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Exclusive: Significant drop in marriages of minors after 2018 law change

Author
Danica MacLean,
Publish Date
Fri, 2 Jul 2021, 8:03am
(Photo / Getty)
(Photo / Getty)

Exclusive: Significant drop in marriages of minors after 2018 law change

Author
Danica MacLean,
Publish Date
Fri, 2 Jul 2021, 8:03am

The number of minor getting married has dropped significantly following a law change aimed at reducing forced marriage. 

In August 2018 a Marriage (Court Consent to Marriage of Minors) Amendment Bill was passed, requiring the consent of a family court judge for the marriage of a 16 or 17-year-old. 

It replaced the former parental consent required for a child of that age who wanted to get married. 

Data obtained from the Department of Internal Affairs under the Official Information Act show there 45 marriages involving a 16 or 17-year-old in 2015, 30 in 2016 and 37 in 2017. 

There were also 19 in 2018 prior to the law being changed. 

But following the change, the figures fell to single digits. 

There were fewer than five marriages involving a 16 or 17-year-old in the rest of 2018, while eight were registered in 2019, and fewer than five last year. 

Further data obtained from the Ministry of Justice under the Official Information Act reveals as of early April this year, 33 applications had been made to a family court judge since the law change. 

Sixteen applications had been granted, nine were considered still active, six had been declined and two had either lapsed, been withdrawn or discontinued. 

Diversity, Inclusion and Ethnic Communities Minister Priyanca Radhakrishnan did her thesis on forced marriage before entering Parliament - and was on the select committee that dealt with the legislation in 2018. 

She says the numbers are tracking in the right direction, and it is reassuring the numbers have fallen this significantly since the law change.

“The whole point of that was to close the loophole that allowed a parent, or parents, to potentially coerce a person of 16 or 17 into a marriage.  

“This is a human rights issue; it’s a safety issue and I’m really pleased to see the numbers tracking down.” 

She says it’s hard to tell if there are more child marriages that are happening that aren’t being formally registered, but encourages anyone person who has been in that situation, or organisation who had worked with anyone, to come forward.

“This is a practice that often happens under the radar, so it is difficult to tell. I do feel that potentially there is a bit more work that we could do in this space to ensure people are aware of firstly the law change, but also this impact of these practices on our young people.” 

Equal Employment Opportunities Commissioner Saunoamaali’i Karanina Sumeo also holds the portfolio for women’s rights at the Human Rights Commission, and agree this is an area where more work is needed. 

“It sounds like the law is working, but we don’t know if that means these marriages are occurring anyway, outside the eyes of the state.” 

Sumeo says it is very possible this is happening, so she’d like to see some targeted investment. 

“In terms of, training for our NGOs, for our lawyers, for our judges, our police and perhaps running some programmes in some of ethnic minority communities where this practice occurs, and perhaps even in our faith-based communities …. so, people are aware about what the law is, because I do still suspect the practice is still continuing. 

Sumeo says every child has the right to be safe and to make their own decision about their bodies and their lives. 

“We can’t take it for granted just because the law is there that it’s stopped, if it’s something that’s been traditional in particular communities it is unlikely to stop overnight. 

“We’ve had laws against family violence and that’s still continuing regardless of culture and community, so it’s a long-term investment to stamp such a practice out where it’s illegal.” 

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