THE SOCIAL AND LEGAL IMPLICATIONS OF EARLY MARRIAGES IN UGANDA

A CASE OF GOMA COUNTY MUKONO DISTRICT

BY

UMWIZA BRIDGET

A DISSERTATION SUBMITTED TO THE FACULTY OF LAW

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE
DEGREE OF BACHELOR OF LAWS
OF UGANDA CHRISTIAN UNIVERSITY

Dec, 2018
 DECLARATION

I UMWIZA BRIDGET declare that this dissertation is an original work and has not been
presented to any institution before for any award of a degree.

Candidate:
UMWIZA BRIDGET .……………………………………
Date …………………………………….
APPROVAL

This dissertation has been submitted with my consent;

Supervisor:
Prof………..………….…………………………………..

DATE:……………………………………………………
DEDICATION

This piece of work is dedicated to the family of Mr. and Mrs. …………………………and

friends, the Ugandan Judiciary, police, and all other stakeholders concerned with the welfare of

the Girl child in Uganda administration of justice in Uganda. It is also dedicated to those whose

rights have been violated due to forced early marriages in Uganda.

I also dedicate this research to my friends with whom I have gone through law school.
ACKNOWLEDGMENT
 ABSTRACT

This research paper analyses social and legal implications to the pre-trial detention (remand) in
Uganda. It digs deep into the causes and effects of lengthy pre-trial detention and provides
suggestions to end it.

The paper gives appropriate history of the wider context of pre-trial detentions in Uganda that
spans from the immediate post-colonial times of Uganda to the recent, highlighting major
historical events that have shaped the law on pre-trial detention. It goes ahead to provide an
analysis of the literature both local and international and compares it while giving a critic of it.

The paper goes further to investigate the existence of the laws relating to pre-trial detention at the
national, regional and international level highlighting the particular provisions of law that state
the confines within this kind of detention should take place and be dealt with.

With the central region as its geographical scope, the research paper entails a field work report of
the findings from the study. The main method of research used here is the quantitative method
where data is extracted from the case study with the guide of information from the target group.
The findings from the field study relating to pre-trial detention are circumstantial of the country’s
level of development, economic status and the social- political state of affairs in the country.

In a conclusion, the paper is comprehensive in analysis, investigation and reporting of pre-trial

detention in Uganda and is rich in comparison of the present with the past of Uganda in relation
to the topic; local legal framework with international and concludes with recommendations from
the author to various stakeholders in this country towards ending lengthy pre-trial detention in
Uganda.
Abstract

This paper deals with the topic of child marriage which is perceived as a harmful traditional
practice. directly threatens the rights to education and health as well as personal development
and wellbeing of girl-children. Africa. Southern Asia and some Arab countries in Middle East
have widespread practices of child marriage. International Conventions affirm child mania ge a s
violation of human rights. It denies girls rights to free and full consent as well as the best interest
of the child. Poverty, lack of education. negative cultural and religious practices. bride price and
giving girl-children as a means of resolving disputes are the significant features underlying child
marriage in most developing counties. Research reveals that one in three girls in developing
countries are yet to be married before the age of 18 and one out of nine girls will probably be
married before the age of 15. A UNFPA survey estimated that 39,000 girl children marry
everyday around the world. The statistics illustrate that if States do not show commitments to
end child marriage. 14.2 million girls under the age of 18 will be married every year over the
current decade and the rate will increase to 15.1 million girls every year from 2020 to 2030. The
thesis will review the international human rights instruments, as well as the context of child
marriage in Afghanistan and India as two countries that have common traditional practices of
child marriage.
Table of contents

DECLARATION .......................................................................................................................................... 2
APPROVAL ................................................................................................................................................. 3
DEDICATION .............................................................................................................................................. 4
ACKNOWLEDGMENT............................................................................................................................... 5
ABSTRACT.................................................................................................................................................. 6
Abbreviations .............................................................................................................................................. 10
Chapter one: INTRODUCTION ................................................................................................................. 11
1.0 Introduction ................................................................................................................................. 11
1.1 Background ................................................................................................................................. 11
1.2 Problem statement ....................................................................................................................... 13
1.3 Research questions .................................................................................................................... 14
1.4. Significance of the study ...................................................................................................... 14
1.5 Justification of the Study................................................................................................................... 14
1.6 Scope of the study ...................................................................................................................... 14
1.6.1 Time scope. ......................................................................................................................... 14
1.6.2 Geographical scope ............................................................................................................. 15
1.6.3 Subject/Thematic Scope .................................................................................................... 15
1.7 Research Methodology ............................................................................................................... 15
1.8 Literature review......................................................................................................................... 15
Limitations of the Research .................................................................................................................... 18
1.9 Synopsis of the study .................................................................................................................. 19
Conclusion ........................................................................................................................................... 20
Chapter two: NON LEGAL ASPECTS OF EARLY MARRIAGES IN UGANDA .................................. 21
2.0 Introduction ...................................................................................................................................... 21
2.1Causes of early marriages .................................................................................................................. 21
2.2Effects of early marriages .................................................................................................................. 21
2.3Coping mechanisms of girls in early marriages.................................................................................. 24
2.4 Conclusion. ................................................................................................................................. 27
Chapter three: LEGAL REGIME GOVERNING EARLY MARRIAGES IN UGANDA......................... 29
3.0 Introduction ....................................................................................................................................... 29
 3.1 The International law (Child Rights).................................................................................................. 29
3.2 The African Charter ........................................................................................................................... 29
3.3 The Constitution for the Republic of Uganda .................................................................................... 30
3.4 The Children Act Chapter 59 ............................................................................................................. 30
3.5 The Penal code cap 120..................................................................................................................... 31
Chapter Four: SUMMARY, CONCLUSION AND RECOMMENDATIONS .......................................... 32
Summary ................................................................................................................................................. 32
Conclusions ............................................................................................................................................. 32
References .................................................................................................................................................. 35
Appendices.................................................................................................................................................. 39
Appendix one :Interview guide ............................................................................................................... 39
Abbreviations

UNCRC United Nations Convention on the Rights of the Child

ACRWC African Charter on Rights and Welfare of the Child

AFODE Alliance for Development

CEDO Child Rights Empowerment and Development Organization

CRA Child Rights Act

CRC Convention on the Rights of the Child

ICESCR International Covenant of Economic Social and Cultural Rights

PADA People’s Action for Development of Africa

PUWACG Philomena United Women Art and Craft Group

RIDE Human Rights and Democracy Link) Africa

UN United Nations

WHO World health organisation

 Chapter one: INTRODUCTION

1.0 Introduction

This paper is focused on the social legal implications of early marriages in Uganda with a deeper
look into causes and effects of early marriages to girls in Uganda and then recommendations to
end it. Early marriages have remained a big issue in the court system, police and prisons
authorities in Uganda but surprisingly it has had little discussion in the legal perspective in
Uganda.

1.1 Background

More than 650 million women and girls alive today were married before their 18th birthday1.
Twenty-one per cent of young women (20-24 years old) around the world were child brides2.
While child marriage is most prevalent in low- and middle-income countries, it also takes place
in high income countries.
In many parts of the world, marriages may be recognized by the community without legal
registration. Marriages are marked with a ceremony, or there what does teen pie what is child
marriage the straightforward, the realities of child marriage can be complicated. Both the words
“child” and the internationally recognized definition of a child established by the Convention of
the Rights of the Child3, one of the most universally endorsed and widely ratified treaties in
history is “every human being below the age of 18 years”. This is also the legal definition used in
most parts of the world .Despite that in a small number of countries, adulthood, or the “age of
majority” may be reached before age 18 years.
A UNFPA survey indicates that during 2000 —2011, ‘one-third of girls in developing counties
have been married before the age of 18years4.”2 In 2010 the estimated number of underage
married girls was 67 million, of whom about 12% were married before the age of l5. The
UNFPA prognosis shows that if the present tendency persists “14.2 million girls tinder the age of
18 will be married every year over the current decade.”4 This estimation counted as 39,000 girls

1
UNICEF, 2017
2
Ibid
3
CRC
4
UNFPA 2011
married each day.5 statistically the rate will increase to 15.1 million girls every year from 2020
to 203 0.6 “UN-Secretary General Ban Ki-moon in his July 2013 annual report to the UN
General Assembly emphasized that child marriage practice must be ended every where
Cultures in Ugandan consider adulthood a state achieved upon marriage for example, cultures
where full age means the age of 18 years and above, and any married woman is deemed to be of
full age. Marriage in Uganda also varies it can be formal or informal, governed by civil law,
common law or religious law, or simply be a customary practice. (The Convention on the Rights
of the Child makes an exception for national laws recognizing an earlier age of marriages)5.
Major surveys try to account for this variation when measuring child marriage. Multiple
Indicators Cluster Surveys and Demographic Health Surveys, for example, collect information
on the date and age at which a woman and man first started living with their first spouses or
partner& In the end, these varying definitions make little difference for a child’s safety and
health Child marriage is a serious human rights violation that directly threatens lives, health,
safety and education of girls and boys, limiting their future prospects.
In most Ugandan communities impoverished parents often believe marriage will secure a
daughter’s future by making a husband or his family responsible for her care6. This is usually the
case when parents face economic hardships or when girls are forced by poverty or circumstance
to drop out of school. In case where the bride’ s family has to pay dowry to the groom’ s family,
younger brides typically command smaller dowries, creating an incentive for parents to marry
their daughters off early. In places where the groom’ s family pays a bride price, parents in
difficult circumstances may marry off their daughters as a source of income7.
A report by UDHS 2016 noted that not all child marriages are the result of parents’ or guardians’
decisions. Often, adolescents themselves decide to marry their partner.8 These marriages may be
a way to exercise independence, leave home or escape difficult circumstances, including
desperate poverty or family violence9. Restrictions on adolescent sexuality outside of marriage
also drive some adolescents to see marriage as the only way to be sexually active.

5
Ibid
6
UNFPA, Uganda: Child marriage country profile, 2012
7
Ibid
8
UDHS, 2016
9
Ibid
In most cases, child marriage is the result of girls and families having few choices.
Overwhelmingly, when young people have a choice, they marry later. How common is child
marriage
Child marriage is a long lasting and widespread practice that continues in several parts of
Uganda. For the case of Goma County in Mukono district, currently hundreds of girl-children
mostly in the poor households are suffering from this harmful practice. In addition it has severe
threats to lives of the mother and the unborn child in case the girl gets pregnant. The county has
noted a problem of low health education and future prospects of girl children as the main victims
of this practice.

1.2 Problem statement

Child marriage represents one of several forms of harmful practices that are imposed on children,
and has been rightly recognized as a serious children’s rights violation.1 Its prominent feature is
that it involves a child whom by definition in the Convention on the Rights of the Child (CRC) is
‘a person below the age of 18’10. Child marriage is thus defined as any formal or informal union
or marriage where one or both parties are below the age of 18.
A study commissioned by the United Nations predicts that if the rates of child marriages
increase, this will lead to more than 140 million girls becoming child brides by the year 2020.
This is equivalent to 14 million child brides every year or nearly 39,000 girls becoming child
brides every day. These statistics illustrate how the issue of child marriages is a universal
problem that represents perhaps the most prevalent form of sexual abuse and exploitation
involving children.
Statistics suggest that child marriages are prevalent in the district of Mukono especially Goma
county 39% of women married in the county were married below the age of 18 years.
Some of the causes of child marriage in the county include poverty, lack of education, gender
inequalities, custom and tradition.11 Child marriage is linked to a number of negative health
consequences in young girls such as early pregnancy, HIV and AIDS, obstetric fistula and

10
UNFPA, Uganda: Child marriage country profile, 2012

11
UNICEF, 2011
maternal mortality. It has also been associated with lower levels of education among young girls
and greater exposure to domestic and sexual violence that occurs as a result of young girls not
being ready to shoulder the responsibilities of marriage and motherhood.

1.3 Research questions

1. What are the determinant factors of early marriages?
2. What are the present legal perspectives in place to curb the vice of early marriages?
3. What can be done to curb the vice of early marriages?

1.4. Significance of the study

Due to increased number of child marriages in Uganda, questions have been rising as to the
cause. It becomes necessary to dig deep into the root causes of this perennial problem and proffer
solutions to it. In addition to this, the research;
Will increase the available literature on the subject girl forced marriages
The recommendations to the Law Reform Commission, Parliament, Judicial services
commission and the office of the Chief Justice, will help in persuading the above mentioned
offices to make laws to stringently deter the prolonged pre-trial detentions in Uganda.

1.5 Justification of the Study.

The study on Pre-trial detention is justified considering the fact this subject has not been

adequately written about and therefore not given much attention in the country. There hasn’t

been a comprehensive research paper that has extensively covered the causes and effects of

lengthy pre-trial detention in Uganda hence making this paper very important. The study on pre-

trial detention is justified since such information can guide the legislators, the judiciary, police,

prisons department and the civil society on identifying strategies that can help in ending

prolonged pre-trial detention in Uganda

1.6 Scope of the study

1.6.1 Time scope.
This research will cover a time frame between the years 2007 to 2018.
1.6.2 Geographical scope
This research was conducted in the central region in the district of Mukono a county of Goma.

The importance of identifying the county is that it constitutes the biggest population of young

mothers.12The other reason for the choice of the county was that it was nearer to me which eased

my research work.

1.6.3 Subject/Thematic Scope

In addition, it examines difficulties the courts of judicature encounter when applying the doctrine
and its practicability in fulfilling the gaps in the legislation of parliament, in a bid to achieve
justice.

1.7 Research Methodology

The methodology employed a qualitative research where it serves functions of social

investigation that are contextual, explanatory, evaluative, and generative through examining
accounts for existence and operation of phenomena (Ritchie and Lewis, 2003). Qualitative
research further unfolds unique patterns of events overtime, thus depicts processes, and captures
several elements of social settings such as views, values, and attitudes. The study will also
incorporate a desk-based research. The primary sources include a questionnaire, the Constitution
of Uganda, relevant national laws and policies, and international and regional human rights
instruments. Secondary sources include journal articles, law reports, textbooks, NGO reports and
newspaper articles. Internet blog sources are also included as these usually have readily
accessible information on current developments on the subject of child marriage in Uganda

1.8 Literature review

Since times immemorial early marriage happened and in most cases was supported by the societies.
This exposed girls to more of the cultural, social and economic constraints than boys. Cultural norms

12
UDHS ,2016
against reporting early marriage makes it even more difficulty to assess accurately the vice (Delano
1998).
For the case of African societies, girls are seen as a source of wealth and they are a means of
obtaining money, cows and many other things. Since the biggest proportion of bride price goes to
girl’s parents, then these children are married off by their parents when they are still young to old
men who defile them, due to their parents need for material gains.
In Uganda and Africa at large, matters concerning sex were treated with sensitivity and not to be
discussed in public. The responsibility of giving and passing of sex education to the girl child was to
be done by female relatives of the family (Nkozi, 2012). This would happen when the girl was being
prepared for marriage.
Cultural practices condone sexual abuse of children; it has not been easy to effect positive change in
most communities where cultural practices condone the sexual exploitation of children. In some
communities the definition of a child does not necessarily agree with the legal provisions. Due to the
fact that sex is taboo, many cases of sexual abuse of children go unreported for fear of
stigmatization.13
In the East and Southern Africa Region, early marriage is closely associated with a society’s concept
of children and the situation of any given child. In Uganda and Kenya, for example, cultural practices
such as initiation ceremonies and the view that the onset of puberty is the cutoff point between
childhood and woman hood, means that adolescents are not defined as children in many cultural
practices. This is also the basis for early marriage (Kalemera, 2008).
According to UNICEF reports, (2011) some parents are forced to marry off their daughters in order
to obtain money to meet educational fees for their male siblings and for other purposes14. In pastoral
communities, early marriages are common where parents marry off their young girls in exchange for
livestock. These exchanges, of cattle for girls and women, form an integral part of the local economy
(UNICEF, 2011).
Karisa ,(2014) observed that early marriages is seen to be present throughout the history of human
interactions, and in some cultures is ingrained in the historical and sociological development of
society; thus, like folks, tales, that emphasizes the relationship between kin that are in actual practice
are incest taboos. He furthers emphasizes the point that should be taken seriously is the fact that
people should be aware of and conscious of the historical concepts as well as the cross-cultural

13
UNICEF, 2011
14
Kalemera 2008
differences that exist in different societies across the world when thinking of adult-child sexual
contacts that may in society not be seen as evil and deviant behavior.
The new technology in form of televisions i.e. videos, cinemas, music, some magazines e.t.c, With
pornography have brought problems and peer pressure to children. Alcohol, stereotyping, sexual
immorality and drug abuse all need to be addressed.
Many reports show that since children in of this generation this region exist within a cultural context,
work with children, families and communities needs to take into account the social and cultural
settings and experiences. Interventions must therefore be culturally sensitive and appropriate to
policy makers and all concerned policy makers.

11 Research has shown that child marriages have profoundly negative impacts on girls both in
terms of prevalence and consequences than on boys who are initiated into child marriages. There
are various socio-economic, cultural and religious justifications that contribute to the high
prevalence of girl child marriages. For instance from a social and cultural perspective, children in
Africa are generally expected to respect the decisions that parents and guardians make on their15
Uganda has one of the highest prevalence rates of child marriages in the world. On average, two
out of five girls get married before their 18th birthday. According to the Uganda Demographic
Health Survey UDHS, (2016), the national prevalence rate of child marriages is at 42 percent,
with Central Province recording a prevalence rate of 46 percent. The legal age for marriage in
16
Uganda is currently 21 years .However, in most rural parts of Uganda, customary law is more
usually followed and allows marriage for anyone who is considered to have reached puberty, a
definition which puts children at risk (Matenga and Tembo, 2008).
Child marriage is most common among the poorest households and it is closely linked to poverty
and low levels of economic development. In addition, culture also promotes child marriages
especially in rural Uganda communities. Child marriage creates problems to both sexes although
girls are more affected since they are most vulnerable to early marriage and are the majority
victims. Child marriage limits the child’s education, affects the general health, and puts the
affected in disadvantaged position. For instance children engaged in an early marriage are more

1515
2016 Uganda Demographic Health Survey (UDHS)

16
UNFPA, 2016
likely to drop out of school, have little or no education, be unemployed or low paid, live in poor
housing condition and have a lot of children.

denies young women of school age right to education necessary for personal development,
preparation for adulthood, and effective contribution to future well-being of family and society.
In each year, around 70,000 girls die in labour since their bodies are not mature for child bearing,
WHO and UNICEF (2012). Further still about 14 million teen and adolescent girls get married,
and others are forced into marriage arrangement by parents yearly, UNICEF (2012). To revert
this, education is crucial in mitigating incidences of early and forced marriage. This means that
enhancing access to quality education for girls while at the same time enlightening community to
amend societal norms that enable early and forced marriage to continue.17
In 2012 UNICEF estimated that internationally, approximately 400 million women aged 20-49
(or 41% of the entire population of women of this age)got into matrimony before reaching
18years. UNICEF, (2012) further noted, although the proportion of child brides has generally
decreased over the last 30 years, in some regions child marriage remains habitual, even among
the youngest generations, in rural areas predominantly among the poorest. Among young women
aged 20-24 internationally, 1 in 3 (or 70 million) were married despite the fact that they were
children and around 1 out of 9 (or 23 million) entered into marriage or union before achieving 15
years of age.Herrenkohl, (2005) posits that if current trends persist, child brides married off
yearly would have grown more than 14% annually from 14.2 in 2010 to 15.1 million by 2030.
Though the biggest number of child brides resides in South Asia, nations with higher rates of
early and forced marriages are in Africa, UNICEF, (2005). In fact, of the 41 nations with
World’s Children, 2016

Limitations of the Research

In my research, I have been limited by the available literature about pre-trial detention since

there are not so many scholars that have written about this subject. I have also limited my

17
Joy for Children Uganda, Child, early and forced marriage in Uganda, 2013
research field work to one region (central) which may not present a representational picture of all

regions in Uganda about pre-trial detention. However, I will be able to use the available literature

in the regions of Uganda and other jurisdictions to compare with the field work done at the

identified case study so as to be able to harmonise my research. I will also ensure to diversify the

framework especially laws, reports and other literature available to reach a balanced research

study.

1.9 Synopsis of the study

on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, has a
weakness that stems from the fact that the CRA has to be passed into law in each state in Nigeria
before a child marriage may be considered illegal.49 The author reasoned that, adherence to
Islam and the application of Shari’a law in the northern parts of Nigeria, where child marriage is
prevalent, indicates reluctance towards the enactment of the CRA.
This thesis also takes into account the significant contributions from non-governmental
organisations (NGOs) that have highlighted some of the causes and consequences that are linked
to the prevalence of child marriages in Africa. In a publication by an NGO called Girls Not
Brides, improving education for girls was identified as a key strategy for addressing the issue of
child marriages in Africa.50 The discussion took note of the critical transition from primary to
secondary schooling which indicated that school dropout rates for girls escalated during this
period in many parts of the world, with over 60% of child brides in developing countries lacking
formal education.51 This publication emphasises that when girls can access and complete quality
education, they are less likely to be married before the age of 18, thereby directly addressing the
issue of child marriage.
Baker and others produced a report exploring the challenges to implementing the prohibition
against child marriage in Sierra Leone. The discussion specifically looked at how the customary
legal system in Sierra Leone is more familiar, accessible, culturally relevant and influential in
most people’s lives than the formal legal system. The report suggests that strengthening the
capacity of customary authorities through legal training could effectively assist in achieving the
Child’s Right Act’s mandate to end child marriage in Sierra Leone. UNICEF, State of the
Conclusion

Under this Chapter the exploration of the historical background of pre-trial detention in Uganda,
the research methodology and the and the analysis of literature on the subject give an
understanding of what this research paper is all about
Chapter two: NON LEGAL ASPECTS OF EARLY MARRIAGES IN
UGANDA

2.0 Introduction
In recent years child marriage has been identified by human rights, development, and even
humanitarian organizations alike as a tremendous barrier to achieving important—and often
overlapping—goals in a variety of disciplines .It can be hard to imagine why someone would
choose to have their child married off. But for millions of people, child marriage can seem like
the best or only option.
Girls are frequently seen as burdens or commodities because of pervasive gender inequality yet
child marriage itself leads to girls experiencing high levels of sexual, physical and emotional
violence from their intimate partners. The preceding chapter shows what causes and the effects
of early marriages for the girls in Goma County.

2.1Causes of early marriages

Teenage Pregnancies

Although most adolescent pregnancies in the developing world take place among girls who are
already married, in some places, teenage pregnancy prompts parents to marry their daughters off.
This is seen in both the poor and wealthy and poor countries where communities consider
pregnancy outside of marriage to be shameful. Girls may even be forced to marry rapists to spare
their families the stigma associated with unmarried pregnancy.
Education level

From the study it was found out that the risk of first marriage was lower for the women with
primary education and which was lower for women with at least secondary education, all
compared with women with no education. For example, at least secondary education delayed
first marriage for a good number of years. The significance level for all education categories
were significant and thus risk of getting married reduced as the level of education increased.
These results from the field provide empirical evidence that a woman’s educational attainment is
an important determinant of a women’s age at first marriage in Goma County. More education
leads to delayed marriage and therefore higher levels of education are associated with a lower
probability of early marriage. Each subsequent additional level of education lowers the
probability of first marriage significantly. These results are consistent with those reported earlier
in the literature.
The results obtained above clearly showed that education has a coherent and statistical effect on
delaying marriage for girls. The effect remained robust in the presence of a number of controls.
A lower risk of getting married early among educated women may be due to waiting time for
completion of their academic endeavors.

Economic Drivers of Child Marriages

From the field it was note that early marriage is in fact a practice driven primarily by poverty the
level of poverty in a given Home is the strongest correlating factor with high rates of child
marriage. The researcher notes from the field that it is important to note that this relationship is
not causal, but rather cyclical.(Girls from impoverished homes are left with marriage as one of
their few options to try and escape poverty, but early marriage also leads to lower economic and
educational opportunity, continuing the cycle of poverty).
It was noted from interview that child marriage is far more common in areas with low access to
health care and high levels of poverty. In places with widespread child marriage, girls on average
have poor access to health care, education, and gainful employment. For women and girls,
marriage is often seen in many parts of the county as a means to escape, prevent, or alleviate
poverty. This is often because the patriarchy community see’s women as less capable of
supporting themselves or as valuable assets to their family.
Among the many respondents interviewed it was noted that, parents were incentivized to delay
marriage for daughters whose economic value was okay.

Gender Inequality: Social and Economic Drivers Combined

It was evident in the field interviews that child marriage targets girls at far higher rates than boys.
It is also worth noting that the inequality between young girls and their older husbands lies at the
intersection of the two drivers of its social and economic drivers. The gender inequality
contributes to and perpetuated by child marriage is both social (including cultural, religious, and
ethnic) and economic in nature.
For example, as discussed above, girls are far more likely to be married as children than boys, a
decision motivated by a variety of factors ranging from poverty to cultural practice. The findings
from the field also noted that these drivers share by necessity a social and economic devaluing
of women and girls where in most cases girls are regarded as economic burdens” without real
earning potential which makes families keen to have them married.
This evaluation of the girls is both economic and social. While it is true that one less mouth to
feed would be a tremendous financial break for an impoverished family, it is schooling, finding a
match and for getting white collar jobs. also a result of a variety of social factors that the girls are
less able to earn a living and seen as less valuable than their male peers.

2.2 Effects of early marriages

Health
When young girls marry they are neither physically, emotionally, nor sexually ready for the
assumed responsibilities of a wife. Many health consequences result from this immaturity. Child
brides are far more likely to be young mothers and give birth at an unhealthy and unsafe
developmental age for both themselves and the infant .child marriage is a key determinant of
early childbirth. Early childbirth comes with devastating implications for both the mothers and
infants. Girls aged 10-14 at the time of childbirth are five times more likely to die in childbirth
than women aged 20-24 due to higher risks of complications like obstetric fistula, Anemia, and
Eclampsia.
Young mothers also have “poorer poorer fertility outcomes” including “inadequate birth spacing,
lower contraceptive use, and a higher number of unintended pregnancies.”
Child brides are also vulnerable to sexually transmitted infections (STIs) and HIV/AIDs. Due to
the typical age disparity between child brides and their husbands, it is more likely that the girls’
older husbands have contracted a sexually transmitted disease before marriage . Lower rates of
contraceptive use and higher levels of poverty correlated with early marriage also contribute to
the greater risk of STIs for child brides, further exposing the power disparity between child
brides and their older husbands.
As child brides are some of the most vulnerable members in their communities, early marriage is
strongly correlated with numerous health concerns including higher rates of malaria, domestic
violence-related injuries, and cervical cancer. The psychological health effects of early marriage
are also harmful.
Child brides face high rates of both isolation and depression. They are often removed from their
home, families and communities and must begin the roles of “wife, domestic worker, and
eventually, mother.” This loss of childhood and family home is incredibly challenging and
stressful. Child brides are also more likely to miscarry or give birth to stillborn children, which
add yet another layer of emotional trauma to the experience of being a child bride.

Due to child marriage’s considerable health implications, NGOs working to promote human
rights and development aim to deter the practice of child marriage by informing parents and
communities of the risks associated with it . This is also reflected in academic discourse.
recommend educating communities about the negative health effects of child marriage in order
to incentivize delaying marriage until adulthood.50 In fact, education and not just health
education is closely linked to child marriage, as one of the main factors linked to child
marriage’s prevention. The next section will explore the detriments to education more broadly as
a result of child marriage.
Education
Similar to the negative health implications of early marriage, child marriage is also correlated
with many negative education outcomes. Education is understood both as something that is
negatively impacted when child marriages take place and as a way to prevent early marriages
from taking place. With the former, girls with little or no education are the most vulnerable to
early marriage . Jamobo writes, “attitudes towards the education of girls have begun to change
even in traditional societies, many parents still believe…a girl’s education is wasted when she is
simply going to be married and work in a household.”
Often this results in girls’ removal from school or never being enrolled in the first place. As
Nour writes, “child marriage truncates girls’ childhood [and] stops their education.” Education is
also often cited as one of the better preventative measures of child marriage (Singh and Samara
1996; Mathur, Greene, and Malhotra 2003). Bajracharya and Amin state in their 2012 study of
child marriage in Nepal “Increased educational attainment for girls is widely credited as being
the single most important reason for delay in marriage in most of the developing world.54 Many
scholars agree, citing education and keeping girls in school as the most important deterrent of
child marriage (Lee-Rife et al 2012; Nour 2006; Nour 2009, Svanemyr et al 2015). Nour writes,
for example, that many of the most successful programs provide families with economic
incentives to delay marriage and keep their daughters enrolled in school. This includes programs
that feed children during the school day and others that provide employment for girls after
their education to become financially independent from their parents.
These findings are supported by several studies (Malhotra 2011; Myers and Harvey 2011; WHO
2015, Raj, McDougal, and Rusch 2014; Jain 2007). Raj et al found2.3Coping mechanisms of
girls in early marriages example, that while keeping girls in primary school was unlikely to deter
child marriage, maintain girls’ enrollment in secondary school had some preventative effect.56
Economic Wellbeing and Poverty
As discussed above, child marriage is thought by many scholars to be driven by economic need
and poverty. Child marriage also helps to perpetuate poverty in several distinct ways. As
Bajracharya and Amin write, “Among the poorest families, marriage decisions are likely made as
economic survival strategy.”57 They find in their longitudinal study of child brides in Nepal that
poverty was not only a cause of child marriage, but also an effect. As a result of the child bride’s
combined lack of education and isolation, she is “without skills, mobility, and connections, [and]
her ability to overcome poverty for herself, her children, and her family is hindered.”
In order to break this cycle, poverty-related programs, incentives, and advocacy are becoming
increasingly part of human rights and development organizations’ toolkit to prevent child
marriages. Given the role economic need plays in incentivizing child marriages for many
families, groups like the World Bank and International Center for Research on Women are
testing programs that pay families to keep their daughters unmarried (WHO 2015
“Understanding the Economic Impact of Child Marriage”). Such programs been very successful,
even more so than other programs which promote education as a means to prevent child
marriage.
For example, Lee-Rife et al’s comprehensive study of twenty-three programs designed to prevent
child marriage finds the greatest success with several widespread, incentive-based programs
observed, compared to programs that targeted child marriage directly through girls’
empowerment or legislative advocacy. The authors call incentive based programs the “untapped
approach to child marriage prevention,” based on their success and infrequent use compared to
other types of deterrent programs 59 These types of programs are expensive and untraditional,
however, and it will likely take some time before they are normalized in development and human
rights programming. The early successes of financial incentive-based programming raise
interesting questions about the literature on child marriage’s causes. If economic incentives work
to delay marriage more than other cultural or educational interventions, there is a strong case to
be made that economic necessity is the dominant or central driver of child marriage.
Gender Equality
As noted earlier, child marriage—including its indicators, drivers, and implications—is a
complex and interrelated practice and problem. This is reflected in the ways in which gender
inequality and discrimination affects the practice of child marriage both economically (girls are
seen as being literally less valuable or as potential dowryearners) and culturally (for example,
many traditions and religions prefer sons over daughters). The continued practice of child
marriage reinforces these beliefs, passing them down from one generation to the next, the
devastating implications of which have been discussed at length in this chapter already. As a
result, gender inequality becomes a paramount concern as one of the main implications of child
marriage practice worldwide.
Gender equality is also increasingly seen as a potential solution for child marriage. The premise
is such that if girls are empowered and women become equal decision makers and breadwinners
to men, especially their husbands, child marriage will greatly decrease. This is likely also a
byproduct of other development and human rights conversations taking place, including the
development of the Sustainable Development Goals in which to “achieve gender equality and
empower all women and girls” is the fifth goal out of seventeen. Additionally, the “holistic’
approach to the girl child has become a popular, and in the eyes of some, the only realistic way
to address many of the world’s largest problems. This holistic approach includes working to end
the practice of child marriage as well as education, employment, and anti-poverty and female
genital mutilation initiatives as well.
Several studies of early empowerment development programs have shown initial success. These
programs address both the main causes of child marriage, social/cultural and economic, as
discussed earlier in this chapter. A recent case study by Girls Not Brides of a holistic program
run by Institute Health Management Pachod (IHMP) in Maharashtra, India showed promising
results, including a decrease in girls married before age eighteen from 80.7% to 61.8% after
eighteen months of the program’s intervention.
This is part of Girls Not Brides’ Theory of Change on child marriage, which includes health,
education, economic and legal support as well as placing an emphasis on ensuring that women
are valued.61 Other groups, including the U.S. Government with their upcoming Adolescent
Girl’s Strategy (released in March 2016) include efforts to combat child marriage as part of a
larger context of ending inequality and violence against women. The next section will address
violence against women and, more broadly, gender-based violence in situations of armed conflict
in order to better articulate the unique dimensions that shift and exacerbate these abuses.

2.4 Conclusion.
In conclusion, it was noted by the respondents that the major causes of early marriages area
……….. Thus, child marriage plays an integral part in perpetuating gender inequality worldwide.
Only in addressing child marriage can gender equality along with many other development and
human rights goals be reached, such as the UN Sustainable Development Goal number five on
ending gender inequality. The next section explores the child marriage’s implications, including
consequences if it is not addressed and the benefits to the global community if it is ended.
This is largely due to the fact that child marriage is linked to numerous health, education, gender
parity, and economic problems.
It is helpful to characterize child marriage as the Greek mythological monster Hydra. To kill the
Hydra, simply attacking a single head will not work, and a new head will regrow in its place.
Similarly, child marriage is linked to maternal health concerns, low education rates, poverty,
sexism, reproductive rights and more. Addressing only one or two of these issues or attempting
to address them without understanding their connectedness within the broader issue of child
marriage is bound to be frustrating and not achieve the desired results. For this reason, many of
child marriage’s negative effects, such as decreased education and health, are often targeted for
improvement by aid and development organizations as ways to combat the practice. Very few
initiatives are holistic in their approach, targeting all of child marriage’s causes and implications
in their work, which lessens the overall effectiveness of anti-child marriage programs (Lee-Rife
et al 2012; Svanemyr et al 2015). Lee Rife et al find in their analysis of child marriage
prevention programs that almost all rigorous programs took one of several approaches, such as
enhancing access to schooling or empowering girls with support networks. No program in their
study addressed both cultural and economic drivers of child marriage.
Chapter three: LEGAL REGIME GOVERNING EARLY MARRIAGES IN UGANDA

3.0 Introduction
This chapter analyzes the domestic, regional as well as international perspectives and legal
provisions governing children and marriages. Since children’s rights are governed by law, it is
important to examine its parameters therein.

3.1 The International law (Child Rights)

The United Nations, on the convention of the rights of the child (UNCRC) which Uganda
subscribes since 1989. The purpose of the convention is to protect the rights of children and to be
articulated on girl early marriage are provided by UNCRC. These include; freedom from abuse
the right to life and neglect freedom of identity, the protection of a child without family; freedom
from sexual abuse, freedom from sale, trafficking and abduction. These are contained in article 6,
7, 8, 19, 34, 35 and 36 of UNCRC.

3.2 The African Charter

On the rights and welfare of children, article 27 of the African charter states that, state parties
shall undertake to protect children from all forms of sexual abuse and all forms of exploitation.
The charter stipulates that the state shall in particular undertake measures to prevent the
inducement, coercion or encouragement of a child to engage in any sexual activity. Uganda is
one of the countries that ratified and hence supported this convention.
However events that happen within families are usually not subject to international law.
International law respects family autonomy as articulated in the International Covenant of
Economic Social and Cultural Rights (ICESCR). However, child sexual abuse facilitated in the
family under the guise of culture is now prohibited under international law by the Convention
Rights of the Child (CRC) and the African Charter on Rights and Welfare of the Child
(ACRWC).
Article 19 of the CRC emphasizes that the protection of children from abuse whilst in the care of
parents, guardians or others who care for the child.
Every state is required to take all appropriate legal, administrative, social and educational
measures to protect the child. Sexual exploitation of children is vehemently prohibited in the
charter. At the regional level, ACRWC expressly prohibits child sexual abuse and exploitation. It
compels states on the same grounds articulated in the CRC to protect children against sexual
abuse where early marriages are part.
It should be noted that ACRWC is applicable to all children under the age of 18 years regardless
of national ages of majority. It seeks to eliminate the possibility of sexual abuse of children
within marriages by establishing 18 years as the minimum age of marriage. To reinforce this,
states are obliged to make registration of all marriages compulsory in an official register. Child
marriages are to be prohibited by enacting the necessary legal measures that sets a minimum age
of marriage at 18 years.

3.3 The Constitution for the Republic of Uganda

Chapter four of the Constitution of Uganda 1995 provides for the observance of human rights of
all individuals, only a single article 34 specifically provides for children’s rights.
Among the rights mentioned, there are no specific provisions for protection rights of the girl
child against situations that lead to girl early marriages as spelt out in the UNCRC.18
It is apparent that the 1995 constitution of the republic of Uganda provides no specific provision
to protect the girl child in times of armed conflict as it happened in northern Uganda19. However,
article 34 provides for a legal framework under which children’s human rights. Policies and law
have been enacted in support of realizing and protecting rights of children in general or specific
situations, such laws formulated have included; the children Act chapter 59 and the laws under
the penal code cap 120.

3.4 The Children Act Chapter 59

The children Act of Uganda Chapter, provides the principles which guide in the design of
protection of rights strategies of children in situations of domestic dispute and where legal action
is required. These rights are well stipulated and spelt out in the constitution based on three core
values of the wellbeing of children and these are “the best interest of the child”, “survival and
development of the child” and participation of children”. According to these, any decision that is
made that affects the child’s life while dealing 7y6uyujykj., other persons, state, a court, a local
authority are to be decided with the following consideration (a) the wishes and feelings of the
child concerned in light of his or her age and understanding (b) the child’s physical, emotional
and educational needs and (c) the likely effects of any changes in the child’s circumstances.

18
The constitution of the republic of Uganda 1995
19
Ibid
Those considerations are a good pointer that Uganda recognizes and appreciates children’s right
to protection against early marriage or protection physically and emotionally. When the Act out-
law harmful customary practices that are detrimental to the child’s health, it becomes useful to
the cause of the study but in conflict situation the customary practices continued become worse
and relegate the girl child to sexual encounters of early marriages. As it stands however, it is
incomplete because it does not give the scope of the social customary practices.

3.5 The Penal code cap 120

The Penal Code Act cap 120 is an offence creating Act in Uganda and has a long history that is
traced in the colonial era in the 1950’s. It’s liable that when one examines the offences therein it
will be appreciated that any violation of the following protection rights is offensive and the
offences are punishable. These include, the right to life, freedom from illicit transfer, abuse and
neglect, child labor, sexual exploitation, freedom from scale, trafficking and abduction freedom
from other forms of exploitation and to abuse, rape and lastly the core of the study Early
marriage against children irrespective of what environment they are committed under. All are
clear provision for enforcing and protecting the rights of all children irrespective of situation.
However, the area that has hindered the protection of the girl child from Early marriage and what
needs to be urgently addressed is the lack of up to date data on the practice.
Chapter Four: CONCLUSION AND RECOMMENDATIONS

Summary

Conclusions
The implementation of international human rights law into the domestic law is part of state
responsibility in illustrating its international commitment towards respecting, protecting and
promoting children’s rights. This requires an analysis of the status quo of the Uganda legal
framework in order to track Uganda’s proactive response in addressing child marriage. Section
34 of the Ugandan Constitution is arguably not in line with international standards on the issue of
minimum age requirement as it states that children below the age of 16 to can contract a valid
marriage provided they obtain parental or guardian consent.20 Whilst the Constitution of Uganda
prohibits forced marriage, it does not explicitly provide for the requirement of ‘free and
From the findings it is concluded that untimely and coerced marriages is prevalent in the rural
areas of Uganda. It was established that inadequate education attainment has an effect on early
marriages. The findings established that few girls and women have secondary and post-
secondary education and most of the girls get married before attaining Uganda Certificate of
Education (UCE). It was clearly evident from the study that early marriage had taken its toll on
school completion.
In the developing world, early marriage is common in adolescents and it continues to be a strong
social norm, particularly for girls. It is associated with early childbearing,
………………………………………………………………………………………………………
…………………..in Africa the main purpose of marriage is to have children. preferences and
use of contraception [6],[7],[8],[9][10].
In Uganda, marriage is almost universal sooner or later, everyone marries, an early age at first
marriage is observed for both males and females. According to the 2000/01 and 2006 ,2016
Uganda Demographic and Health Surveys, the age at first marriage has been 17.5, 17.8 and 17.8
respectively and coupled with a low contraceptive prevalence rate of 24%, they have led to a
high total fertility rate of 6.9

2020
Ugandan constitution 1995
Conclusions
Basing on the findings in the previous chapter, it was found out that educational attainment,
religion, district of residence and birth cohort were strong socio-economic determinants of age at
first marriage in Western Uganda. This is evidenced by both the findings at bivariate and
multivariate analysis with p-values less than 0.05.
Furthermore, occupation and ethnicity were significant at bivariate level of analysis but not
significant at multivariate level. While place of residence and wealth index had no relationship
with age at first marriage of these women in Western Uganda.
All in all, the study has established that a women of other religions who had atleast primary
education, resided in Kyenjojo and Kabarole district, and were born between 1960 and 1989
were more likely to marry later compared to their counterparts in Western Uganda.
5 Recommendations
This study has implications for policies and programs that seek to increase women’s age at first
marriage. It is crucial to continue improving girls and young women access to education in the
region, as this is important avenue for raising the women’s age at first marriage and for
empowering women and enhancing their participation in market economy.
Similarly, it is advisable to target young women, particularly those with no or little education,
with information on reproductive health and to provide them with basic life skills to enable them
to avoid early marriage. These should include primary school girls. These programs should
emphasise the health as well as the economic advantages of delayed marriage and childbearing.
More research needs to be done to find the pathways through which education influences the
timing of marriage. Similarly, interactions between and among the covariates included in this
study should be investigated. Future studies on this subject should endeavour to seek for the
pathways and investigate interactions between and among covariates

Recommendations
These recommendations derive from the study findings.
Ministry of education to bar early and forced marriages right from the grass root level
addressing causes of early and forced marriages through:
1. Addressing economic realities and keeping girls in school.
2. Carrying countrywide campaigns against early and forced marriage with a call to end the
scourge.
3. Funding and supporting organizations that raise awareness about children’s’ rights including
the right not to be forced into untimely marriages.
4. Providing enforcement programs accompanied by special financial assistance for providing
bursaries to enable girls from poor backgrounds to access quality education.
5. Use of media to raise public awareness about the rights of the child and the impact of
premature marriage.
Educate and engage traditional and religious leaders
1. To develop and adopt commitment to ending early and forced marriage and sensitize the
community members to report early and forced marriage practices.
2. To engage governments and communities in getting girls to school right from basic education
to secondary level.
Supporting policy frameworks:
1. Reviewing customary and civil law in the light of internationally agreed human rights in
addition to standards of marriage.
2. Reviewing existing laws and strengthening legal and policy frameworks.
3. Designing effective systems of marriage through emphasizing lawful period of matrimony.

Strengthening legal provisions, enforcement and awareness: While a plethora of relevant laws and
policies exist in Uganda, problems of implementation remain critical. Stakeholders identify in particular
the need to enhance the effectiveness of legal redress mechanisms and child protection systems (including
the police, probations officers and local councils) in addressing child marriage and defilement, and to
enact district-level ordinances to back up and pave the way for implementation of national laws. Further
advocacy is still needed around key themes, issues and clauses in proposed laws, such as the Marriage
and Divorce Bill. Such advocacy will undoubtedly need to proceed through extensive processes of
community dialogue and sensitisation to counter the currently strong sociocultural resistance that is
abundantly apparent in current debates. A number of stakeholders also highlighted the importance of
working with families and communities to strengthen both awareness and understanding of laws around
defilement, early marriage and obligatory primary education

Clarifying policies and strengthening services for adolescent sexual and reproductive health: While an
adolescent health policy exists in Uganda, with guidelines on implementation, there is still considerable
uncertainty about whether reproductive health information and services can actually be provided to
adolescents under the age of 18, particularly in view of the law on defilement, which defines all sexual
acts involving under-18s (consensual or not) as a crime. A recent conference on adolescent sexual and
reproductive health highlighted such ambiguity, which is negatively impacting on the health of adolescent
and – in particular – on their reproductive health rights and need for protection. Lack of clarity at policy
level is coupled with strong social and religious norms and taboos about imparting sexual information and
services to girls and – in particular – providing access to methods of contraception. With abortion also
illegal, the result is continuing high levels of teenage pregnancy; recourse to unsafe abortion; and severe
repercussions for the health of adolescent girls. There is an urgent priority, therefore, to clarify the legal
and policy framework; massively upscale sexual and reproductive health information; and ensure services
are available and provided by adolescent-friendly health workers

3.7 Strategies/ Prevention of Girl Child Early marriage / Sexual Abuse

The response of the international community to sexual abuse of children does not have a long
history and it is only recently that it has been recognized as a significant social problem. The
hesitancy of international law to address child sexual abuse has been attributed to the dichotomy

The United Nations Convention on the Rights of the Child (CRC) was adopted in
1989, entered into force in 1990, and currently has 196 state parties.8 In it, a child is
defined as anyone under the age of eighteen.9 Articles 3, 6, and 12 in particular are
relevant to child marriage, ensuring that children’s opinions, rights, maturity, and
wellbeing are considered in decisions about their lives.10 Article 3 states that in all
actions

Child Marriage in International Law

The United Nations Convention on the Rights of the Child (CRC) was adopted in
1989 , entered into force in 1990 and currently has 196 state parties.8 In it. A child is defined as
anyone under the age of eighteen. Articles 3. 6, and 12 in particular are relevant to child
marriage, ensuring that children’s opinions rights maturity, and wellbeing are considered in
decisions about their lives. Article 3 states that in all actions in the public or private sphere
(marriage straddles both). State Parties must consider the “best interests” of the child. According
to Article 6, State Parties must also ensure that the child’s survival and development are
protected. Article 12 states that children have the right, given a certain level of maturity, to state
their own views and wishes and that these should be respected. This right related to one of the
most complex aspects of the practice of child marriage .While child marriage opponents often
use this right to demonstrate the violation of a child being forced into a marriage against their
will, some children may find the prospect of marriage desirable in certain circumstances. In that
case, some have argued that international law and that child’s rights conflict, and that some older
children should be able to choose to marry if they so desire (Bentley 2005; Freeman 1998).

While marriage is not specifically mentioned in the CRC, in the United Nations Convention on
the Elimination of all Forms of Discrimination against Women (CEDAW), Article 16 states:
States Parties shall take all appropriate measures to eliminate discrimination against
women in all matters relating to marriage and family relations and in particular shall
ensure, on a basis of equality of men and women: (a) The same right to enter into
marriage; (b) The same right freely to choose a spouse and to enter into marriage only
with their free and full consent.

“Too Young to Wed: The Growing Problem of Child Marriage among Syrian Girls in Jordan.”
Save the Children. 2014. Accessed November 14, 2018
“Children in \Var.” International Committee of the Red Cross. November 1. 2009. Accessed on
November 2018
The United States is the only LIN country not a state party to the CRC, as it is only a signatory.
“Convention on the Rights of the Child.” United Nations Ritman Rights. Accessed October 25.
2015.
10 Jarnobo. Tamunoimama. “A Discourse on the Developmental Effects of Child
Marriage.” 4frican Journal ql Social Sciences 2. no. 3 (2012): 135-36.
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Appendices
Appendix one :Interview guide