Author: Rokhsar Sadat
Global Campus of Human Rights (CES), American University of Central Asia, Bishkek

Introduction:

Child marriage is a global problem which has contributed enormously to the suffering of our young ladies. It is still a regular occurrence in Afghanistan. This gender-based violence denies girls their chance to be healthy, educated and realize their full human rights. UNICEF data shows that 28 % of the Afghan female population aged 15-49 were married before they turned 18. [1] Such numbers reveal the need for taking systematic and lasting measures to eliminate this phenomenon in Afghanistan.

It is also important to understand the relationship between cultural traditions and international human rights standards. Further, child marriage is one of the areas where the percentage varies from one Afghan ethnic group to the other. There are significantly greater incidences among Pashtuns, the dominant national group, compared to the other ethnic groups like Tajiks and Hazara.[2] This cultural diversity also represents the discrepancies, which are under the influence of cultural norms and traditions inside each community.

Cultural Relativism and Human Rights:

Cultural relativism is the understanding that customs should be understood within their cultural settings. It is the key factor in moulding societal values toward child marriage. Ethnic diversity and cultural sensitivity are certainly important while implementing human rights. However, culturally acceptable practices can go on for as long as they are deeply rooted in a tradition to a level where they violate the human rights of some people.

Regarding Afghanistan’s situation, a mixture of issues pushes children to marry. For example, patriarchal structure, financial problems, honour concerns and understanding of religious texts.[3] To foster progress amidst these cultural dynamics without disrespecting the time-honoured traditions and norms, a sensitive approach would work. The approach needs to uphold the importance of girls in society rather than only contributing to their welfare.

This article highlights that despite all the difficulties relating to cultural relativism, the issue of child marriage in Afghanistan is a gross human rights violation that needs intervention and reform. Through the lens of the cultural, human rights, and solution aspects, this article will also seek to add depth to the understanding of this complex issue and bring about a future where girls in Afghanistan can exercise their full rights and reach the full materialization of their abilities.

The Cultural Context of Child Marriage in Afghanistan:

Analyzing the existence of child marriage in Afghanistan requires getting to the bottom of the society’s norms which sustain it.

Pashtunwali and the Significance of Honor:

Child marriage is quite common among Pashtuns, the biggest ethnic group of Afghanistan. They are the followers of a traditional code of conduct Pashtunwali. This code highlights honour, hospitality, and revenge. When it comes to women, the community sees them as bearers of honour and strictly guards their chastity.[4] Additionally, child marriage is perceived as a way to keep a girl’s honour safe. It is also a way to limit her sexuality and premarital relations. [5]  Another reason is to improve family ties by demarcating the social statuses between two families to strengthen these relations.[6]

Economic Hardship and the “Burden” of Daughters:

Poverty and economic hardships affect child marriage greatly. Families often also regard daughters as an economic burden. Therefore, marrying them off at an early stage is one of the ways to reduce the economic pressures.[7] In poor communities, families might secure the future of their daughters by transferring the responsibility to another family.

Religious Interpretations and Customary Laws:

Islam, the main religion of Afghanistan, is against the practice of forced marriage and highly emphasizes consent. However, some religious leaders and communities may misinterpret the religious texts to endorse child marriages.[8] On the other hand, customary laws based on traditional norms may also allow marrying minors and provide a legal framework.[9]

Regional Variations and Cultural Nuances:

Cultural practices could differ from region to region, ethnic group to ethnic group, and socioeconomic background to socioeconomic background in Afghanistan. Prevalence and approval of child marriage can also be very distinct in rural and urban areas. So also, it can be different in different ethnic groups. For example, children marry less among the Tajiks and Hazaras compared to the Pashtuns.[10]

Cultural traditions certainly contribute a lot to the shaping of societal norms. However, child marriage is nothing but a violation of the basic human rights of girls. Additionally, it is irrelevant to the cultural context. This activity robs girls of their right to education, health, and freedom from gender-based violence and exploitation. Thus, child marriage in Afghanistan should be taken into account from a complex point of view that involves a balance between cultural and human rights values.

The Human Rights Implications of Child Marriage:

Child marriage is a huge violation of human rights. It deprives young girls of the right to life, and freedom from being forced, manipulated and discriminated against. This devastating practice also has long-lasting and multidimensional effects on girls’ physical, spiritual, and social well-being.[11] Looking at child marriage using the international human rights treaties, one can identify its disastrous influence on girl’s fundamental rights.

Right to Education:

Child brides often have to stop going to school, which means they do not have an education. They are thus, denied the chance to acquire skills and knowledge that are keys to empowerment, economic independence, and well thought-out decision-making. As a result, the venture of poverty is passed, social mobility is limited and gender inequality is reinforced.

Right to Health:

Child marriage exposes girls to a number of health issues such as dangers associated with premature pregnancy and birth, sexually transmitted infections (STIs), and mental health problems.[12]

Right to Freedom from Violence and Exploitation:

Child brides face an overwhelming level of violence such as marital rape, domestic violence and sexual exploitation.[13]  This is so due to the power imbalance that is common in child marriages, where the husband is typically older and more powerful than the wife. Teenager spouses usually do not have the social support to leave abusive relationships. They do not even have legal aid to overcome the cycles of violence and oppression.

Right to Free and Full Consent:

Undoubtedly, child marriage deviates from the principle of free and full consent to marriage as stated in Article 16 of the Universal Declaration of Human Rights and repeated in different human rights treaties.[16] According to the child’s age and developmental stage, they are unable to give informed and authentic consent. Fear of violating one’s freedom of choice, family or community pressure, and lack of information about marriage consequences pave the way for this violation.

marriage is contrary to the principles and norms of the CRC, which puts the child as the rights-bearing individual of this world and deserving of special protection. The main articles infringed upon by child marriage include:

• Article 12: Right to be heard and have their views considered in all matters affecting them.
• Article 19: Right to protection from all forms of violence, abuse, and exploitation.
• Article 24: Right to the highest attainable standard of health.
• Article 28: Right to education.
• Article 34: Right to protection from sexual exploitation and abuse.

 Conclusion:

The practice of child marriage in Afghanistan is a big problem that has cultural traditions, patriarchal norms, and economic hardships as the main actors to hinder girls’ fundamental human rights in the country. It violates international human rights standards. Further, girls experience gender inequality. Their development is affected and their health is jeopardized.

Therefore, finding a solution to this difficult problem requires a multifaceted approach. Some ways are education of girls, opening economic venues for families, engaging communities to change social perceptions, strengthening legal frameworks, and promoting international cooperation. Through focusing on girls’ human rights and their well-being, Afghanistan can ensure that each girl is secured from any type of violation and subordination, and live life to her best.

[1] UNICEF, “Child Marriage,”  https://data.unicef.org/topic/child-protection/child-marriage/.

[2] Sulaiman Shahin, “Child Marriage in Afghanistan: Trends, Causes, and Consequences” ( Kabul:  Afghanistan Research and Evaluation Unit, 2014), 12.

[3] Human Rights Watch, “Afghanistan: Child Marriage Threatens Girls’ Futures,”  https://www.hrw.org/news/2021/10/27/afghanistan-child-marriage-threatens-girls-futures.

[4] Rubin, Barnett R. “Fragmented State: The Challenges of Statebuilding in Afghanistan”. Washington, D.C.: United States Institute of Peace Press, 2013.

[5] Edwards, David B. “Before Taliban: Genealogies of the Afghan Jihad”. Berkeley: University of California Press, 2002.

[6] Giustozzi, Antonio. “Koran, Kalashnikov, and Laptop: The Neo-Taliban Insurgency in Afghanistan”. New York: Columbia University Press, 2008.

[7] United Nations Assistance Mission in Afghanistan (UNAMA). “Afghanistan: Annual Report on Protection of Civilians in Armed Conflict”. Kabul: UNAMA, 2022.

[8] Azimi, Nadia. “The Pearl that Broke Its Shell”. New York: Riverhead Books, 2014.

[9] Goodhand, Jonathan. “Conflict and Everyday Life in Afghanistan:  An Ethnography of War”.  Cambridge:  Cambridge University Press, 2016.

[10] Sulaiman Shahin, “Child Marriage in Afghanistan: Trends, Causes, and Consequences”. Kabul:  Afghanistan Research and Evaluation Unit, 2014.

[11] UNICEF, “Child Marriage: A Critical Barrier to Girls’ Schooling and Empowerment,” https://www.unicef.org/protection/child-marriage.

[12] World Health Organization, “Child Marriage: A Violation of Human Rights,” https://www.who.int/news-room/fact-sheets/detail/child-marriage.

[13] Girls Not Brides, “Child Marriage and Violence,” https://www.girlsnotbrides.org/child-marriage-and-violence/.

[14] United Nations, “Convention on the Rights of the Child”, https://www.ohchr.org/en/professionalinterest/pages/crc.aspx.

[15] United Nations, “Convention on the Elimination of All Forms of Discrimination against Women”, https://www.un.org/womenwatch/daw/cedaw/.

[16] United Nations, “Universal Declaration of Human Rights,” https://www.un.org/en/about-us/universal-declaration-of-human-rights.

[17] International Criminal Court, “Rome Statute of the International Criminal Court,” https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf.