In November 2006, the Working Group for Equality in Personal Status Issues, of which ACRI is an active member, launched a public campaign to contend with the issue of underage marriages, which is a widespread phenomenon within Arab society. The campaign targets the Arab community, and is designed to raise awareness of the problems and the hazards inherent to underage marriages. The campaign focuses on two of these hazards: firstly the high rate of divorce among couples in which the female partner marries at a young age (10% of Arab female divorcees are under the age of 19); and secondly, the health dangers associated with pregnancies at a young age (woman under the age of 19 are twice as likely to give birth through caesarean section or to suffer from toxemia).
Under the slogan, "Marriage Under 18 – A Tragedy," 20 public notices were published in the Arabic press during the month of December. In addition, Radio A-Shams aired two broadcasts on the subject six times a day every day throughout December: in the first broadcast, a father explains the mistake he made by allowing his eldest daughter to marry at a young age, and outlines the problems his daughter was forced to deal with as a result; in the second broadcast, Dr. Iyad Jashan, who heads the Maternity Department at the French Hospital in Nazareth, describes the dangers of pregnancy at a young age. Additional leaflets and postcards were distributed to social welfare offices, schools, non-profit organizations and other relevant bodies.
The phenomenon of underage marriages is one of the most blatant examples of societal discrimination against women, and reflects widespread sexist stereotypes, which claim that the natural place of a woman is in the home, and that her primary role is to bear and raise children. The majority of underage marriages are the result of societal and familial pressure that is exerted upon the couple, and is not an expression of free will. In a small number of cases the minor is forced into a marriage that she has no chance or ability to resist.
The marrying off of minors who have not reached the age of 18 contravenes the stipulated provisions of the UN Convention on the Rights of the Child and other international conventions. The provisions protect the rights of young women to: enter the covenant of marriage of their own free will, to physical and mental health, to a healthy development, and to education.
Israel`s Marriage Age Law 1950, prohibits a young woman who is not yet 17 years of age from marrying unless there are exceptional circumstances, which are stipulated by law. However, the law is problematic as it states, in contravention to the UN Convention on the Rights of the Child, and Israel`s Capacity and Guardianship Law 1962, that a young women is defined as a minor if she has not yet reached the age of 17, but goes on to say that upon reaching this age she is to be considered mature enough to marry. This creates an absurd situation in which a 17-year-old girl is permitted to marry and start a family on the one hand, but on the other hand is prohibited from undertaking other legal actions whose implications are far less dramatic than the decision to marry. Moreover, the Marriage Age Law is rarely enforced.
The campaign emphasizes the fact that the majority of underage marriages in Israel are carried out legally, in other words, between the ages of 17 and 18.
Legally authorizing the marriage of minors who have not yet reached the age of 18 represents the State’‘s failure to honor its obligation to ensure the well being of these minors. By so doing the State abandons these young girls to their fate in the full knowledge of the nature and scope of the impact that marriage will have on them.
The Working Group for Equality in Personal Status Issues recommends a number of steps to prevent under-age marriages:
The Working Group for Equality in Personal Status Issues
The Working Group for Equality in Personal Status Issues is a coalition that was established in 1995 by a group of individuals and organizations that work to protect human rights in general, and the rights of women in particular. The organizations that make up the coalition are: Association for Violence against Women; The Association for Civil Rights in Israel; Al-Tufula Center; Israel Women’‘s Network; Kayan Feminist Organization; and individual lawyers and social workers.
The coalition works to promote gender equality for issues relating to Family Law and to promote the rights of Arab women appearing before Family Courts or Religious Courts on personal status issues.
last updated : 28/03/07
