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Early marriage Between legal reality and actual practices

 Policy Paper

Issued it

Public Policy Analysis and Human Rights Unit

Affiliate Foundation

, Maat for Peace, Development, and Human Rights

Under a project

“The Universal Periodic Review as a Tool to Improve Public Policies during the Transition” (funded by the European Union)

July 13, 2016

“This release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the vision of the European Union.

Introduction:

“Early marriage for females” represents a form of violence directed against women, whereby a young girl bears responsibility for many activities that result from establishing a marital relationship that her will had no input into occurring, and she is neither psychologically nor physically qualified to bear the consequences of this relationship. The most dangerous negative social problems that harm Egypt's international reputation and represent a threat to society and development factors in Egypt, as the phenomenon is considered one of the most important social and cultural features characteristic of many rural and non-urban areas or those less urbanized.

In light of the widespread spread of the phenomenon of early marriage in society during the past period, and the negative impact of the phenomenon greatly on society in all social, health, and cultural aspects, ... etc, this paper tries to provide solutions at the level of public policy to address the phenomenon of early marriage in Egyptian society, And to address that phenomenon.

It deals with the paper entitled Early marriage: between legal reality and actual practices, Several basic points: First, it deals with the theoretical framework related to early marriage, in terms of the concept of early marriage, the reasons for early marriage, in addition to the legislative framework for early marriage in Egypt. In the second axis, the paper deals with the reality of early marriage in Egypt, in terms of early marriage statistics in Egyptian society, and the most important damages resulting from early marriage, and finally, the paper deals with the proposed vision to address the phenomenon of early marriage in Egyptian society, and the most important steps that must be followed in light of addressing For the phenomenon.

The first axis: the introductory framework for early marriage

First: the concept of early marriage

There are several different definitions of early marriage, and the definition differs from one society to another, according to the view of the age of marriage. However, one of the most important definitions about the concept of early marriage is the definition of the United Nations Children's Fund (UNICEF), as it defined it as a marriage that takes place between two parties, one of them or Both of them are under the age of eighteen, that is, before the physical, psychological, and emotional development of the two parties is complete, because these factors are so important in the success of this marriage, so that it leads to a greater risk of failure of such a marriage[1].

Second: the reasons for early marriage

There are many reasons that contribute to increasing rates of early marriage in society, especially in rural areas, and the most important of these are the following[2]:

• Economic reasons: Poverty is still one of the most important factors behind early marriage, as parents get money or in-kind property as payment or price for the bride. There are some families whose young girls who have not reached the legal age are married to wealthy Egyptian or Arab husbands who have the ability to Fulfill the conditions that the girl's family places on the husband. There are also some parents who consider the girl a burden on the family and the girl and her burdens must be disposed of as soon as possible.
• Religious reasons: Religious factors are among the most important factors in the prevalence of early marriage in Islamic societies as a result of the prevalence of tribal society's misconceptions about early marriage, and the belief in implementing religious teachings regarding the acceleration and urging of marriage.
• Customs and traditions: There are many wrong customs and traditions that contribute to the increase in early marriage rates, and the most important of these customs, for example: fear of honor and honor, as early marriage has become common because it represents some concepts such as virginity, purity and control over the instinct of sex within the woman and then the The principle of early marriage is the best way to prevent any premarital scandals and preserve virginity, which acquires a quasi-sacred place in the Egyptian collective mind. There are also some customs and traditions about early marriage that supports family ties.

Third: the legislative framework for early marriage

The constitutional framework: The constitution does not explicitly provide for the protection of women from early marriage directly, but the constitution stipulates that the state is obligated to care for children and protect them from all forms of violence, abuse, abuse, and sexual and commercial exploitation.[3]Thus, the constitution indirectly criminalized sexual exploitation of children.

1. The legal framework: Contrary to the Egyptian constitution, the Egyptian law stipulated directly the criminalization of early marriage for children, and punished everyone who resorted to it, as Law No. 126 of 2008 stipulated the criminalization of documenting the marriage contract for those who did not reach eighteen years of the calendar in full, and the documentation is required to have a medical examination for those wishing. In marriage to verify that she is free from diseases that affect the life or health of each of them[4]. The Penal Code also stipulated that anyone who made a statement before the competent authority with the intention of proving that one of the spouses has reached the legally determined age to control the marriage contract with statements that he knows are not true shall be punished by imprisonment for a period not exceeding two years, or with a fine not exceeding three hundred pounds, and the law also punishes every person authorized by law The authority to control the marriage contract knowing that the two parties have not reached the age specified in the law, with a fine not exceeding 500 pounds [5]. The Civil Status Law No. 143 of 1994 stipulated that it is not permissible to document a marriage contract for those who have not reached the age of eighteen full years of age, and whoever certifies a marriage in violation of the provisions of this article[6].
2. The human rights framework: The Egyptian government has international obligations with regard to combating early marriage, as Egypt is a party to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, in addition to the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in February [7]1993, and Egypt also underwent the universal periodic review in 2014, and submitted recommendations to the Egyptian government with regard to combating early marriage, as the State of Sierra Leone called on the Egyptian government to cancel early forced marriage and temporary commercial marriage for girls, and the Egyptian government accepted this recommendation, and therefore the Egyptian state is required to work on Abolish early marriage in accordance with its international obligations.

The second axis: the reality of early marriage in Egypt

First: Statistics of early marriage in Egypt:

There are no accurate statistics about the numbers and rates of early marriage in Egypt, but most of what is raised about early marriage rates comes from officials' statements, which indicate an increase in early marriage rates in the recent period, especially in rural areas and in Upper Egypt. In July 2015, Dr. Hala Youssef, Minister of State for Population, stated that early marriage in Egypt amounted to about 15%, and it is increasing in the poorest governorates. She also stressed that the issue of child marriage is one of the biggest challenges that hinder the state’s efforts in development, and violates the human and legitimate rights of children, especially girls, and that the ministry is working to activate the national strategy against early marriage 2015-2020, which was announced in June 2014 and aims to reduce the rate of marriage. Early in five years, focusing on the geographical areas in which the phenomenon is widespread, and it contributes to building a healthy and physically conscious society and empowering the Egyptian family, especially in deprived areas, so that it can fulfill its obligations towards its children[8].

Dr. Hala Abu Ali, Secretary-General of the National Council for Motherhood and Childhood, confirmed that the rate of early marriage in Egypt ranges from 13 to 15%, and that the governorate of Sohag is at the forefront of Upper Egypt governorates in the rate of early marriage for girls, and the governorate of Kafr El-Sheikh in Lower Egypt. She also called for concerted efforts to reduce this percentage in order to eliminate this phenomenon that has great harm to the health and psychological state of girls, and that there is coordination between the Council and many ministries in order to eliminate negative and strange phenomena in Egypt and to submit proposals to governments in order to take challenging policies Among these phenomena, in the forefront of which is early marriage for girls, indicating that there is a big difference between early marriage and underage marriage, as early marriage is for those under 18 years, and underage marriage is for between 18 and 21 years[9].

The team revealed the Justice and Development Organization for Human Rights[10], On the increase in cases of early marriage in Upper Egypt and the border governorates, as a result of the absence of religious and health awareness in the Egyptian countryside of the seriousness of this phenomenon. The organization said that this type of marriage spreads from the age of 15 to 17 years for girls, in villages and hamlets as a result of the spread of illiteracy and the dropout of girls from education, and the rate of Sunni marriage in Upper Egypt and the border governorates is about 30% despite government laws that prohibit it.[11].

Consequently, there is no accurate number or accurate statistics on the rates of early marriage prevalent in the Egyptian society. However, there are confirmations that the phenomenon is widespread in society, especially in the villages and the countryside and in Upper Egypt, with varying rates that differ from one region to another.

What we must draw attention to here is the existence of a phenomenon that has spread recently following the approval of the amendments to the Child Law and the raising of the marriage age to 18 years, whereby parents resort to marrying their daughters under the age of 18 in a customary manner, or as they call it "marriage to the Sunnah", which is marriage Without official papers, but it has the conditions for publicity and publicity, then the marriage is documented and the contract written when the child reaches the age of eighteen.

 Second: Damages resulting from early marriage

There is no doubt that early marriage causes many problems and major damages within society, and among the most important of those damages that result from the problem of early marriage are the following:[12]:

• Legal problems :These problems result from not registering the marriage and documenting the marriage contract with the competent authorities, because the law does not allow the girl to marry at a young age, and therefore families resort to customary marriage, which leads to the erosion of the rights of the girl and the rights of her children in the future.
• Psychological problemsEarly marriage causes many psychological problems for the girl, as a result of her being prevented from living the normal stages in her life and bearing great responsibilities. She may not have the ability to bear it at this early age, and thus the girl loses the most beautiful years of her life, which may cause her to suffer from Many mental illnesses such as depression.
• Health problems Early marriage causes many physical illnesses as a result of not fully understanding the concept of marital relationships, which may cause many diseases resulting from wrong marital relationships or pregnancy and early childbearing, which results in major physical problems, the most important of which is abortion.
• Social problems :Early marriage causes many social problems as a result of the young girl’s inexperience in raising and raising children, which results in a lot of societal imbalance. This also results in the phenomenon of street children and homeless children, as a result of the mother’s inability to raise her children.
• The negative impact on the population phenomenon: Early marriage causes an increase in childbearing rates, and thus an increase in population growth rates disproportionate to the state's resources and capabilities.

The third axis: the proposed vision to address the phenomenon of early marriage

Dealing with the problem of early marriage is one of the most difficult matters, and dealing with the problem requires resorting to integrated solutions, given the seriousness and sensitivity of the problem for many groups of society, especially in the countryside and in Upper Egypt, and the crisis can be dealt with through some tools, and the most important of these tools are the following:

First: Legislative Reforms:

The penalties must be tougher in the various laws to prevent and criminalize early marriage, given the seriousness of the phenomenon on Egyptian society, and among these laws are the following:

• Article 227 of the Penal Code must be amended and the ceiling on the penalty for making false statements must be raised with the intention of proving that one of the spouses has reached the legally determined age to fix the marriage contract.
• Introduce articles in the Child Law and the Penal Code that criminalize the customary marriage of young girls (less than 18 years old).
• Amendment of Civil Status Law No. 14 of 1994, which stipulates that a marriage contract may not be documented for a person who has not reached the age of eighteen full years of age, and whoever certifies a marriage in violation of the provisions of this article. Given that disciplinary punishment is not sufficient to address the phenomenon.
• Introduce legal penalties for the father if he marries his daughter at the age of less than 18 years

Second: awareness

The government must present awareness programs in various media outlets to work on changing the cultural perception of fathers and children within the community towards the phenomenon of early marriage, in addition to raising awareness of the danger of this phenomenon on society.

• Religious institutions must work against early marriage, by raising awareness and education in religious sermons and lectures about the harms of early marriage and its danger to society, and refuting the jurisprudential falsehoods related to the phenomenon
• The government should organize seminars and training workshops to emphasize the need to pay attention to girls ’education in all its stages, reduce school dropout and address its causes, given that education is a major reason in eliminating the phenomenon.
• The state must establish support programs for girls within an economic plan by allocating a cash fund to support girls who belong to poor families, because poverty is one of the main causes of the phenomenon.
• Civil society organizations are required to focus their efforts in regions and communities that witness a growing phenomenon of early marriage.

Third: consolidation

• The government and the security community organizations must work together to provide material and moral support to girls who have suffered from the harms of early marriage, by monitoring cases, and working to provide all support for them to rehabilitate them and reintegrate them back into society.

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[1]UNICEF: Child Protection from Violence, Exploitation and Abuse, Child Marriage: http://www.unicef.org/arabic/protection/24267_25755.html

[2]More information on the following link: http://www.lchr-eg.org/archive/100/100-80.htm

[3]: The Egyptian Constitution, Chapter Three “Rights, Freedoms, and Public Duties”, Article 80, states: “Anyone who has not reached the age of eighteen is considered a child, and every child has the right to a name and identification papers, free compulsory vaccination, health and family care or alternative, and basic nutrition , Safe shelter, religious education, emotional and cognitive development. The state guarantees the rights of children with disabilities, and their rehabilitation and integration into society. The state is obligated to care for and protect the child from all forms of violence, abuse, ill-treatment, and sexual and commercial exploitation. Every child has the right to early education in a childhood center until the age of six. It is prohibited to employ a child before he reaches the age of completion of basic education, and it is prohibited to employ him in jobs that expose him to danger. The state is also committed to establishing a judicial system for child victims and witnesses. A child may not be held criminally responsible or detained except in accordance with the law and for the period specified therein. He is provided with legal aid, and his detention is in appropriate places separate from places of detention for adults. The state works to achieve the best interest of the child in all measures taken towards him.

[4]: Amal Saqr, Research paper: early marriage in Egypt(Cairo: Egyptian Center for Women's Rights, dt). P. 5

[5]: Egyptian Penal Code, Chapter Sixteen “Forgery”, Article 227, states “shall be punished with imprisonment for a period not exceeding two years or a fine not exceeding three hundred pounds, whoever is made before the competent authority with the intention of proving that one of the spouses has reached the age specified by law to control the marriage contract with words he knows "It is not true, or he edited or presented papers to her as well when the marriage contract was seized on the basis of these words or papers." Any person authorized by law to control the marriage contract knowing that one of the parties has not reached the age specified in the law is also punished with imprisonment or a fine not exceeding five hundred pounds.

[6]Civil Status Law No. 143 of 1994, Article 31 bis, added in 2008, states: “It is not permissible to certify a marriage contract for those who have not attained the age of eighteen full years of the calendar, and whoever certifies a marriage in violation of the provisions of this article,” more Details on the following link:

http://www.conference.ncwegypt.com/index.php/docsara/146-lawara

[7]: Amal Saqr, Research paper: early marriage in EgyptPrevious reference, p. 6.

[8]: Mahmoud Ragheb, Minister of Population: 15 % rate of early marriage in Egypt and the start of the implementation of a strategy to combat itThe seventh day, Thursday, July 30, 2015:

http://goo.gl/t7a0On

[9]: Fatima Badar, Childhood and motherhood: Early marriage in Egypt ranges between 13-15 %Lehn, March 29, 2016: http://goo.gl/L9tp8w

[10]: A non-profit non-profit non-profit organization known as a civil company registered and registered with the number 868 of 2008, to work to spread and promote the culture of democracy and human rights in Egypt in general and Upper Egypt in particular.

[11]: Hoda Rashwan, Justice and Development: Early marriage rates rose to 30 %Al-Watan Newspaper, Monday 22 December 2014:

http://www.elwatannews.com/news/details/624387

[12]: Mervat Fathy, Learn the most important disadvantages of early marriageHawa's website, February 21, 2015:

http://www.hawaaweb.com/marriage/love/5003.htmlPolicy Paper - Early Marriage between Legal Reality and Actual Practices

 

Policy Paper - Early Marriage between Legal Reality and Actual Practices