non-profit organizations, and advocate for the rights of refugees. As Herman Melville states, “we cannot live only for ourselves. A thousand fibers connect us with our fellow men.”