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Child marriages are marriages that involve persons below the age of 18 years. These marriages can either be voluntary or involuntary. Child marriages can involve an adult and a child or minor or it may involve both minors. These marriages affect both parties but more especially girls.

There are a number of laws in Zimbabwe that speak to marriages and some of these specify what a child is. According to the Children’s Act, a child is described as a person who is under the age of 16.

On the other hand the law is very clear as to who an adult is and an adult is described as someone who is above the age of 18.

The Constitution provides for marriages and it states that the State should make sure that no marriage is entered into without the free and full consent of the intended spouse and children are not pledged in marriages.

It also states that every person who has attained the age of eighteen years has the right to found a family and no person may be compelled to enter into marriage against their will.

Criminal Law (Codification and Reform) Act outlaws the pledging of female persons, especially those under the age of 18.

The Domestic Violence Act not only outlaws the pledging of women and girls but also forced and child marriages.

Under general law, the minimum age when a person can get married is 16 for girls and 18 for boys.

On the other hand, under the Customary Law Marriages Act there are no age limits and as such girls can be married off before becoming adults.

According to the Criminal Law (Codification and Reform) Act, having sexual intercourse with a young person (under 16) is illegal and as such criminal.

It therefore means that marrying and engaging in sexual activities with someone under the age of 16 is unlawful.

Zimbabwe as a member of the United Nations signed and ratified international human rights instruments such as the Convention on the Elimination of Discrimination against Women (CEDAW).

CEDAW provides that men and women of full age have the right to marry and found a family.

They are entitled to equal rights as to marriage, during marriage and at its dissolution.

The same instrument further provides that marriage shall be entered into only with the free and full consent of the intending parties.

Zimbabwe is also a member of the African Union and has signed the African Charter on the Rights and Welfare of the Child that states that child marriage and the betrothal of girls and boys shall be prohibited.

As such the Zimbabwean Government through deeds and through the law should mark the age of 18 as the minimum age of marriage.

Practices such as child marriages are also discouraged by this Convention since its main focus is to protect the rights of children and more specifically children’s protection from harmful traditional practices.

It is clear that child or forced marriages is a form of violence against children.

It is hoped that all laws in Zimbabwe will be aligned to the new Constitution which outlaws child marriages.

This legislative gap is disadvantaging children, and more specifically the girl child as it continues to pardon the cultural and religious practice of child marriages.

It is also everyone’s responsibility to report to the authorities any child marriages if this practice is to be curbed.

• Written By: Isabel Mapingure, Palasida Legal Officer. For feedback, questions and comments please feel free to email @[email protected] or to send a whatsap message on 0777 828 201 and we will definitely address them. Look out for the next article in this column next week and the Kwayedza every Thursday. Let’s discuss the law. For a 24 hour response to Gender Based Violence Issues, call our toll free number 08080131: hotlines 0776736873 /0782900900