The UK prides itself on its international presence as a leading actor opposing child marriage. Yet this pride hides hypocrisy existing in current legislation regarding the outdated exception to the rule of child marriage in the UK. A new bill first presented to parliament on 6 October 2020 is calling for the government to address this hypocrisy. The new bill criminalises child marriage and civil partnership before the age of eighteen by revoking parental or judicial consent, which currently allows children aged sixteen and seventeen to marry. Sponsored by Pauline Latham, the conservative MP for Mid Derbyshire, it is her second time presenting a bill to criminalise child marriage, having previously attempted in September 2018. Under the new bill, a person commits a criminal offence in England and Wales if he or she (a) aids, abets, counsels, procures, encourages or assists a child under the age of 18 to enter into a marriage, or (b) conspires to aid, abet, counsel, procure, encourage or assist a child 5 under the age of 18 to enter into a marriage.

The Office of the High Commissioner on Human Rights regards child marriage as forced marriage if one or both parties have not expressed full, free and informed consent. Forced marriage is a criminal offense in the UK, but the UK’s current legislation regarding child marriage contradicts this. A child under the age of eighteen cannot enter into most contracts, drive a heavy goods or passenger vehicle, buy alcohol, tobacco or fireworks, gamble, vote or buy a knife and legislation introduced in 2013 states that all children must remain in full time education or training until the age of eighteen. By allowing child marriage with parental or juridical consent for sixteen and seventeen year old children this is in direct opposition to these legislations. As child marriage disproportionality affects girls, this negatively impacts upon girls’ opportunities to further their education and develop career pathways of their choice. Given that there is a lot that children under the age of eighteen legally cannot do, for marriage to be an exception is an outdated legal anomaly.

PROBLEMS IN REPORTING

Ministers have previously argued the number of child marriages is so small that it is not worth the time to make this change. In 2018 The Forced Marriage Unit gave support to 574 victims under the age of eighteen. Simply put, 574 is not a small number. Between 2006 to 2016, 3354 children registered in marriages in England and Wales. These figures are rising as there is greater awareness that child marriage is a crime, greater access to support, increased media attention and two successful prosecutions in recent years. Whilst the Home Office states this does not represent an increase in the prevalence of forced marriage in the UK, this is not the true picture. Child marriage remains a hidden crime and there are numerous plausible reasons why a survivor will not report the marriage. One of the most pressing is the risk of reprisals from their family if they came forward. As one survivor reported to the Guardian, the fundamental issue here is that it should not be the child’s responsibility to speak out against their family. As the survivor explained her horror at been forced to marry a man so old that his hair was falling out, she details how the marriage should have been flagged by officials and the registrar should have been alerted to the dangers of a young child marrying a significantly older man. Stories like this prove that preventing harm to those at high risk is crucial, and more than justifies the time and effort to change legislation in order to protect children.  

INTERNATIONAL HYPOCRISY

The UK’s work at an international scale towards ending child marriage is certainly to be applauded, but the question remains why the legislative loophole remails at a domestic level. The Department for International Development allocated up to £39 million in 2014 to support the global efforts in ending child marriage. The UK recognises the harmful effects of child marriage, particularly the increased likelihood of early pregnancy, increased exposure to domestic abuse, social isolation, interrupting the child’s right to education and preventing career opportunities. The UK has signed two International Human Rights conventions demanding child marriage be ended in signatories’ jurisdictions. Yet, the exception existing in the UK’s legislation directly violates these conventions. In her comments to the Guardian, Naomi Wiseman, Barrister, explained, “The UK has no legitimacy with respect to international human rights when child marriage is allowed to take place in this country. Currently the onus is on the victim to say they have been forced into marriage. A ban on child marriage would take away that pressure.” 

This hypocrisy has devastating consequences. In 2017, Bangladesh re-legalised child marriage, with government officials citing the legality of child marriage in the UK as justification. This re-legalisation resulted in one survivor sharing their story of how they were forced to travel to Bangladesh as a child to facilitate the marriage with impunity. Whilst a Government Spokesperson released a statement  confirming the UK as a world leader in the fight against forced marriage, neglecting to note the UK’s domestic loophole in this statement reaffirmed the hypocrisy. 

COVID-19 AND ONGOING CONCERNS

The first successful prosecution of a case of this kind occurred in 2018 as a woman was found guilty of deceiving her daughter into travelling to Pakistan and forcing her to marry a man twice her age. Unlike most consenting brides who are overjoyed on their wedding day, this child cried throughout the whole ceremony. This verdict was a landmark development in the fight against forced marriage, and set a hopeful precedent. Should Pauline Latham’s bill be successful, the criminalisation of child marriage (in all forms of civil, religious and customary) will act as a deterrent, and empower those at risk. Criminalisation also makes it clear to statutory agencies that all children must be safeguarded from the offense of child marriage, as such cases currently slip through the cracks.  

The OHCHR noted that the incidence and risk of child marriage is exacerbated in humanitarian settings. During Covid-19 restrictions there has been an expected rise in cases of child marriage, as parents can use Covid-19 as a guise for pulling their child out of school. There has been a reduction in the accessibility of support for vulnerable and at-risk children during lockdowns, especially as children are not able to see teachers and support workers in person.

The second reading of this bill has already been postponed to 26 February 2021. As the UK’s second lockdown ends on 2 December 2020, the UK must continue to consider its stance on child marriage and work towards ending this unacceptable international hypocrisy. 

Rosie is currently attending The London School of Economics and Political Science, studying the MSc Human Rights and holds a BA in Human Geography from Newcastle University. Her research interests include International Humanitarian Law, Children’s Rights and promoting gender equality. A keen activist for mental health, she is a trained crisis response volunteer and aspires to pursue a career at the bar.

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