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Child marriages should be criminalized for it violates the

Constitution and the law. According to a study conducted


by the United Nations Children’s Fund or UNICEF, 1 out
of 5 girls gets married worldwide. In the Philippines, 1
out 7 Filipino girls gets married before 18, we have the
10th highest number of child brides with an estimate of
17% of Filipino girls gets married before they reach 18
and 2% gets married before they reach 15. The top
reason behind child marriages is human trafficking.

Under Article XV Section 3. (2) of the Constitution, the


state shall defend the right of children to assistance,
including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to their
development.

In addition, Article 3 (8) of PD 603 states that every child


has the right to protection against exploitation, improper
influences, hazards, and other conditions or
circumstances prejudicial to his physical, mental,
emotional, social and moral development.
None of these can be achieved by allowing child
marriages, it actually defeats the very purpose of these
provisions.

As aforementioned, the top reason behind child


marriages is human trafficking which elements includes
abuse, cruelty, threat or use of force, and exploitation.

Family is the basic unit of the Society. Under our


constitution, family is the foundation of the nation and
marriage is the foundation of the family. Child birth is
essential in the creation of a family; it is the link between
married life and family life.

The Constitution states that: the state xxx shall equally


protect the life of the mother and the life of the unborn
from conception. In a study conducted by the United
Nations Fund for Population Activities, reveals that
childbearing during adolescence carries greater risks for
poor health outcomes for both mother and child.
Section 3 (10) of PD 603 states that every child has the
right to the care, assistance, and protection of the State,
particularly when his parents or guardians fail or are
unable to provide him with his fundamental needs for
growth, development, and improvement.

How can we protect the life of the mother and the


unborn if the child creates a family? How can the state
provide the fundamental needs of a child for growth,
development and improvement if we allow child
marriages? It actually puts the child, as the mother, and
her unborn child at risk of poor health.

Moreover, aside from human trafficking, another reason


for child marriage is religion, The Code of Muslim
Personal Laws allows marriage at the age of 15 for boys,
and 12 for girls as long as she has attained puberty.

With that being said, it can be argued that criminalizing


child marriage violates the separation of the state and
the church, but the supreme court has already settled
issues like through the application of the doctrine of
benevolent neutrality. So long as it is in the exercise of
their religion, it can be allowed.

The government strongly believes that criminalizing child


marriages is necessary so that the state can achieve its
policies that promotes the protection and development
of children which are laid down in the Constitution, the
laws, and international conventions or treaties which the
Philippines has signed.

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