CHILD NOT BRIDE: CRIMINALIZING CHILD

MARRIAGES IN THE PHILIPPINES

By
Acedera, Leira Mariel
Allada, Romulo Jr.
Francisco, Angemeir Chloe
Macapagal, Kaia Danelle
Mariano, Dean Allyson Fhey

A research proposal submitted

in partial fulfilment of the requirements in
Legal Research and Legal Writing

San Beda University Mendiola

College of Law

20 January 2020
 ABSTRACT

Prevailing literature on the effects of child marriages as well as the existing

Philippine laws and jurisprudence were examined to illustrate the current state of

child marriages in the Philippines. While global trends on child marriages point to

poverty as the main driver, in the Philippines, religion and tradition are at the

forefront of the problem. Despite having a law setting the minimum age for marriage,

the strict neutrality approach in the separation between Church and State in the

country has paved the way for child marriages under Sharia laws. Research on the

effects of child marriage showed that it negatively impacts a child’s economic,

sexual, psychosocial, and educational growth. These findings point to an immediate

and pressing threat to Filipino children. The authors believe that the compelling state

interest test should be applied in accommodating the right to religious freedom

conferred by the Constitution to every Filipino to enable lawmakers to enact stricter

laws banishing child marriages altogether in the protection of the best interests of

the child.

1
 TABLE OF CONTENTS
Abstract 1
Table of Contents 2
Introduction 3
Background of the Study
Research Problem
Objective and Limitations of the Study
Significance of the Study
Review of Related Literature 7
Defining Child Marriage
Factors Influencing Child Marriage
Effects of Child Marriage to Overall Health and Well-Being of a Child
Global Campaign to End Child Marriages
Philippine Laws and Adherence to International Standards
Conceptual Framework 14
Separation of Church and State
Human Rights and Cultural Variations
Methodology 21
Data Gathering
Limitations and Data Analysis
Findings of the Study 22
Conclusion 33
Recommendation 35
References 37

2
 INTRODUCTION

Background of the Study

Violence Against Women and Girls (VAWG) is considered as one of the most

systematic and widespread human rights violations. A notable manifestation of

VAWG is child, early, and forced marriages (CEFM). In developing countries such

as the Philippines, one out of four children are married before they reach the age of

majority (18 years old and below). Although the country already ratified several

international statutes that proscribe CEFM, and the local Family Code which sets

the minimum legal age of marriage at 18 is in effect, child marriages are still

prevalent in the country for such acts are protected under the Code of Muslim

Personal Laws (CMPL) and are considered legitimate by various indigenous cultural

communities.

The State, in Art. 15, Sec. 3 Par. 2 of the 1987 Constitution, grants children

with the right to assistance, including proper care and nutrition, and special

protection from all forms of neglect, abuse, cruelty, and other exploitation

prejudicial to their development. Thus, child marriage is a complete violation of the

Constitution and Family Code of the Philippines. According to Art. 2 of the Family

Code, “No marriage shall be valid, unless these essential requisites are present: (1)

legal capacity of the contracting parties who must be a male and a female; and (2)

consent freely given in the presence of the solemnizing officer.” Art. 5 also provides

that “any male or female of the age of eighteen years or upwards not under any of

the impediments mentioned in Articles 37 and 38, may contract marriage.”

In addition to that, it is also contrary to the provisions of Republic Act 7610

titled “An Act Providing for Stronger Deterrence and Special Protection Against

Child Abuse, Exploitation, And Discrimination, And For Other Purposes” which

3
specifically qualifies prohibited acts and outlines their respective penalties. Sec. 10

states that “(a) Any person who shall commit any other acts of child abuse, cruelty,

exploitation or to be responsible for other conditions prejudicial to the child's

development including those covered by Article 59 of Presidential Decree No. 603,

as amended, but not covered by the Revised Penal Code, as amended, shall suffer

the penalty of prision mayor in its minimum period”1.

Although the practice of child marriage is often linked to poverty and lack of

opportunities, it is also linked to traditional cultural and religious practices, as in the

case of the Philippines. Research shows that child marriage has substantial negative

impact on a child’s education, health, and psychological well-being2. According to

the 2008 National Health and Demographic Survey, in the Autonomous Region of

Muslim Mindanao (ARMM), where majority of inhabitants are Muslims, the

maternal mortality risk is twice as high as the national average. In addition to that, it

also puts young women at high risk for intimate partner violence (IPV) which, in

turn, is linked to adverse physical and mental health outcomes3. Non-consensual sex

and marital rape also have devastating mental consequences because they are at their

formative stage of psychological development. Moreover, child marriage also forces

the child to focus on household and marital duties ending their education forever.

Even when children try to resist marriage, they are still at risk of violence,

imprisonment, and in extreme cases, death in the hands of their families or husbands.

The Philippines, as a signatory to various international conventions, including

the Universal Declaration of Human Rights (1948), United Nations Convention on

1Sec. 10, RA 7610

2Nour, N. (2009). “Child Marriage: A Silent Health and Human Rights Issue”. Reviews in Obstetrics &
Gynecology 2(1), 56.
3Kidman, R. (2017). ‘’Child Marriage and Intimate Partner Violence: A Comparative Study of 34
countries.’’ International Journal of Epidemiology 46(2), 663.

4
the Rights of the Child (UNCRC) (1989), and Convention on the Elimination of All

Forms of Discrimination against Women (CEDAW) (1979), has manifested its

promise to end the practice of child marriage in the country and to protect the basic

rights of the child to health, education and security. A move towards the

criminalization of child marriage in the Philippines was initiated in 2018 by Bagong

Henerasyon Representative Bernadette Herrera Dy and Albay First District

Representative Edcel Lagman. House Bill No. 8440 seeks to end the facilization and

solemnization of child marriage by declaring it a “public crime” punishable by

imprisonment. Proponents argue that child marriages are “grave forms of child abuse

and exploitation which threaten and endanger the development of children

physically, emotionally, and psychologically”4. However, until this bill, or a similar

one prohibiting child marriage, has been approved as a law, the practice of child

marriage will continue to perpetuate in the country under the guise of religious

freedom.

Research Problem

The study problematizes the State’s countenance of child marriages within the

Muslim community in adherence to the State’s adoption of the principle of

benevolent neutrality in accommodating the right to religious freedom conferred by

the Constitution to every Filipino.

Objective and Limitations of the Study

4Cepeda, M. (2018). “House Bill Seeks to Criminalize Child Marriage in PH”. Rappler.com. Retrieved on:
16 August 2018. Retrieved from: https://www.rappler.com/nation/214034-house-bill-criminalize-child-
marriage-philippines

5
 The main objective of the study is to argue for the urgency and imperative of

enacting an all-encompassing legislation that would prohibit child marriages in the

Philippines. This will be achieved through referencing existing jurisprudence from

foreign courts, considering legal theories and principles conceived or analyzed by

legal scholars, and accounting merits of such prohibition to the general welfare and

well-being of children as evidenced by studies conducted by researchers and

academics.

The limitations of the study are mainly attributed to practical considerations

such as the time-boundedness of research and accessibility of materials. In terms of

data analysis, primary sources are limited to foreign jurisprudence and international

law given the absence of domestic jurisprudence that tackles the problematized legal

controversy.

Significance of the Study

The significance of the study is grounded on its potential to instigate a

discussion on the legal merits of extending the prohibition on child marriages to the

Muslim community. It provides a springboard for debates and further studies on the

topic that may serve as guides for legislators in drafting the much needed law.

6
 REVIEW OF RELATED LITERATURE

Defining Child Marriage

Child marriage is legal or customary union involving a boy or girl below the

age of 185. It is a harmful, discriminatory practice6 considered as a human rights

violation for it leads to a lifetime of suffering, affecting the psychosocial, physical,

and economic welfare of victims who are forced into such an arrangement.7 In

Parsons et al. it defined child marriage as “an impediment to social and economic

development...rooted in gender inequality. The study that child marriages affects

girls to a far greater extent than boys, and has been generally increasing around the

world. Although the term child marriage is not explicitly mentioned in the 1989

Convention on the Rights of the Child (CRC), Article 4 of the same contains text

requiring governments to abolish “traditional practices prejudicial to the health of

children” and urging them to protect children from “all forms of sexual exploitation

and sexual abuse”8.

Factors Influencing Child Marriage

A wide variety of scholarly literature has substantively discussed some of the

factors that contribute to child marriages. According to Demographic and Health

Surveys, an institution which provides much of the present country-level child

marriage data, child marriage is most prevalent in economically challenged

countries. The highest rates are in sub-Saharan Africa and South Asia, as well as

5Parsons, J., Edmeades, J., Kes, A., Petroni, S., Sexton, M., & Wodon, Q. (2015). “Economic Impacts of
Child Marriage: A Review of the Literature”. The Review of Faith & International Affairs 13(3), 12–22
6Arthur, M., Earle, A., Raub, A., Vincent, I., Atabay, E., Latz, I., Kranz, G., Nandi, A., and Heymann, J.
(2017). “Child Marriage Laws around the World: Minimum Marriage Age, Legal Exceptions, and Gender
Disparities”. Journal of Women, Politics & Policy 39(1), 71.
7Nour, N. (2009). “Child Marriage: A Silent Health and Human Rights Issue”. Reviews in Obstetrics and
Gynecology 2(1), 55.
8 Art. 4, 1989 Convention on the Rights of the Child

7
parts of Latin America and the Caribbean9. In all regions, the causes of child

marriages are complex, interrelated and interwoven with cultural and religious

traditions, as well as socioeconomic status10. Girls belonging to the impoverished

class of low-income countries have a higher propensity of being forced into child

marriages. The practice is also more prevalent among some faith traditions than

others, as well as in societies where girls and women are traditionally assigned a

lower status than men and boys within their household and community11.

Women and girls who are considered as second-class citizens in their own

countries are assumed neither as contributors to community life nor active

participants in economic development of their societies. As such, they are assigned

and limited to duties within the household that encompass the roles of caregiver,

wife, and mother. This attitude towards the female sex is closely linked to the

patriarchal structure of the family, likewise the influence of “traditional and tribal

norms and customs”12. As Scolaro pointed out, this type of social perception and

structure is particularly common in the Asia-Pacific region. This social perception

reinforces the assumption that marriage is the only way to ensure a girl’s future, and

hence, the earlier she is betrothed, the better.

Scolaro (2015) as well as Amin and Bajrachaya (2011) all discovered that

poverty is a major contributing factor underlying child marriages in the Asia-Pacific

region. Low-income families view female children as financial burdens and thus,

their early marriage is seen as a convenient solution for poverty alleviation. Marriage

9 International Center for Research on Women (ICRW). (2006). “Child Marriage and Poverty,” from Too
Young to Wed: Advocacy Toolkit: Education & Change Toward Ending Child Marriage. ICRW:
Washington, D.C.
10Scolaro, E., Blagojevic, A., Filion, B., Chandra-Mouli, V., Say, L., Svanemyr, J., and Temmerman, M.
(2015). “Child Marriage Legislation in the Asia-Pacific Region”. The Review of Faith & International
Affairs 13(3), 26.
11Id.
12Id.

8
arrangements are also seen as opportunities for settling familial debts or disputes,

and/or securing economic, social, or political alliances, even in higher income

families. Dowries, bride prices, and other customary requirements are also

considerations.

Contributory factors leading to child marriages are not limited to the ones

already mentioned in the preceding chapter. In a study conducted by the UNFPA in

2012, child marriages are often seen as a safeguard against premarital sex13. Parents

force their young daughters into marriage with the ultimate consideration of the

preservation of the girl’s virginity and her protection from any type of lascivious

behavior that is considered immoral or inappropriate before or outside of marriage.

Many sex-negative societies impose on the head of the family, commonly the father

or the eldest son, the duty of protecting women in their family from all forms of

sexual harassment and violence. As such, when young girls are married off, it is seen

that the father transfers the burden of preserving his daughter’s sexual dignity to her

husband.

More notable among these factors is the existing weak and often contradictory

legislation and lack of enforcement of existing laws concerning the abandonment of

child marriages in different countries. Recently, there has been a rise in the

criminalization of such practice within the regions mentioned prior. However, the

main hurdle remains to be the coexistence of multiple legal systems within countries

which are given equal footing in terms of regulating marriage. Many countries in the

Asia-Pacific region are characterized as having both statutory law and religious law

as controlling legislations for marriages.

13UnitedNations Population Fund (UNFPA) and Engender Health. (2003). Obstetric Fistula Needs
Assessment Report: Findings from Nine African Countries. UNFPA and Engender Health: New York, NY.

9
Effects of Child Marriages to the Overall Health and Well-Being of a Child

Countless literature have been produced by scholars and policy-makers alike

which hazards societies of the ills of child marriages. Parsons et al (2015)

enumerated five dimensions of a child’s life that are adversely affected when s/he is

forced into marriage at such a young age. These dimensions are participation and

decision-making, educational attainment, labor force participation, violence, and

health. Naveed and Butt (2015)14 identified poverty, illiteracy, and gender inequality

as the main factors that influence the phenomenon of child marriage, which then lead

to economic deprivation and physical, emotional, and sexual violence.

Ouattara, Purna, and Thomson (1998)15 expounded on how child marriages

infringe on the consent of girls, and young women. The authors opined that sexual

abuse is intrinsically linked to forced marriages by the very nature of the practice’s

outright erasure of agency, and its dismissal of the importance of consent. Domestic

violence, including but not limited to marital rape and a life of servility, characterizes

child marriages. Sexual abuse in the private sphere, described as “denying women’s

bodily integrity and control”16, carries with it severe dangers to the health of women,

especially girls. Sexual abuse leads to countless unwanted pregnancies and a range

of negative health implications.

There is a plethora of medical literature that show a strong association

between child marriage and early childbirth, partly because girls are forced to prove

14Naveed, S. and Butt, K.M. (2015). “Causes and Consequences of Child Marriages in South Asia:
Pakistan’s Perspective”. Journal of South Asian Studies 30(2), 161-175.
15Ouattara, M., Sen, P., & Thomson, M. (1998). “Forced Marriage, Forced Sex: The Perils of Childhood
for Girls”. Gender & Development, 6(3), 27–33
16Ouattara, M., Sen, P., & Thomson, M. (1998). “Forced Marriage, Forced Sex: The Perils of Childhood
for Girls”. Gender & Development, 6(3), 27–33.

10
their fertility to their husbands soon after marrying; mostly because they are deprived

of the opportunity to influence decision making on family planning.17 Women who

bear children at a young age may face serious health consequences such as maternal

mortality, obstructed labor, and pregnancy-induced hypertension because their

bodies are unprepared for childbirth18. Risk of suffering from obstetric fistula–– a

condition in which the vagina, bladder and/or rectum tear during childbirth and, if

left untreated, causes lifelong leakage of urine and feces––is also high among girls

who have babies19. The practice of child marriage also exposes young girls to a

greater risk of HIV infection because they have little option to change their sexual

behavior even with knowledge about HIV20 particularly because of non-access to

quality health care21.

Aside from the medical dangers that child brides and wives are exposed to,

socioeconomic vulnerabilities of the child are also important consequences to

consider. Mikhail (2010)22 posited how child marriages and child prostitution

operate in the same manner. Both practices involve economic transactions, lack of

freedom, and the violation of a child’s right to consent. Mahato (2016)23 stated that

child marriages affect the education of a child and increases his/her risk of

depression.

17Mathur, S., M. Greene, and A. Malhotra. (2003). Too Young to Wed: The Lives, Rights and Health of
Young Married Girls. International Center for Research on Women (ICRW): Washington, D.C.
18 Save the Children. (2004). State of the World’s Mothers 2004. Save the Children: Westport, CT.
19 United Nations Population Fund (UNFPA) and EngenderHealth. (2003). Obstetric Fistula Needs
Assessment Report: Findings from Nine African Countries. UNFPA and EngenderHealth: New York, NY
20 Clark, S. (2004). “Early Marriage and HIV Risk in Sub-Saharan Africa.” Studies in Family Planning
35(3), 149-160.
21 Mathur, S., M. Greene, and A. Malhotra. (2003). Too Young to Wed: The Lives, Rights and Health of
Young Married Girls. International Center for Research on Women (ICRW): Washington, D.C.
22 Mikhail, S.L. (2002). “Child Marriage and Child Prostitution: Two Forms of Sexual Exploitation”. Gender
and Development 10(1), 43-49.
23 Mahato, S. (2016). “Causes and Consequences of Child Marriage: A Perspective”. International Journal
of Scientific & Engineering Research 7(7), 698-702.

11
 Child marriages affect the holistic well-being of its victims. This archaic

practice imposes unto a child responsibilities that s/he is too young to fulfill, and

commitments s/he is incapable of consigning to. As such, the adverse effects of child

marriage chain a child to a life of suffering and disenfranchisement.

Global Campaign to End Child Marriages

Criminalizing child marriages has been gaining traction in different countries

throughout the world because of the rising trend in adopting universally established

principles that uphold human dignity. Arthur et al. (2017) analyzed the national

legislation of 193 United Nation (UN) Member States regarding minimum marriage

age and gender disparities in child marriages. Its findings indicate a significant

increase in the frequency of countries with legal provisions against child marriages,

with only about a fifth permitting children below 18 to be married based on

customary or religious exceptions to civil law provisions. Despite this improvement,

there remains to be huge gaps in terms of gender discrimination and legal exceptions

which leave children at risk. It provides statistical evidence that girls are more likely

to be forced into marriage than boys and that such disparity greatly influences

women’s discrimination and impedes their full participation in education, the

economy, politics, and policymaking. Scolaro et al (2015) provided a five-level

analysis of the legal systems of 37 Asia-Pacific countries. The five-level analysis

looked into (1) relevant international treaties; (2) constitutional provisions; (3)

statutory law; (4) customary/religious/ traditional/tribal frameworks; and (5)

provisions and sanctions. Its findings showed that while the majority of the countries

are signatories to the United Nations Convention on the Rights of the Child (1989)

and other relevant treaties, only four (4) have set their legal marrying age to above

12
eighteen (18) without exceptions. It revealed the strong influence of religious, tribal,

and patriarchal norms and practices in the Asia-Pacific region and the resulting

difficulty in harmonizing them with statutory laws compliant with international set

standards for the protection of the rights of the child with.

Philippine Laws and Its Adherence to International Law

In the Philippines, only persons who have reached the age of majority (18

years old) are allowed to marry (Family Code); and even then, if they are to marry

before the age of 21, it is a legal imperative to obtain parental consent. Our Family

Code’s prohibition on child marriages is in adherence with the call of the UNCRC

(United Nations Convention on the Rights of the Child). However, it is important to

note that the Philippine government also recognizes The Code of Muslim Personal

Laws (Presidential Decree No. 1083) which allows minors––15 years old for boys,

and 12 years old for girls––to marry. Although there have been attempts in the past

to impose a blanket policy that absolutely prohibits marrying off children, these

undertakings sadly did not come into fruition.

13
 CONCEPTUAL FRAMEWORK

Separation of Church and State

The separation of church and/or of religious beliefs from the affairs of the

state (nation) is an issue whose relative importance in any society cannot be

overemphasized. This stems from the impact of having state affairs directly

influenced by religious beliefs and practices in the case of the fusion of the state and

religion. Better still, the separation of the state from the clutches of religious beliefs

has the propensity to significantly affect way of life as well as the rate of

development in a society. For this reason, scholars of the law have consistently

advised governments to establish clear boundaries between the Church and the State.

Thomas Jefferson, one of America’s founding fathers, introduced the phrase “wall

of separation between Church and State” as an interpretive metaphor for the

Establishment Clause of the First Amendment24. Justice Hugo L. Black, the foremost

jurisprudential interpreter of the metaphor in the Supreme Court’s contemporary

period, is arguably responsible for the public’s familiarity with the “wall” doctrine.

Justice Black’s constitutional interpretation of the said doctrine is founded on the

“twin jurisprudential principles of literalism and absolutism”25. Conceptually, the

term refers to the creation of a secular state (with or without legally explicit church–

state separation) and to disestablishment, the changing of an existing, formal

relationship between the church and the state.

In Philippine jurisprudence, the separation of Church and State is expounded

by the Court in the landmark case of Escritor vs Estrada.26 The following excerpts

24 Hamburger, P. (2004). Separation of Church and State. Cambridge, MA: Harvard University Press.
25 Perry, B. (1989). “Justice Hugo Black and the “Wall of Separation Between Church and State”. Journal
of Church and State 31(1), 55–72.
26Estrada v. Escritor, A.M. No. P-02-1651, August 4, 2003; June 22, 2006.

14
are directly lifted from the same case in the discussion of religious clauses in the US

context:

a. Strict Separation and Strict Neutrality/Separation

The Strict Separationist believes that the Establishment Clause was

meant to protect the State from the Church, and the State’s hostility towards

religion allows no interaction between the two. According to this Jeffersonian

view, an absolute barrier to formal interdependence of religion and state needs

to be erected. Religious institutions could not receive aid, whether direct or

indirect, from the state. Nor could the state adjust its secular programs to

alleviate burdens the programs placed on believers. Only the complete

separation of religion from politics would eliminate the formal influence of

religious institutions and provide for a free choice among political views, thus

a strict "wall of separation" is necessary. Strict separation faces difficulties,

however, as it is deeply embedded in American history and contemporary

practice that enormous amounts of aid, both direct and indirect, flow to

religion from government in return for huge amounts of mostly indirect aid

from religion.27

The tamer version of the strict separationist view, the strict neutrality

or separationist view, (or, the governmental neutrality theory) finds basis in

Everson v. Board of Education, where the Court declared that Jefferson’s

"wall of separation" encapsulated the meaning of the First Amendment.

However, unlike the strict separationists, the strict neutrality view believes

that the "wall of separation" does not require the state to be their adversary.

27 Estrada v. Escritor, A.M. No. P-02-1651, August 4, 2003; June 22, 2006.

15
 Rather, the state must be neutral in its relations with groups of religious

believers and non-believers. "State power is no more to be used so as to

handicap religions than it is to favor them." The strict neutrality approach is

not hostile to religion, but it is strict in holding that religion may not be used

as a basis for classification for purposes of governmental action, whether the

action confers rights or privileges or imposes duties or obligations. Only

secular criteria may be the basis of government action. It does not permit,

much less require, accommodation of secular programs to religious belief.

The problem with the strict neutrality approach, however, is if applied

in interpreting the Establishment Clause, it could lead to a de facto voiding of

religious expression in the Free Exercise Clause. As pointed out by Justice

Goldberg in his concurring opinion in Abington School District v. Schempp,

strict neutrality could lead to "a brooding and pervasive devotion to the secular

and a passive, or even active, hostility to the religious" which is prohibited by

the Constitution.28 Thus, the dilemma of the separationist approach, whether

in the form of strict separation or strict neutrality, is that while the Jeffersonian

wall of separation "captures the spirit of the American ideal of church-state

separation," in real life, Church and State are not and cannot be totally

separate. This is all the more true in contemporary times when both the

government and religion are growing and expanding their spheres of

involvement and activity, resulting in the intersection of government and

religion at many points.

b. Benevolent Neutrality/Accommodation

28 Estrada v. Escritor, A.M. No. P-02-1651, August 4, 2003; June 22, 2006.

16
 The theory of benevolent neutrality or accommodation is premised on

a different view of the "wall of separation," associated with Williams, founder

of the Rhode Island colony. Unlike the Jeffersonian wall that is meant to

protect the state from the church, the wall is meant to protect the church from

the state.

The First Amendment, however, does not say that in every and all

respects there shall be a separation of Church and State. Rather, it studiously

defines the manner, the specific ways, in which there shall be no concert or

union or dependency one or the other. That is the common sense of the matter.

Otherwise, the state and religion would be aliens to each other - hostile,

suspicious, and even unfriendly.

The Philippines adheres to the benevolent neutrality approach in

accommodation of individual freedom of religion. However, the compelling state

interest test also expounded on Estrada vs Escritor provides for a way where State

interest may prevail over religious freedom, to wit:

If the plaintiff can show that a law or government practice inhibits the free

exercise of his religious beliefs, the burden shifts to the government to

demonstrate that the law or practice is necessary to the accomplishment of

some important (or ‘compelling’) secular objective and that it is the least

restrictive means of achieving that objective. If the plaintiff meets this burden

and the government does not, the plaintiff is entitled to exemption from the

law or practice at issue. In order to be protected, the claimant’s beliefs must

be ‘sincere’, but they need not necessarily be consistent, coherent, clearly

articulated, or congruent with those of the claimant’s religious denomination.

17
 ‘Only beliefs rooted in religion are protected by the Free Exercise Clause’;

secular beliefs, however sincere and conscientious, do not suffice.

Human Rights and Cultural Variations

As previously mentioned, the prevalence of child marriages is associated with

the premium placed on upholding customs, traditions, and even religious practices

observed by different societies. Its continued existence and pervasiveness in our

country is due to PD No. 1083 which basically exempted Filipino Muslims from

adhering to the laws under the Family Code, specifically provisions regulating

marriage. Outlawing child marriages in the Philippines will definitely mean either

an amendment to the Code of Muslim Personal Laws or a composition of an entirely

new legislation that would find the balance between upholding the separation of

Church and State, and the right to religious expression. It is therefore important to

investigate, explore, and review not only existing literature that expounds on the

practice of child marriage, but also present laws that criminalized child marriages;

especially in countries that are of similar characteristic to that of our own society.

Hasan’s (2013) article29 correlates Islamic as a religion and child marriages

per se. It says that Quran does not contain specific legal age of marriage, but it does

make clear that men and women must be both physically mature and of sound

judgement in order to get married. It is also an apt reminder why most Muslim-

majority countries have minimum age for marriage codified in law: to deter adults

from exploiting children and to protect the most innocent members of our society.30

Hasan, M. (2013). “British Muslims Should Stand Up and Say It: There is Nothing Islamic About Child
29
Marriage.'' New Statesman 142(5185), 40.
30Kamal,S. M.M., Hassan, C.H., Alam, G.M., and Ying, Y. (2015) “Child Marriage in Bangladesh: Trends
And Determinants.” Journal of Biosocial Science 47(1), 120–39.

18
 Toyo (2006)31 takes the Minimum Age of Marriage clause of the Nigerian

Child Rights Act of 2003 as an entry point through which to analyze the politics of

women's rights in Nigeria. It reviews the introduction of this legislation, the reaction

of different stakeholders to it and the ways in which different women's groups and

programs have engaged with the emerging controversy over the age of marriage.

Ultimately the lesson that emerges from this case is that, for international human

rights treaties to make a difference for vulnerable groups such as children, they have

to go beyond being evoked and advocated by groups to become tools for political

action, which also means the creation of mechanisms that challenge powerful agents

in society and compel accountability.

Marriages in which a child under the age of 18 years is involved occur

worldwide, but are mainly seen in South Asia, Africa, and Latin America. A human

rights violation, child marriage directly impacts girls’ education, health, psychologic

well-being, and the health of their offspring. It increases the risk for depression,

sexually transmitted infections, cervical cancer, malaria, obstetric fistulas, and

maternal mortality. Their offspring are at an increased risk for premature birth and,

subsequently, neonatal or infant death. The tradition, driven by poverty, is

perpetuated to ensure girls’ financial futures and to reinforce social ties. One of the

most effective methods of reducing child marriage and its health consequences is

mandating that girls stay in school.32

Media attention raises awareness of the issue and can prompt change. Nour’s

study is relevant to serve as an example to other countries to eliminate child

Toyo, N. (2006). “Revisiting Equality as a Right: The Minimum Age of Marriage Clause in the Nigerian
31
Child Rights Act 2003”. Third World Quarterly 27(7), 1299-1312.
32Nour,
N. (2009). “Child Marriage: A Silent Health and Human Rights Issue”. Reviews in Obstetrics and
Gynecology 2(1), 55.

19
marriages due to the harmful effects it imposes upon the child. This report is vital as

it calls decision makers, parents, communities and to the world to end child marriage.

The documents are presented in a current scope, prevalence and inequities associated

with child marriage.

20
 METHODOLOGY

Data Gathering

Both primary and secondary sources are used in this study. Most of the

primary sources are foreign jurisprudence and are obtained through credible

websites (e.g. legal journal websites, government websites, etc) from the internet.

Local primary sources are limited to the Civil Code as well as the Code of Muslim

Personal Laws. For secondary sources, legal articles as well as medical and social

science journals are used. These are procured from online journals, electronic copies,

as well as physical copies available in the College of Law library of San Beda

University.

Limitations and Data Analysis

The researchers of this paper chose to employ a non-doctrinal qualitative legal

research or the “problem, policy, law reform” based research methodology in

conducting this study. This type of methodology is deemed by the researchers to be

the most appropriate method to be utilized in order to achieve the objective of the

study for it provides the necessary guidelines and tools in determining an existing

law, allowing for an assessment of a problem inherent to the law, and evaluating

such policy which may lead to its reform.

21
 FINDINGS OF THE STUDY

Influences Affecting Child Marriage

The Impact of Education

Education played an important role when it comes to the limiting of child

marriages in the countries which are still practicing it. In a research regarding the

child marriages in Bangladesh, it shows that the association between education and

age at first marriage has a long history in the field of demography. A number of

studies have shown a significant negative relationship between education and

fertility. Like the studies on women in Kenya and Nepal have shown that each

additional level of education beyond primary school level lowers the probability of

early marriage significantly. Consistent with these earlier studies, this current study

reveals that the higher the post-primary education among women, the lower the

probability of child marriage.

Moreover, the higher the level of education among husbands, the lower the

likelihood of child marriage among their wives. The effect of husband’s education

on child marriage was somewhat weaker than that of women. It is likely that a

woman with higher education will spend a longer period in schooling. Additionally,

women with higher education attainment would usually have higher occupational

aspiration and would want to have jobs suitable for them rather than getting married

earlier. The completion of education is an important step in the normative and

economic conception of the transition to adulthood, and, in this way, becomes a

socially significant precondition for entering into marriage. Higher educated women

are expected to gain more control over household resources and personal behavior

so that they can achieve better bargaining power in deciding the timing of their

marriage as well as the selection of grooms. Hence, due to prolonged schooling and

22
desire for career development, higher educated women are more likely to marry later

than their lower educated counterparts. Although higher education of both females

and males seems to play a protective role in child marriage, it is not the higher

education itself, but the environment and other external elements developed through

education that reduce the chances of child marriage.33

Cultural and Religious Influence on Marriage

Poverty is not the only contributor to child marriage, and the traditions, culture

and social settings of Bangladesh are also powerful drivers. For many, marriage is

not just a civil union between a man and a woman but it also relates to the cultural

and religious union between a man and a woman. One of the reasons why child

marriages is still prevalent is because some religious beliefs condone the idea of

child marriage. Just like in Bangladesh, they allow the wedding of a younger child

to an older man. Caldwell et al. (1983) reported that parents are unwilling to

postpone marriage beyond the teenage years because of the increased cost of dowries

for older brides. UNICEF’s 2002 study in Bangladesh in 2002 found the same 20

years after the study of Caldwell et al. (UNICEF, 2002). Adherents of reproductive

rights believe that laws specifying a minimum age at marriage are rarely enforced;

rather, customary practice takes precedence over civil law.

Arguments for Child Marriage

In today’s era, many countries all over the world still practice the culture of

child marriage. Child marriages seems inevitable for many countries which tradition

33Kamal,S. M.M., Hassan, C.H., Alam, G.M., and Ying, Y. (2015) “Child Marriage In Bangladesh: Trends
And Determinants.” Journal of Biosocial Science 47(1), 120–39.

23
of marriage is rooted from different cultural platforms and cultural standards.

However, we can trace the origin of child marriage practices in most of the countries

who practices conservative, religious communities and those who are located in the

poor and rural areas. But it can be found in all socio-economic strata and in secular,

as well as pious, families. According to The Economist, more than 207,000

American minors were married between 2000 and 2015. Frontline, a television

program in the United States of America found that over two-thirds of the women

population were 17 years old, but 985 were 14, and ten were just 12. It came up with

the conclusion that twenty-seven states have no minimum age for marriage.

According to the United Nations Children's Fund’s report on the State of the

World’s Children in the year 2017 the following countries still practice a strong

culture of child marriages: Niger, Central African Republic, Chad, Bangladesh,

Mali, South Sudam, Burkina Faso Guinea, Mozambique, and India.

Cultural Norm of having a lot of children and lack of interest on ‘’Family

Planning’’.

In the country of Niger, they suffer the problem of population control. In fact,

it became the world’s fastest growing population. Though they had access with the

contraceptives in the year 2000, still the demographic records shows that only

around 5% of the women population uses contraceptives. Since Niger is a patriarchal

society, many women do not have the autonomy or freedom to manage childbearing.

The country has not ratified the Maputo Protocol outlawing early marriage, the

median age of marriage among women is 15.5 and the median age at first birth is

17.9. Niger is one of the few countries in the world with little or no overall unmet

need for family planning, not because of access to contraceptive methods, but

24
because of a strong pronatalist culture in which the desired family size is higher than

the actual family size. In 2006, married women and men reported wanting an average

of 8.8 and 12.6 children, respectively. More than one-quarter of women older than

40 have 10 or more children. Only one in 100 women want to have at most two

children.34

Researchers saw that the aid for the growing child marriages is that to increase

the age of marriage. The early age of sexual debut of women in Niger is a key factor

influencing the country's high total fertility rate. The mean age of marriage is

younger than 14 in some areas, and the high ratio of young women to older men in

the population enables affluent older men to engage in polygynous marriages with

teenage women. Increasing the age of childbearing by five years in a country such

as Niger would reduce future population growth by 15-20%.

Child marriage is at time by force and at time by choice. It has shown that a

young mind is easier to adaptability and sustenance. As the mind grows old, it tends

to become more habituated to firmness in the decision making process, thus leaving

far less possibilities for the couples to compromise on situations; (2) For women, an

early marriage is safer in terms of pregnancy. According to health care practitioners,

25 is the ideal age for pregnancy in women.

On the other hand, late marriage sets the biological clock ticking and leaves

more scope for ectopic pregnancies and miscarriages. protects the health of women

while getting birth from a woman whose age is under 18-30 then their uterus side

present a bone, which is pubic symphysis that gets separated very easily and while

a baby is taking birth then the pubic symphysis bone started going to its original

34Kamal,S. M.M., Hassan, C.H., Alam, G.M., and Ying, Y. (2015) “Child Marriage In Bangladesh: Trends
And Determinants.” Journal of Biosocial Science 47(1), 120–39.

25
position after the birth even after some weeks it comes its proper position.; (3) Early

marriage gives more time for couples to pursue their career comfortably and plan a

child soon after.

Late marriages often come with this conflict whether their spouses should give

more importance to their already established career or plan a family; and (4) Also,

being committed to a partner early in life and deciding to marry is the biggest

advantage in early marriages because you get to choose your partner freely and

decide whom to spend the rest of your life with at your own pace.

Strategies for postponing the age of marriage are limited, but there is an

increasing consensus that much more investment needs to be made in young women:

Delaying marriage and childbearing increases the time between generations and

slows population growth, young women's education enhances their autonomy and

their power to manage childbearing, and it benefits the next generation as educated

mothers invest in their children. Experimental mechanisms are being explored for

creating physically and psychologically "safe spaces" where young women can learn

about their bodies and ways of limiting family size. Pilot projects in Hausa

communities in Northern Nigeria have found that small cash payments can give

parents an incentive to keep their daughters in schools.

Patriarchal Society

One important impetus for marrying girls at an early age in traditional

societies is that it helps to prevent premarital sex. Many societies, like Bangladesh,

prize virginity before marriage; and this can manifest itself in a number of practices

designed to ‘protect’ a girl from unsanctioned sexual activities. Consequently,

parents, guardians and society impose a large number of restrictions upon girls. They

26
may, for example, be secluded from social interaction outside of family. In extreme

family and social poverty, a young girl may be regarded as an economic burden.

Marriage of a teenage girl to an older, or even elderly, man is a common practice in

some Middle Eastern and South Asian societies as a family survival strategy. Like

other developing countries, Bangladesh has a long heritage of early marriage,

particularly for girls. Bangladesh is not only the champion of child marriage within

southern Asia but also in the world. According to recent statistics on child marriage

in southern Asia, the prevalence of child marriage in Bangladesh is highest at 71%,

followed by Nepal (62%), India (59%) and Pakistan (50%).35

Arguments Against Child Marriage

The arguments for the proposed legislation revolve around three main

principles. First, consent is an essential requirement in contracting a marriage. Since

children are presumed to have not developed proper discernment and sufficient

intelligence for the law to grant them full legal capacity, it logically implies that they

cannot enter into a binding legal contract such as marriage. Second, countless studies

have shown the disadvantages and harms of child marriages to the physical health,

psyche, and economic well-being to the children who are forced by their parents to

contract marriage. The State has the duty to actively protect its citizens, especially

children who are considered to be the future of the country, from all types of threats

to their well-being. Lastly, freedom of religion nor customs and traditions cannot be

used as excuses nor justifying tools to legitimize an arrangement that produces a

lasting harm to an individual.

35Kamal, S.
M.M., Hassan, C.H., Alam, G.M., and Ying, Y. (2015) “Child Marriage In Bangladesh: Trends
And Determinants.” Journal of Biosocial Science 47(1), 128.

27
 Adolescence, between the ages of 10 to 24 years old, is normally viewed as a

time when young people focus on education, learn skills that will be later on used in

adulthood, and, perhaps, enter their first jobs and into romantic relationships. But,

for a large number of adolescents, especially those living in the poorest countries

settle for early marriages that marked the end of their youth and any possibility of

future personal growth and development. This kind of practice tends to continue in

areas that are remote and rural, underdeveloped, and poor. Child brides are at a

distinct disadvantage and the impact of early marriage on their lives is far-reaching36.

Increased Risk of Sexually Transmitted Infection and Cervical Cancer

A married girl is usually expected to bear a child immediately after the

marriage which poses a significant health risk to both the married girl and her baby.

Studies conducted in sub-Saharan Africa suggest that girls who marry early have

increased risk of HIV infection, even compared to unmarried girls that are sexually

active. The cause of such high infection is related to frequent intercourse, limited

use of condoms, and husbands who are more experienced because they are

significantly older and is more likely to be HIV-positive37. Similarly, numerous

studies conducted in Africa, Kenya, Zambia, and Uganda, all show that girls were

being infected by their husbands. A hypothesis relevant to this finding is that a girl

at her early age may be physiologically more prone to HIV infection because her

vagina is not yet well lined with protective cells and her cervix may be more easily

eroded. Risk for HIV transmission is also increased because hymenal, vaginal, or

36Erulkar, A. (2013). “Early Marriage, Marital Relations and Intimate Partner Violence in Ethiopia”.
International Perspective on Sexual Reproductive Health 39, 6–13.
37Clark, S. (2004). “Early Marriage and HIV Risk in Sub-Saharan Africa.” Studies in Family Planning
35(3), 149-160.

28
cervical lacerations rise the transmission rate, and many of these young girls lost

their virginity to HIV-positive husbands. In Kenya and Zambia, married girls are

under intense pressure to prove their fertility. Therefore, they have more unprotected

intercourse than any other unmarried girls. Also, sexually transmissible diseases

(STDs) such as herpes simplex virus type 2 infection, gonorrhea, or chlamydia

enhance the young girl’s vulnerability to HIV38.

One ultimate difficulty with child marriage is that the married girls are

financially dependent on their husbands. Parents often push their daughters to marry

at a young age in order to receive a bride wealth, a behavior linked to poverty39.

They cannot refuse or leave because they cannot repay their high dowry. Also,

returning to their parents’ home is not an option because divorce is considered

unacceptable and abandoning their husbands may have grave consequences on the

social or tribal ties that were established during the marriage.

Research demonstrates that child marriages also increases the risk of cervical

cancer. Cervical cancer ranks as the 12th most frequent cancer among women in

Iraq, and the 10th most frequent cancer among women between 15 and 44 years of

age40. The result of a study in Iraq proved that early marriage and polygamy play an

important role in developing cervical cancer. It revealed that girls who marry at an

early age are not yet mature physically. Moreover, the first year of marriage

increases the girl’s exposure to Cervical Cancer41.

38Fleming, D.T., and Wasserheit, J.N. (1999). “From Epidemiological Synergy to Public Health Policy and
Practice: The Contribution of Other Sexually Transmitted Diseases to Sexual Transmission of HIV
Infection”. Sexually Transmitted Infections 75, 9.
39Fleming, D.T., and Wasserheit, J.N. (1999). “From Epidemiological Synergy to Public Health Policy and
Practice: The Contribution of Other Sexually Transmitted Diseases to Sexual Transmission of HIV
Infection”. Sexually Transmitted Infections 75, 9.
40Al-Alwan, N.A. (2001). “Colposcopy, Cervical Cytology and Human Papilloma Virus Detection as
Screening Tools for Cervical Cancer”. East Mediterranean Health 7, 100-105.
41Id.

29
Victims of Violence at the Hands of their Partners

Men who marry young girls may hold traditional masculine ideologies, and

because of this be more likely to abuse their wives42. By the time these young girls

marry, they may have internalized dangerous beliefs. For one, they are more likely

to believe that husbands can be justified in beating their wives. Therefore, they

submit themselves to their husbands43.

Child marriages are typically arranged by the young girl’s family, and young

girls have no voice into the decision of their parents. Most of these girls had never

met their husbands before their wedding day. Studies show that this lack of

familiarity before marriage can lead to greater marital conflict and increases the risk

of violence44.

Another reason that young girls who marry at an early age is more likely to

experience violence is that they are socially vulnerable. This means that they are

uneducated, poor, and young. The young girl’s family see that marriage is a pathway

to greater economic security, especially when education is expensive45. In child

marriages, the husbands are older, educated, and have higher social status, such

power dynamics can increase the likelihood of abuse.

Risks During Pregnancy and Labor

42Id.
43Santhya, K., Ram, U., Acharya, R., Jejeebhoy, S.J., Ram, F., and Singh, A. (2010). “Associations Between
Early Marriage and Young Women’s Marital and Reproductive Health Outcomes: Evidence From India”.
International Perspective on Sexual Reproductive Health 36, 134.
44 Erulkar, A. (2013). “Adolescence Lost: The Realities of Child Marriage”. Journal of Adolescent Health
52, 513-514.
45 Bicchieri, C., Jiang, T., and Lindemans, J.W. (2014). A Social Norms Perspective on Child Marriage:
The General Framework. UNICEF.

30
 Pregnancy for young girls may be challenging because it suppresses the

immune system. Pregnant girls are at increased risk of acquiring diseases like

malaria. Of the 10.5 million girls and women who become infected with malaria,

50% die. Their highest risk is during their first pregnancy.46

On the other hand, deliveries from child marriages are “too soon, too close,

too many, or too late.” Girls aged 10 to 15 years old have still small pelvises and are

not ready for child-bearing. This makes it difficult for the young girl to deliver her

child. Complications like obstetric fistula is high. Obstructed labor is the result of a

young girl’s pelvis being too small to deliver a fetus. The fetus’ head passes into the

young girl’s vagina, however its shoulders cannot fit through the young girl’s pelvic

bones. This exposes the young girl and her child at danger.47

Effects on Offspring

Aside from the possible complications in the young girl’s pregnancy and

labor, there may also be some effects on the offspring. Their offspring are at a high

risk of acquiring HIV at delivery and during breastfeeding. Young girls who had

malaria are at increased risk for premature delivery, anemia, and death. The infant

mortality rate is higher when the mother is below the age of 18 years old. This

morbidity and mortality is due to the young girl’s poor nutrition, physical and

emotional immaturity, and lack of access to social and reproductive services, and

higher risk for infectious diseases48.

46World Health Organization. (2009). Malaria and HIV Interactions and Their Implications for Public
Health Policy
47Nour, N. (2006). “Emerging Infectious Diseases”. Center for Disease Control and Prevention 12(11).
48 Id.

31
32
 CONCLUSION

Violence Against Women and Children (VAWC) comes in many forms,

prevalent of which is child early forced marriages (CEFM). Child marriage the is

legal or customary union involving a boy or girl below the age of 18.49 It is a harmful,

discriminatory practice considered as a human rights violation for it leads to a

lifetime of suffering, affecting the psychosocial, physical, and economic welfare of

victims who are forced into such an arrangement. Vast literature on this subject

shows that child early forced marriages puts the child at increased risk of intimate

partner violence, sexually transmitted infections and cervical cancer, and labor-

related complications. Worse, it also puts their offspring at risk. High infant

mortality and morbidity has been exhibited by offspring of child mothers due to the

young girl’s poor nutrition, physical and emotional immaturity, and lack of access

to social and reproductive services, and higher risk for infectious diseases.50

For most third world countries, poverty is the main driver of child marriage,

the case is different for the Philippines. Philippine laws and jurisprudence are not

completely bereft of legal safeguards to combat the problem of child marriages. The

1987 Constitution has a provision which grants children the right to assistance,

including proper care and nutrition, and special protection from all forms of neglect,

abuse, cruelty, and other exploitation prejudicial to their development (Sec. 3(2),

Art. XV). The Family Code of the Philippines also explicitly limits marriage among

those who are aged eighteen and above (Art.5) and who can give consent freely (Art.

2). Furthermore, Republic Act 7610 qualifies prohibited acts which constitute child

49Parsons,J., Edmeades, J., Kes, A., Petroni, S., Sexton, M., & Wodon, Q. (2015). “Economic Impacts of
Child Marriage: A Review of the Literature”. The Review of Faith & International Affairs 13(3), 22.
50Nour, N. (2009). “Child Marriage: A Silent Health and Human Rights Issue”. Reviews in Obstetrics and
Gynecology 2(1).

33
abuse, cruelty, exploitation or to be responsible for other conditions prejudicial to

the child's development and outlines their respective penalties.

Despite these legal safeguards, child marriage exists in the Philippines due to

religion and tradition. Following a benevolent neutrality approach in

accommodating for religious expression, provisions of the Family Code and

Republic Act No. 7610 are toothless against religious customs which allows for child

marriage especially in Muslim tradition. The problem therein lies in enacting stricter

laws without essentially trampling on the separation of Church and State. Estrada v

Escritor has provided for the compelling state interest test to determine when the

State interest can prevail over religion.

Following this test, the State can intervene if it can prove that such religious

practices are against the secular objective of protecting the best interests of the child.

The evidence of the detrimental effects of child marriage should be enough to prove

such. The State has the duty to actively protect its citizens, especially children who

are considered to be the future of the country, from all types of threats to their well-

being. Freedom of religion nor customs and traditions cannot be used as excuses nor

justifying tools to legitimize an arrangement that produces a lasting harm to an

individual.

34
 RECOMMENDATIONS

After presenting the conclusion that the researchers were able to construct

through the data-gathering they performed, the researchers now formulated set of

recommendations to the readers of the study. Incidentally, these prescriptions that

will be given should be able to aid the study become a better one. Also, these

recommendations may also help the readers find a good use to this study.

The researchers would like to recommend, that (1) further studies be

performed in these issue areas. Admittedly, the researchers have constraints that they

have to face in the course of the study. Among these, data availability constraints

have been the most problematic for the researchers. The researchers recommended

that further studies should be done in this area. The researchers also recommend that

this study should be given a chance to be applied in other studies that would be done

in the future. The study would aid them by serving as foundation in their studies. In

relation to this, the study, as also said in the significance of the study, can also serve

as policy foundations. Apparently, due to the stand of this research study, future

policy-makers can use the study to strengthen the policies that they would make,

especially in the elimination of the practice of child marriages.

Second, (2) the researchers recommend that effective legal measures be

applied to initially incorporate laws that will effectively eliminate child marriages in

the Philippines. One good example is The Prohibition of Child Marriage Act, 2006

implemented in India. However, efforts and initiatives must not stop there. The laws

should be applied strictly. While the laws exist, they are not strict enough. There

should be a powerful law against child marriage. Thus, most importantly, the

researchers recommend that (3) there must be a fundamental reshaping of the

mindset of the people when it comes to child marriages. Awareness campaigns

35
should be made about the issue. More people need to know about the problem and

attempt to take action. The rural inhabitants need to be educated more about the

consequences that child marriage can cause, and about the harm, it can do to their

children.

Child marriages, while valid in some countries, does not mean that it should

be valid in the Philippines. From the findings of the researchers, it results to

exploitation which threaten and endanger the development of children physically,

emotionally, and psychologically. Future research efforts should prioritize

establishing well-founded transformative education and economic strengthening

interventions, including cost-effectiveness considerations to better analyze the

necessary actions and policies needed to be implemented to end child marriages in

the Philippines and globally.

36
 REFERENCES

Al-Alwan, N.A. (2001). “Colposcopy, Cervical Cytology and Human Papilloma

Virus Detection as Screening Tools for Cervical Cancer”. East

Mediterranean Health 7, 100-105.

Arthur, M., Earle, A., Raub, A., Vincent, I., Atabay, E., Latz, I., Kranz, G., Nandi,

A., and Heymann, J. (2017). “Child Marriage Laws around the World:

Minimum Marriage Age, Legal Exceptions, and Gender Disparities”.

Journal of Women, Politics & Policy 39(1), 51-74.

Bhanji, S.M., and Punjani, N.S. (2014). “Determinants of Child (Early) Marriages

among Young Girls: A Public Health Issue”.Journal of Women’s Health

Care 3(3), 1-3.

Bicchieri, C., Jiang, T., and Lindemans, J.W. (2014). A Social Norms Perspective

on Child Marriage: The General Framework. UNICEF.

Caputo, V. (2018). ‘Too young to wed’: Envisioning a ‘generous encounter’ between

feminism and the politics of childhood. In Rosen, R., and K. Twamley (eds)

Feminism and the Politics of Childhood: Friends or Foes?, 201-217. UCL

Press.

Cepeda, M. (2018). “House Bill Seeks to Criminalize Child Marriage in PH”.

Rappler.com. Retrieved on: 16 August 2018. Retrieved from:

https://www.rappler.com/nation/214034-house-bill-criminalize-child-

marriage-philippines

Clark, S. (2004). “Early Marriage and HIV Risk in Sub-Saharan Africa.” Studies in

Family Planning 35(3), 149-160.

37
Erulkar, A. (2013). “Adolescence Lost: The Realities of Child Marriage”. Journal

of Adolescent Health 52, 513-514.

Erulkar, A. (2013). “Early Marriage, Marital Relations and Intimate Partner

Violence in Ethiopia”. International Perspective on Sexual Reproductive

Health 39, 6–13.

Erulkar, A., & Muthengi, E. (2009). “Evaluation of Berhane Hewan: A Program to

Delay Child Marriage in Rural Ethiopia”. International Perspectives on

Sexual and Reproductive Health, 35(1), 6-14.

Estrada v. Escritor, A.M. No. P-02-1651, August 4, 2003; June 22, 2006

Fleming, D.T., and Wasserheit, J.N. (1999). “From Epidemiological Synergy to

Public Health Policy and Practice: The Contribution of Other Sexually

Transmitted Diseases to Sexual Transmission of HIV Infection”. Sexually

Transmitted Infections 75, 3-17.

Hamburger, P. (2004). Separation of Church and State. Cambridge, MA: Harvard

University Press.

Hasan, M. (2013). “British Muslims Should Stand Up and Say It: There is Nothing

Islamic About Child Marriage.'' New Statesman 142(5185), 40.

Human Rights Watch. (2003). Just Die Quietly: Domestic Violence and Women’s

Vulnerability To HIV in Uganda. New York.

International Center for Research on Women (ICRW). (2006). “Child Marriage and

Poverty,” from Too Young to Wed: Advocacy Toolkit: Education & Change

Toward Ending Child Marriage. ICRW: Washington, D.C.

38
Kamal, S. M.M., Hassan, C.H., Alam, G.M., and Ying, Y. (2015) “Child Marriage

In Bangladesh: Trends And Determinants.” Journal of Biosocial Science

47(1), 120–39.

Kidman, R. (2017). Child Marriage and Intimate Partner Violence: a Comparative

tudy of 34 countries. International Journal of Epidemiology 46(2), 662-

675.

Kuhn, L., Denny, L., Pollack, A., Lorincz, A., Richart, R. and Wright, T. (2000).

“Human Papillomavirus DNA Testing for Cervical Cancer Screening in

Low Resource Settings”. Journal of National Cancer Institute 92, 818-825.

Jeyaseelan, V., Jeyaseelan, S., Shankar, V., Yadav, B., and Bangdiwala, S. (2015).

“Dowry Demand And Harassment: Prevalence And Risk Factors In

India.” Journal of Biosocial Science 47(6), 727–45.

Mahato, S. (2016). “Causes and Consequences of Child Marriage: A Perspective”.

International Journal of Scientific & Engineering Research 7(7), 698-702.

Mathur, S., M. Greene, and A. Malhotra. (2003). Too Young to Wed: The Lives,

Rights and Health of Young Married Girls. International Center for

Research on Women (ICRW): Washington, D.C.

Mikhail, S.L. (2002). “Child Marriage and Child Prostitution: Two Forms of Sexual

Exploitation”. Gender and Development 10(1), 43-49.

Naveed, S. and Butt, K.M. (2015). “Causes and Consequences of Child Marriages

in South Asia: Pakistan’s Perspective”. Journal of South Asian Studies

30(2), 161-175.

39
Nour, N. (2006). “Emerging Infectious Diseases”. Center for Disease Control and

Prevention 12(11).

Nour, N. (2009). “Child Marriage: A Silent Health and Human Rights Issue”.

Reviews in Obstetrics and Gynecology 2(1), 51-58.

Ouattara, M., Sen, P., & Thomson, M. (1998). “Forced Marriage, Forced Sex: The

Perils of Childhood for Girls”. Gender & Development, 6(3), 27–33.

Parsons, J., Edmeades, J., Kes, A., Petroni, S., Sexton, M., & Wodon, Q. (2015).

“Economic Impacts of Child Marriage: A Review of the Literature”. The

Review of Faith & International Affairs 13(3), 12–22.

Perry, B. (1989). “Justice Hugo Black and the “Wall of Separation Between Church

and State”. Journal of Church and State 31(1), 55–72

Potts, M., Gidi, V., Campbell, M., and Zureick, S. (2011). “Niger: Too Little, Too

Late”. International Perspectives on Sexual and Reproductive Health

37(2), 95.

Rumble, L., Peterman, A., Irdiana, N., Triyana, M., and Minnick, E. (2018). “An

Empirical Exploration of Female Child Marriage Determinants in

Indonesia”. BMC Public Health 18(407).

Santana, M.C., Raj, A., Decker, M.R., La Marche, A., and Silverman, J.G. (2006).

Masculine Gender Roles Associated with Increased Sexual Risk and

Intimate Partner Violence Perpetration Among Young Adult Men. Journal

of Urban Health 83, 575–85.

Santhya, K., Ram, U., Acharya, R., Jejeebhoy, S.J., Ram, F., and Singh, A. (2010).

“Associations Between Early Marriage and Young Women’s Marital and

40
 Reproductive Health Outcomes: Evidence From India”. International

Perspective on Sexual Reproductive Health 36, 132–39.

Save the Children. (2004). State of the World’s Mothers 2004. Save the Children:

Westport, CT.

Schaffnit, S., Urassa, M. and Lawson, D. (2019). “Child Marriage” in Context:

Exploring Local Attitudes Towards Early Marriage in Rural Tanzania”.

Sexual and Reproductive Health Matters 27(1), 93-105.

Schwartz, L. B. (1963). “Morals Offenses and the Model Penal Code”. Columbia

Law Review, 63(4), 669.

Scolaro, E., Blagojevic, A., Filion, B., Chandra-Mouli, V., Say, L., Svanemyr, J.,

and Temmerman, M. (2015). “Child Marriage Legislation in the Asia-

Pacific Region”. The Review of Faith & International Affairs 13(3), 23–31.

The National Research Council and Institute of Medicine (NRC/IOM). (2005).

Growing Up Global: The Changing Transitions to Adulthood in

Developing Countries. Cynthia B. Lloyd, Ed. Committee on Population and

Board on Children, Youth and Families. Division of Behavioral and Social

Sciences and Education. The National Academies Press: Washington, D.C

The Prohibition of Child Marriage Act, 2006

Toyo, N. (2006). “Revisiting Equality as a Right: The Minimum Age of Marriage

Clause in the Nigerian Child Rights Act 2003”. Third World Quarterly

27(7), 1299-1312.

41
United Nations International Children's Emergency Fund. (2017). Child Marriage.

Retrieved from: https://www.unicef.org/protection/child-marriage. Date

accessed: September 27, 2019.

United Nations Population Fund (UNFPA) and EngenderHealth. (2003). Obstetric

Fistula Needs Assessment Report: Findings from Nine African Countries.

UNFPA and EngenderHealth: New York, NY.

Varia, N. (2016). Ending Child Marriage: Meeting the Global Development Goals’

Promise to Girls. Bristol University Press.

Warner, E. (2011). “Behind the Veil: Child Marriage as a Form of Trafficking in

Girls”. Journal in Gender, Social Policy, and the Law 12(2), 234-270.

Wechsler, H. (1968). “Codification of Criminal Law in the United States: The Model

Penal Code”. Columbia Law Review 68(8), 1425.

Wodon, Q. (2015). “Child Marriage, Family Law, and Religion: An Introduction to

the Fall 2015 Issue”. The Review of Faith & International Affairs 13(3), 1-

5.

World Health Organization. (2009). Malaria and HIV Interactions and Their

Implications for Public Health Policy. Geneva.

42