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Child marriage
Student’s Name
Professor’s Name
Institution
Course
Date
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Introduction
Child marriage is ubiquitous in the Northern part of Nigeria. The region has a total of 18 states,
and twelve of them allows child marriage. This has been attributed to the religion bringing
conflict between religion and the law on Child Act.

The Body

Argument Opinion One

Child Rights Act in Nigeria is differing in their acceptance. First, when the Act was passed into
law, it was not enacted by all States in Nigeria. Out of 36 states, only 24 states which
domesticated it into law. The major problem arose when states had to first debate and pass the
Act in their respective Assemblies for it to become enforceable and protect Children's Rights and
protect them from early marriage. Since the bill was passed into law in the Nigerian parliament,
twelve states are yet to enact it in their respective states.

Researchers have found out that Children may have no rights in these states, meaning that if
Child marriage is practised in such states, then it is not an offence. The primary reason as to why
these states have failed to enact into law the Child Rights law is because it conflicts their
Religion age definition of a Child. The Child Rights law defines a child as anyone below 18
years of age while their Sharia Laws define a child as anyone below puberty. That means even
nine years can be married (Jigawa Child Rights Law, 2008)

Child Rights Act creates a conflict between Human Rights and religion. This is yet another
reason why the twelve states reject it. An example, Childs Right Act is aimed at protecting the
rights of Children but limits and infringes the freedom of conscience, thought, and religion,
which is contrary to section 38(1) of the 1999 Nigerian Constitution.

The Northern Nigerian states define child maturity age as a state of puberty. Childs Rights Act
requires a child to be at least 18 years of age to get married. In my opinion, wherever such
conflict arises, the interest of the child should be given priority. The country of Nigeria should
come in and act. I believe the National Government can amend laws to protect children and
guard them.

Discussion 1

The parliament of Nigeria should amend that section of the 1999 constitution that requires states
to discuss bills before enforcing them into Laws. If the Government can do it work appropriately,
the conflict would remain to be a story. More Children will be saved from earlier marriages and
would have a formal life and education.
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Discussion 2

The question between Child's Right conflicting the freedom of religion should be addressed with
utmost care and concern. Children are the future. Comparing them with religion is a big mistake.
There are some states which value religion than anything when it conflicts with a child's right,
then it means there is a big problem that requires more than civilization to deal with. Nigeria
should involve the religious leaders in dealing with the matter, and they hold a solution. They are
also parents and so would feel the pain of their children married at adolescent.

Argument Opinion two

African Child's Right, Charter, which Nigeria is a signatory, prohibits children's marriage.
Nigeria Signed the Charter in 1999. The Charter is more comprehensive as it includes several
children's right, including marriage. The African Charter sets the age of a child as below 18 years
without allowing states otherwise.

The Northern States may not violate article 1 of Child Rights, but it violates African Charter
article 1 of Childs Right.

Children marriage is prohibited under Article 21 (2) of African Children's right which states that
'Child marriage and the betrothal of girls and boys shall be prohibited and effective action,
including legislation, shall be taken to specify the minimum age of marriage to be 18 years and
make registration of all marriages in an official registry compulsory'

African Charter on Human rights defines the rights of women in Africa, which includes girls,
protects women against any form of exploitation, sexual abuse. The Charter also protects
children from economic exploitation. The Charter defines the Age of women marriage as above
18 years.

Article 21 of the African Charter of human rights requires states to protect children from social
of harmful cultural practices.

Discussion 1

For this reason, states should consider the African Charter of human rights when protecting a
child's rights. It is the ultimate right that protects Children in all corners of Africa. If the Child
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Rights charter of Nigeria contravenes the Northern states' religion, the African Charter of Human
rights should intervene.

Discussion 2

It is important to note that marrying children does hurt not only children but also hurts the
future. Stopping their education so that they get married is only hurting themselves as the future
will haunt them. They are alone but hurting their children who, if learned, would deliver them
from poverty.

Counter Arguments

Argument one

They believe that marrying teenage girls is maintaining and preserving women's virtues.
Northern Nigeria states believe that marrying children is maintaining and preserving the
attributes of girls. The states in Northern Nigeria reasons that marrying teenage girls is keeping
women's pride in virginity, and women do not get pregnant out wedlock.

They also argue that it maintains and preserves family honour. To avoid the dishonour associated
with girls having pre-marital sex, they get married before adolescent.

They also argue that early marriages help keep girls from social ills such as promiscuity.

Rebuttal

This is wrong because it gives young girls fistula. This is a disease that is an abnormal duct that
develops between the vagina wall and the urethra. Studies have revealed that the Northern states
of Nigeria have high cases of fistula. The cases were attributed to children getting married to
older men. The survey which was conducted by Ijaiya et al. revealed that northern states in
Nigeria have high incidents of fistula than any other state.

Literary, there is no honour in marrying a young child. The child gets hurt each day while having
sex as her private parts are not yet due and thus causing reproductive organ diseases. It may be
unfortunate that it is hard for such a kid to give birth.

Argument two

Relieves their parent burden of responsibilities. Low-income families use the marriage of their
daughters as a way of reducing their economic vulnerability (Otoo-Oyortey 2003). Poverty is at
67 per cent in Nigeria and 77 per cent in the Northern states of Nigeria. The social state of
poverty pushes young girls to marriage to relieve their parents the burden of responsibilities.
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Muthengi and Erulka note that child marriage is an advantage to their parents in local regions as
despite reducing them the burden of raising them, they also receive tokens of appreciation. The
betrothal of girls at a young age relieves parents of the costs and responsibilities of raising a girl
(A Erulkar & E Muthengi 2003)

Rebuttal

This is wrong parents should take responsibility for their blood. There is no need to born
children knowing very well you are bringing them to suffer. Poverty should not be used as an
excuse for marrying children to older men. Their parents took care of their responsibilities from
birth to puberty and so they can continue taking care of them until they reach maturity age.

These girls, if educated, they can deliver their parents from poverty. Their parents should be a
little bit patient with their daughters, and at their older age, they will have poverty no more.

Conclusion

In conclusion, Child marriage is wrong and should be dealt with the utmost ruthlessness. Girls
below the age of 18 years cannot accomplish any duty on their leave alone, giving them
responsibilities of taking care of a man above 40 years. Marrying them at this age is subjecting
them to fear and slavery, and, of which, they will never get out because their parents were
signatories.

Girls should also be taken to school and acquire appropriate education. They could lead Africa
out of mental poverty and slavery if well educated. They deserve to have a future like any other
human. The United Nations should prioritize getting in North Nigeria and educate residents to
the benefit of taking their girls in school and should use force if it is the only language those
people will understand.

One of the long term consequences of child marriage is a continuous cycle of poverty. Marrying
young denies individuals chances of acquiring formal education, which can deliver a low-income
family. Religion is overrated. It has been used to justify inhuman acts and also to contradict law
only because some laws recognize religion. The law should be made ultimate above any religion,
and there should no gap left to justify inhuman acts like child marriage.

References
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Akinwumi, O. S. (2009). Legal impediments on the practical implementation of the Child Right Act
2003. International Journal of Legal Information, 37(3), 385-396.
Erulkar, A. S., & Muthengi, E. (2009). Evaluation of Berhane Hewan: a program to delay child marriage
in rural Ethiopia. International perspectives on sexual and reproductive health, 6-14.
http://www.guttmacher.org/pubs/journals/3500609.html 
Otoo-Oyortey, N., & Pobi, S. (2003). Early marriage and poverty: exploring links for policy and
programme development. London England Forum on Marriage and the Rights of Women and
Girls 2003.
Woodhouse, B. B. (2010). Hidden in plain sight: The tragedy of children's rights from Ben Franklin to
Lionel Tate. Princeton University Press.