Author: Hanna Nyssen
III Year | Tilburg University, Tilburg

Introduction:

Child marriage is a deeply entrenched issue in Yemen, posing significant legal, social, and humanitarian challenges. Yemen has one of the highest rates of child marriage globally, with nearly 32% of girls married before the age of 18 and 9% before the age of 15^[1]. This practice is rooted in cultural, economic, and societal norms, making it a complex issue to address through legal means.

Law on Child Marriage in Yemen:

Yemen’s legal system is primarily based on Islamic law, with Sharia serving as a major source of legislation. Yemen is one of the only countries on the planet with no minimum legal age for marriage. A proposed law to set the legal minimum age to 18 failed to pass, due to the various ongoing humanitarian conflicts in the country^[2].

One of the key challenges within Yemen’s national legal framework is not only the legislative errors, but also the implementation and enforcement mechanisms are often weak or nonexistent. This is even more prominent in remote areas where traditional customs hold more sway than legal structures. Especially in rural areas, where poverty is widespread and education levels are low, child marriage is often practised even below the age of 12.

Furthermore, societal attitudes and perceptions towards child marriage present a significant hurdle. Many communities view early marriage as a cultural norm, believing it ensures a girl’s protection and secures her future. These deeply ingrained beliefs make it difficult to change behaviour solely through legal interventions.

International Legal Framework:

On the international stage, Yemen is a signatory to several human rights conventions and treaties that prohibit child marriage. This includes the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). While there is no specific provision mentioning child marriage, child marriage is mainly prohibited through Art. 6. It is an indirect protection^[3], as child marriage often results in child pregnancies, endangering the overall health and well-being of the girl. These treaties establish a minimum age of marriage and require states to take measures to eliminate child marriage.

Yemen has also committed to eliminate child, early and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals^[4]. Despite this, the government has not submitted a Voluntary National Review in any High-Level Political Forum to date^[5].

Challenges to Combat Child Marriage in Yemen:

The main challenge lies in the disconnect between international obligations and domestic realities. While Yemen has ratified these conventions, incorporating their provisions into domestic law and ensuring compliance is a highly critical step in reducing the intensity of the issue. Moreover, in conflict-affected countries like Yemen, where state institutions are weakened, international legal frameworks may struggle to exert meaningful influence on the ground, adding an additional layer to solving this issue.

Implementation of existing laws:

One of the primary challenges is the lack of effective implementation of existing laws. Even if national laws were to prohibit child marriage, enforcement is often lax or non-existent. Yemen needs comprehensive legal reforms to align national legislation with international human rights standards. This includes raising the minimum age of marriage, strengthening enforcement mechanisms, and ensuring access to justice for victims of child marriage.

Cultural Norms:

Addressing child marriage requires challenging deeply entrenched cultural norms and beliefs. In many communities, early marriage is seen as a social norm rather than a legal issue, making it challenging to change behavior solely through legal interventions. Promoting awareness and education on the harms of child marriage is crucial. This includes targeted campaigns at the community level, engaging religious and community leaders, providing basic levels of education to all genders and integrating comprehensive sexuality education in schools.

Access to Justice:

Limited access to justice, particularly for marginalized and vulnerable populations, hinders efforts to address child marriage. Many individuals, especially in rural areas, may lack awareness of their legal rights or face barriers to seeking legal recourse. Establishing support services for victims of child marriage, including legal aid, counseling, and shelters, is essential. These services should be accessible and culturally sensitive to address the specific needs of survivors.

Economic Factors:

Yemen is the poorest country in the Middle East^[6]. Its ongoing conflict and political instability further complicate efforts to address child marriage. In such environments, state institutions are weakened, making it difficult to implement and enforce legal measures effectively. Economic factors play a significant role in perpetuating child marriage. Poverty often drives families to marry off their daughters at a young age, viewing it as a way to reduce financial strain. Lack of access to education, particularly for girls, also contributes to the prevalence of child marriage. Addressing the underlying economic factors driving child marriage requires comprehensive poverty alleviation and economic empowerment programs. This includes promoting access to education and livelihood opportunities for girls and their families.

Conclusion:

In conclusion, addressing child marriage in Yemen requires a multi-faceted approach that navigates the complexities of national and international legal frameworks, cultural norms, economic factors, and ongoing conflict.

While legal reforms are necessary on a domestic level, they must be complemented by broader efforts to raise awareness, provide support services, empower communities, and promote economic opportunities for vulnerable populations. This is done by implementing a system of set components with preventive & responsive care, additional workforce roles & capacities, working on strengthening societal norms, financing and collecting more data.

Strengthening international cooperation and support for Yemen in addressing child marriage is vital. This includes technical assistance, capacity building, and financial support on an international level to implement effective strategies. Only through concerted and sustained action can Yemen make significant progress in ending the harmful practice of child marriage and safeguarding the rights of its children.

^[1] The Secretariat of the WHO, ‘Early Marriages, Adolescent and Young Pregnancies Report by the Secretariat’ [2012] <https://apps.who.int/gb/ebwha/pdf_files/WHA65/A65_13-en.pdf>.

^[2] UNPA, ‘Married at 12; a Single Mother at 16 in Yemen’ [2021] <https://www.unfpa.org/news/married-12-single-mother-16-yemen#:~:text=Yemen%20is%20one%20of%20the>.

^[3] United Nations Convention on the Rights of the Child  [1989], Art. 6.

^[4] n.A, ‘5.3 Eliminate All Harmful Practices, such as Child, Early and Forced Marriage and Female Genital Mutilations – Indicators and a Monitoring Framework’ [2012]<https://indicators.report/targets/5-3/#:~:text=Target%205.3%20eliminate%20all%20harmful>.

^[5]Ladan Askari, ‘The Convention on the Rights of the Child: The Necessity of Adding a Provision to Ban Child Marriages’ [1998] core.ac.uk <https://core.ac.uk/reader/51091730>.

^[6] The World Bank, ‘The World Bank in Yemen’ [2022]<https://www.worldbank.org/en/country/yemen/overview>.