ThesisPDF Available

Research Thesis Child Marriage

Authors:

Abstract

Child marriage is referring to any formal marriage or informal without marriage registry union between a child under the age of 18 have married relations to an adult or to a child. Child marriage is a human right violation that taken away a person’s future. Patriarchal theory against the will of feminism in child marriage issue. The purpose of the research is to discover the political causes and weak marriage law enforcement causes child marriage happen worldwide with the objective to analyse the international laws to tackle the issue of child marriage. Two Southeast Asia countries – Indonesia and Thailand use to compare the factors by using a set of collection data by UNICEF from the year of 2016 and 2021. Malaysia is chosen to be the case study in this research. A Malaysian MP is invited to have an online interview to further understanding about the causes and efforts to reduce the rate of child marriage in Malaysia.
2021
Academic Year
Thesis for Master’s degree
論文題目 TITLE OF THESIS
Child Marriage as a Violation of International Human Rights: A Case Study of Malaysia
指導教授 / Academic Advisor Dr. Jonathan Luckhurst 教授
Graduate School in International Peace Studies
Division International Peace Studies
学籍番号/ Student Number e20m3510
/ Name Lau Yaa Yuen
(修士論文 Master’s Thesis / リサーチペーパー Research Paper
どちらかに○をしてください
Please mark one with a circle
2021
A Master’s Thesis submitted to the Graduate School of International
Peace Studies, Soka University in partial fulfillment of the requirements
for the degree of Master of Arts in International Peace Studies
Soka University, Japan
January 2022
Thesis Committee:
Professor Jonathan Luckhurst (Supervisor)
Professor Koide Minoru (Co-supervisor)
Professor Hartmut Lenz (Member)
i
Acknowledgement
In the beginning of the course is the time when the pandemic strike making the world in a
chaotic situation but I still have the opportunity to study in my dream university – Soka University
Japan by fulfilling my life mentor – Daisaku Ikeda’s missions as a Soka University student to spread
the meaning of Justice to the society. I choose to write human rights violation issue – child marriage
due to the reason my own country still practicing such a deep-rooted culture. Instead, Soka
University Japan also provided working opportunity as a teaching assistant for the master students to
earn some basic living expenses. Appreciate to Professor Koide Minoru and Professor Alex Chan
accepted me as teaching assistant.
While doing the thesis, the person I appreciate the most is my British advisor – Professor
Jonathan Luckhurst who had provided me a lot of useful guidelines with his professional experiences
in the academia. I also wanted to thanks Professor Koide Minoru willing to be my sub-advisor who
had corrected my research mistakes.
The third person I wanted to thanks to is MP Teo Nie Ching, a Malaysian opposition member
of parliament who was served as a Deputy Minister of Education willing to accept my online
interview. This interview able to give me an opportunity to realize the weakness of the country that
has to be fix.
Thanks to my lovely boyfriend for his professional software knowledge who had guided me on
the UNICEF collection data analysis by using Microsoft Excel. I wanted to thanks Malaysian
Eikokai group as a supportive group. Thanks to my course mate – Geetajanli for sharing her
professional knowledge in human rights’ laws dealing with child marriage, Falgooni and Seiko as
my spiritual supports. I also wanted to send my appreciation to my second-batch seniors, Phoebe
Mok, Susan Sakano, Noriko, and Mandeep for sharing ideas on thesis.
Finally, I would like to send my deepest appreciation to my dearest mother who had
supported me along these years. Although I was easily bad temper when knowing the countries’
borders were closing due to pandemic making me unable to travel, but your tolerance makes me
comfort.
Thank you with appreciation.
ii
LIST OF ABBREVATIONS
Child Rights Coalition Malaysia CRCM
Child Sex Tourism – CST
Convention on the Elimination of All Forms of Discrimination against Women – CEDAW
Convention on the Rights of Children – CRC
Council on Foreign Relations – CFR
Federal Islamic Affairs Agency JAKIM
Female Genital Mutilations FGM
Government of Indonesia – GoI
Human Rights Council – HRC
Member of Parliament MP
National Medium-Term Development Plan RPJMN
Non-Governmental Organization – NGO
Pakatan Harapan PH
Physical and Health Education PE
Sexual and Reproductive Health – SRH
Sustainable Development Goals SDGs
UNFPA – UN Population Fund
UNICEF – UN Children’s Fund
United Nations Human Rights – OHCHR
Universal Declaration of Human Rights UDHR
World Health Organization – WHO
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Table of Contents
Acknowledgement ................................................................................................................................ i
List of Abbreviations ........................................................................................................................... ii
Abstract ................................................................................................................................................ 1
Chapter 1.0 Introduction ...................................................................................................................... 2
1.1 Child Marriage’s Definition ................................................................................................... 2
1.2 Types of Child Marriage......................................................................................................... 2
1.3 Purpose and Research Questions ............................................................................................ 4
1.4 Theoretical framework and Literature Review ....................................................................... 4
1.5 Methodology ........................................................................................................................... 9
1.6 Outline of chapter ................................................................................................................. 10
Chapter 2.0 – International Laws in Child Marriage ......................................................................... 11
2.1 Definitions ............................................................................................................................ 12
2.2 Gender equality..................................................................................................................... 13
2.3 The role of Intergovernmental Organizations ...................................................................... 15
2.4 Limitations ............................................................................................................................ 17
Chapter 3.0 – Comparison Child Marriage Factors between Southeast Asia Countries Indonesia and
Thailand ............................................................................................................................................. 20
3.1 Indonesia ............................................................................................................................... 21
3.2 Thailand ................................................................................................................................ 23
3.3 Marriage Laws Policy Reform ............................................................................................. 24
3.4 Education .............................................................................................................................. 26
3.5 Child Prostitution Involves in Child Marriage ..................................................................... 27
Chapter 4.0 – Malaysia’s context ....................................................................................................... 29
4.1 Weak law enforcement ......................................................................................................... 31
4.2 Poverty .................................................................................................................................. 33
4.3 Sex Education and Sexual and Reproductive Health Service .............................................. 34
4.4 Conservative Culture and Religious ..................................................................................... 34
Chapter 5.0 – Conclusion ................................................................................................................... 36
References .......................................................................................................................................... 38
Appendix ............................................................................................................................................ 43
iv
List of Figures
Figure 3.1 Residence of Indonesia in child marriage. ......................................................................... 22
Figure 3.2 Residence of Thailand in child marriage. ........................................................................... 24
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Research Thesis
Child marriage as a violation of international human rights: a case study of Malaysia.
Abstract
Child marriage is referring to any formal marriage or informal without marriage
registry union between a child under the age of 18 have married relations to an adult or to a
child. Child marriage is a human right violation that taken away a person’s future.
Patriarchal theory against the will of feminism in child marriage issue. The purpose of the
research is to discover the political causes and weak marriage law enforcement causes child
marriage happen worldwide with the objective to analyse the international laws to tackle the
issue of child marriage. Two Southeast Asia countries – Indonesia and Thailand use to
compare the factors by using a set of collection data by UNICEF from the year of 2016 and
2021. Malaysia is chosen to be the case study in this research. A Malaysian MP is invited to
have an online interview to further understanding about the causes and efforts to reduce the
rate of child marriage in Malaysia.
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Chapter 1.0 Introduction
1.1 Child Marriage’s Definition
According to UNICEF (2020), child marriage is referring to any formal marriage or
informal without marriage registry union between a child under the age of 18 have married
relations to an adult or to a child. In addition, the most affected gender are girls. UNICEF
(2020) stated that the prevalence of child marriage among boys is only one sixth that among
girls. Furthermore, UNICEF (2020) indicated nearly 4 in 10 young women between the aged
of 20 - 24 were married before the age of 18 across the globe.
Child marriage is a human right violation that takes away a person’s future that could
affect their economic status, physical health and psychological impacts, and girls is the most
affected gender in child marriage. Their personal development and wellbeing are put at risk
are the challenges they will face. Furthermore, their freedom of choice will become limited,
and are deprived of their fundamental rights to health, education and safety (Girls Not Brides,
2020). Girls Not Brides Organization, an international NGO organization with the aims to
end child marriage throughout the world also stated child brides would face physical nor
emotional that they are not ready to become wives and mothers; the risks they will experience
more dangerous complications in pregnancy and childbirth, contracting HIV/AIDS and
suffering domestic violence with little access to education and economic opportunities made
them more likely to live in poverty that the community and nations system had undervalued
the contribution and participation of girls and women by limiting their own possibilities for
growth, stability and transformation.
1.2 Types of Child Marriage
According to ECPAT International (2020), there are other forms of child marriage that
has violated the basic human rights: Early marriage – unions that are legal or customary,
involve at least one person below 18 years of age where the country approve the majority of
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
age is legally attained earlier than 18 years of age or upon marriage; Forced marriage a
legal or customary marriage occurs without the full and free consent of one or both of the
parties involved, or, in which one or both of the parties are unable to end or leave the
marriage. Another forms of child marriage – child prostitution which involve economic
transactions between the client and supplier (Mikhail, 2002). Furthermore, Warria (2017)
stated that child prostitution is a form of forced marriage that involved in child trafficking
that a child’s consent can be gained in a deceitful way that the consent is deferred to their
parents.
In the year of 2016, United Nation had made an initiative with several global
associations such as UN Children’s Fund (UNICEF), and the UN Population Fund (UNFPA)
announced on International Women’s Day with an effort to prevent girls from marrying too
young and to support those already married girls across the high rate of child marriage in 12
countries across Africa, Asia, and the Middle East (UN, 2016). Instead, UNFPA had
promoted different approaches such as policies, programs and legislation with the purpose to
end child marriage by supporting the evidence-based, girl-centred investments that empower
girls with information, skills and services under the health, education and safety perspectives
by helping them to make a successful transition to adulthood; UNFPA also provide support to
help the married girls in family planning and maternal health (UNFPA, 2020). The 5th goal-
Gender Equality stated in Sustainable Development Goals (SDGs) had improved the women
and girls’ rights especially in areas of child marriage and female genital mutilation (FGM)
decline along these years with the international commitments, but women and girls still
unable to enjoy full gender equality with a lack of legal, social and with the economic
barriers especially in this pandemic 2020 year (United Nations, 2020). Furthermore, ECPAT
International (2020) using the international law as reference that has already clearly stated
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
that all child and early marriage as a form of force marriage because children under 18 unable
and cannot provide full, free and informed consent regardless their current status.
1.3 Purpose and Research Questions
The purpose of this research is to discover the political causes and weak marriage law
enforcement that contribute to child marriage happen worldwide and to increase the public
awareness and concern with the aim of analyse the legal framework on child marriage
internationally. The objective of this study is to analyse international laws that use to tackle
the issue of child marriage from happening through searching the factors and reasons of
causing the effects of child marriage internationally. Apart from this, comparison factors by
using a set of collection data by UNICEF from 2016 and 2021 between the several Southeast
Asia countries includes Indonesia and Thailand that are still practicing child marriage. The
last part is focus on the case study of Malaysia.
The research questions in the research are seeking for the consequences of the child
marriage that limits the freedom of choice an individuality in the perspectives of human
rights. Instead, this thesis will also address the impacts of child marriage especially girls will
face such as early pregnancy would cause health bodily development become worsen and the
psychological effects that directly affect an individual’s entire lives.
1.4 Theoretical framework and Literature Review
1.4.1 Patriarchal theory against the will of the Feminism
Feminism theory is one of the best chosen theory to be use in this research. According
to Jenkins, Narayanaswamy & Sweetman (2019), feminist values in research can be
understood in several ways by creating spaces and opportunities to reveal the realities of
power of inequalities and differences. The feminist values most of the time focus on ‘gender’
that allow us to discuss about sexual orientation and gender identities in diversity and
gendered power relations between individuals and groups. In society we are living today,
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
gender is a taboo issue to discuss that it fail to receive the public recognition. It is one of the
great obstacles for women and men that made it a critical part of feminism activism and
transformation that use to challenge patriarchal system that tend to marginalized the existence
of women and girls.
Contrary to the feminism theory which focus on gender equality that support women’s
rights, according to Sultana (2010), patriarchy creates barriers for women to go forward and
is one of the prime obstacles to women’s advancement and development. The patriarchal
system which exists in a society directly for centuries affect a person’s lives. The term of
patriarchy imported into terms such as male-dominated society, sexual inequality theory, and
the nebulous feminist perspectives that the core concept of patriarchy is a system of male as
the domination and female as subordination continue prolong in the society without breaking
(Hunnicutt, 2009). The concept of patriarchal system is contradicting to the concept of
feminism that patriarchal system evokes the gender hierarchies, dominance and power
arrangements. Hunnicutt (2009) described the patriarchal system is a theory maintain gender
as a central organizing feature, keep a hierarchical emphasis and focusing on social systems
and social arrangements that reinforce gender domination. The patriarchal society allow male
to have the absolute priority that limits the women’s rights because of the patriarchal
institutions and society causes the women to perceive as inferior and secondary status
(Sultana, 2010).
Patriarchy is the system of male domination and female subordination in economy,
society and culture that has rooted in human history until to the present day (Sultana, 2010;
Lim, 1997). According to Napikoski (2020), men holds the position of power and privilege
such as head of the family unit, leaders of a group, boss in the workplace, and heads of
government. Napikoski (2020) compared the position of men based on the social hierarchy
between traditional and modern times that the elderly men had power to hold on over the
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
younger generations of men in traditional patriarchy while some men hold more power and
privilege with the virtue position of authority is consider acceptable in modern patriarchy.
Because of the patriarchal concept that had implemented throughout the human development
history that men are holding the power to control that downgraded the value of women and
girls according to their virginity lead to limits on female sexuality and reproductive choices
that lead to child marriage.
1.4.2 Literature review of child marriage
A women’s future all of the time, according to many traditional societies that depends
mostly on her age that the younger age, the better, particularly the marriage age. According to
Marphatia et al. (2021), the age of women would affect her body health at first childbirth
which include malnutrition and high rates of morbidity and mortality is crucial issue for
public health. Instead, they also highlighted the complex association of marriage, educational
levels, and societal status of women. They concluded the low status of women are most likely
to be married at the young age by giving birth that be the matter of consequences in the
public health. Furthermore, there is no region on-track to eliminate or limit the numbers of
child marriage by 2030 to achieve SDG 5 Target 3 causes nearly 650 millions of girls and
women affected (Efevbera and Bhabha, 2020). They estimated if the rates of child marriage
on girls remain unchanged, there will be 12 million of girls under the age of 18 marry each
year compare to the prevalence of child marriage among boys, estimated to be one-fifth the
level of girls.
Child marriage is a common marriage system that happened especially in a Muslim
country. A research by Protect and Save Children Association of Selangor and Kuala Lumpur
(PTS Children) in 2013 stated although child marriage is prohibited in the international
human rights law and many national laws which include Malaysia national laws, however
due to the laws’ loopholes, child marriage still happened even the country had signed and
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
ratified the Convention on the Rights of Children (CRC) in addressing child rights issues but
that was 1995 and there is no specific statistics on child marriage is available in the public
domain.
Another research stated by Svanemyr et al. (2015) that the understanding of child
marriage in intra and inter-countries differences is limited and more segmented analyses are
needed by not only focusing on geographical variety, but religion, education, ethnicity, social
class and etc. should be highly recommended. Instead, the research also mentioned although
the root causes and factors of traditions and gender-discriminatory in patriarchal values and
ideologies lead to child marriage from South Africa and South Asia, these countries only
focus on the short-term impacts of child marriage but ignored the long-term and
intergenerational effects of child marriage which includes economic costs of early marriage.
Another child marriage’s research by Efevbera et al. (2019) in Sub-Saharan Africa to
discover child marriage especially girl would contributes to socioeconomic status such as
early pregnancy effects, lower educational attainment lead to limited working opportunities
and income support, reducing autonomy that would affect women’s decisions that lead to
unhealthy among adult married women. The result shown the women who married before the
age of 18 had an increase risk of early motherhood and less like to be completed the
secondary education compare to women who married at the adult age. The embedded
patriarchal attitudes and behavior is the major cause of child marriage unable to stop that
show in a qualitative approach research conducted by Sabbe et al. (2013) in Morocco. The
research focused on the four major themes which are the legal and social divergence; the
impact of legislation; the role of education; and the economic factors that contribute to child
and force marriage in the data research. This research concluded to tackling the child
marriage issue is by having a strong legal and policy measures framework that should go
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
hand-in-hand with both education and increase economic opportunities that is essential to
stop the child and forced marriage to continue.
There are two researches focus child marriage in Malaysia context in different setting
but having the same implementation of sex education by using qualitative study. Kohno et al.
(2020) revealed the factors leading to child marriage in Sarawak state which are health risk
behaviors, family poverty, early marriage as fate and family disharmony. Fate in the research
referred to by ‘the participants in the older age groups, who had a longer time since their
marriage to contemplate on whatever had happened’; family disharmony is a term stated in
the research referred to the bad family relationship that indirectly influence the girls or
women choose to get married at a young age. The study stated implementation of sex
education as an intervention program at school and in community by incorporates with an
innovative religious teaching as a key of success approach is crucial of dealing with early
pregnancy. The same team of researchers did another research with the same theme in 2019
by using social-ecological model to examined individual, familial, community and societal
issues that lead to child marriage happened in Kelantan. The social-ecological model which
developed by Bronfenbrenner in the 1970s, is a theory-based framework use in explaining
various public health issues, i.e. family health, HIV and child health. This model is use to
describes the sphere of influence in multiple layers that typically represented as individual,
relationship, community and societal factors. The result revealed the issue of premarital sex is
an sinful act with the Islamic religious beliefs, despite, sex education is a taboo that should
not be taught in Muslim-majority countries such as Malaysia although the country has made
initiatives to gradually to promote sex education among adolescents but with the society`s
negative perceptions that sex education encourages sexual intercourse between children.
Most of the child marriage research studies reveal female is the victim, male would be
the victim in the context of child marriage too. Misunas et al. (2019) explores the
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
sociodemographic profile of man reveals no studies have accessed on boys. This study
indicates the high prevalence of child marriage among boys are geographically, economically,
and cultural diverse indicating the lack of a clear in geographically pattern, further
assessment in prevalence is recommended to identify the vulnerable populations.
1.5 Methodology
1.5.1 Study design
This study will be conduct by using several methodologies for data analysis. The primary
source in the research is a set of child marriage collection data in 2016 and 2021 from UNICEF
will be used to analyses by using thematic analysis in chapter three to make comparison
between two selected Southeast Asia countries – Indonesia and Thailand in several issues of
child marriage such as law reformation, education, etc.
The secondary source in this research is by using qualitative method via semi-
structured interview (online) with a Malaysian professional individual. Due to pandemic
strike, the semi-structured interview can only be conducted online by providing a set of
informed consent with the stated interview procedure through email.
The chosen country in this research is Malaysia as the research case study with
contextual analysis. The reason of choosing Malaysia for the research case study setting
because child marriage is one of the common unsolved issues with several factors such as
poverty, education, religious, anti-abortion and low civic engagement causes child marriage
happen that will use to discuss in the chapter four.
The interview person is Teo Nie Ching, an opposition member of parliament from
Malaysia. She was served as the Deputy Minister of Education in the Pakatan Harapan (PH)
administration under former Prime Minister Mahathir Mohammad. During her position as the
Deputy Minister of Education, she deals with not only the changing of the country education
syllabus, she also introduced and implemented the sex education into the health course from
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
primary school to secondary school. Instead, she provided the opportunity for stateless
children to have education. Furthermore, she also involved in dealing with the Malaysian
child marriage issues with the corporation from the Ministry of Women, Family and
Community Development. The language we used in the interview is Mandarin mix with
English. It is a common communication language for Malaysian.
1.6 Outline of chapter
This thesis research primarily is focus on Child Marriage as a violation of human rights
which clearly stated its definitions and the effects in the international perspectives starting
with the definition of child marriage. International laws in Chapter two will be further discuss
on each of the definitions, debates and limitations in handling the related issues of child
marriage that especially effects on gender disparity particularly on female. The following
chapter three focuses on comparison two different Southeast Asia countries – Indonesia and
Thailand of data regarding to child marriage in the issues of marriage law reform, education,
etc. Malaysia chosen to be the case study of the research in chapter four several perspectives
such as weak marriage law enforcements, poverty, sex education and sexual and reproduction
health services, conservative culture and religious. Final chapter is the conclusion chapter to
conclude all discussed perspectives in child marriage as a violation of human rights.
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Chapter 2.0 – International Laws in Child Marriage
Women and girls represent half of the world’s population. However, there is still a long
way to achieve the full equality of rights and opportunities between women and men warned
by UN Women. Only through the implementation of gender equality to realized the
importance of the basic human right to achieve peaceful societies. Besides, this can empower
the women spurs productivities and economic growth with full human potential and
sustainable development. Yet, the societies still having gender inequalities treatments
especially women and girls, one of the best example is child marriage.
Child marriage happened worldwide under the lack of law enforcements on tackling
this human right’s violation issue. Despite, some countries defines the age of a child unclear
that causing the child can be married at any age with or without parental consent. Female is
the gender always being victimized and forced into marriage at a young age not having any
knowledge for self-protection. In the introduction chapter had mentioned that there are
several international intergovernmental organizations put different efforts on solving the issue,
although the numbers of child marriage has been declined significantly over the last two
decades but the increase numbers of child marriage happened especially during the pandemic
year in 2020 (UNFPA-UNICEF, 2020).
The international human rights laws treaties in handling the issue of child marriage will
be discuss in this chapter two. The first section will explain the definitions of different
identity of a child, girl, women; the second section is about the role of different conventions
which formed by the UN and intergovernmental organizations such as Beijing Platform of
Actions, and Convention on the Elimination of All Forms of Discrimination against Women
on tackling the issue of child marriage. These treaties are use to guarantee the right of all
individual into marriage with the free and full consent of both genders (UN, 2014).
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
According to Alston (1986), children are not having any protection if compare to
women, typically on married women during the old age. He mentioned the first efforts of the
rights of a child was taken into action internationally by the League of Nations which
established a special committee to deal with the protection of children and adopted
conventions prohibiting the traffic of women and children (1921) and slavery (1926). In the
Geneva Declaration of the Rights of the Child adopted in 1924 stated that the child must be
given the means requisite for normal development, both physically and mentally. After the
World War II, there are two provisions concern with children stated in the Universal
Declaration of Human Rights of 1948 proclaimed the basic catalogue by recognizing the
international human rights that equally applicable for children which are article 25 (2) –
motherhood and children are entitled to special care and assistance; article 26 dealing with
the right of education. However, a child’s rights were only fully stated which adopted in the
1959 Declaration of the Rights of the Child in the General Assembly that the Declaration’s
10 principles acknowledge the right of the child to have fully freedom.
2.1 Definitions
2.1.1 Child
The Convention on the Rights of the Child (CRC) which adopted and opened for
signature, ratification and accession by General Assembly in November 1989 and entry into
force in September 1990, in accordance with article 49. The Convention on the Rights of the
Child defines a Child of the article 1 stated a child who is any person below the age of
eighteen years; in the first and second sections of article 2 mentioned State parties shall
respect and ensure the rights of a child is having all these rights regardless their identities,
staying locations, spoken languages, religions practice, own thoughts, personal appearances,
sex, disabilities, birth or other status. The article also stated all child should be treated equally
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
and fairly without discrimination. Adults, neither own parents nor guardians should be
consider about their decision making that would affect the child(ren)’s conditions.
2.1.2 Women
According to UN Women, the status of a women to receive equality is not easy. Gender
inequality which remains deeply rooted in every society that always against the women’s will
and lower down their living standard. This is not only violated the basic human right to
achieve gender equality but also causing the socio-economic ramifications unequal
distributions. Women always facing lack access to decent jobs, occupational segregation and
gender wage gaps; instead, they are also often denied access to have the basic education and
health care. Furthermore, women in all parts of the world suffer gender-based violence and
discrimination and under-represented in political and economic decision-making processes.
Women always face the gender-based violence regardless of their personal status,
educational levels, nor their income. According to UN (2021), one of the newest trend trigger
on women’s dignity which is the gender-based violence online that the technology companies
and policymakers has to take digital violence seriously. UN (2021) stated the consequences
of gender-based violence online could cause mental health issues such that could harms their
sense of well-being. The victims of gender-based violence is always women. And, gender-
based online violence always silences the voices of women. UN (2021) also discovered
women and girls are most likely the gender that forced into the contemporary forms of
modern slavery. UN (2021) stated according to unofficial estimates by experts, one in every
130 women and girls is subjected into forms of slavery such as child and forced marriage,
domestic servitude, forced labour and debt bondage. UN (2021) criticized these high levels of
exploitations activities prevail in global chain supply often rely on and reinforce the labour
exploitation that deepen the gender inequality.
2.2 Gender equality
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
To achieve the gender equality which involve to be part of international human rights
law by the Universal Declaration of Human Rights had adopted by the General Assembly on
December 1948 clearly stated in Article 1 and Article 2 that “All human beings are born to be
free and equal in dignity and rights that everyone is entitled to have all the rights and
freedoms set forth in the Declaration without having any distinction of any kind, such as race,
colour, sex, language, religion, and birth or other status.”.
Under the establishment of the Beijing Declaration and the Platform for Action in 1995,
there are actions taken to eliminate the women from being abuse that concerns for women’s
human rights and violence against women. In one of the new global development agenda
stated in the 2030 Agenda of Sustainable Development reviewed in the Beijing Declaration
which focus on eliminate of all forms of discrimination and violence against women and girls
in the public and private sphere. Furthermore, Sustainable Development Goal Five: Achieve
Gender Equality and Empower All Women and Girls had develops many progressive actions
to help the female to overcome the facing difficulties and prevail the gender inequalities.
However, even under the Goal Five, many challenges still remain such as the discriminatory
laws and social norms remain pervasive, women continue to be underrepresented at all levels
of political leadership, and women and girls between the age of 15 to 49 report experiencing
physical or sexual violence by intimate partner within a 12-month period.
2.2.1 Gender discrimination’s factors make the Causes of Child marriage globally
There are several factors lead to child marriage happened globally. Gender
discrimination, however, is the main factors causes child marriage happen unstoppable.
Gender discrimination is any unequal treatments which includes privilege and priority based
on gender basis. According to Save the Children (2021), a non-governmental organization
(NGO) helps children to tackle facing issues pointed gender discrimination starts since
childhood that continue destroy a child’s future and limiting their opportunity for self-
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
exploration. The most affected gender is always girls that the authority tends to denied her
basic rights, not allowing to have education, forced to married at young age and facing
violence.
Poverty is the common factors and main cause of child marriage, while others factors,
according to Council on Foreign Relations, CFR (2021), the values of a bride determine by
several causes culture norms such as races and religions, country facing conflict, crisis
increase the rate of child marriage, geography of a region transcend the percentage of child
marriage across developing countries; West and Central Africa and South Asia , policy
options influence the local acceptance and the establishment policy of legal age of consent for
marriage to 18 years old.
Female genital mutilations (FGM) is a harmful practice on girls in the age range of 0
15 years (Endfgm.eu, 2020). In CRC (2005) defines the practice of FGM violates a child’s
rights which clearly stated that FGM is a discrimination against girl, is a serious violation of
rights that would affect their survival and areas of their young lives as well as restricting their
future capacity to contribute to society. According to World Health Organization, WHO
(2020), FGM is classified into four major types includes all forms of procedures that involve
partial or total removal of the external female genitalia that could injure the female’s genital
organs that most of the time perform by a non-medical professional for non-medical reasons.
This is a deep rooted culture that intersect with child marriage that share certain
characteristics, such as low education levels, rural residence, and living in poorer households
(UNICEF, 2021).
2.3 The role of Intergovernmental Organizations
The convention to Marriage, Minimum Age for Marriage and Registration of Marriage
entry into force in 1964 recalled in the article 16 of the Universal Declaration of Human
Rights had stated clearly a completely elimination of child marriage and the formal marriage
16
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
engagement age of a girl before puberty that all states should establish a necessary
appropriate penalties and established a civil or other register in which all marriage will be
recorded; In the Convention on the Rights of the Child, UNICEF defines child marriage of a
boy or girl married before the age of eighteen. According to UNICEF in response to Human
Rights Council (HRC) Resolution (2014) that stated in the Secretary-General’s Report on the
Girl Child (2011) UNICEF choose to use the term of “child marriage” because this human
rights violation takes place before the age of consent that they are force into marriages even
the child given consent but due to family and community members exerted intense pressure
with adhere to social norms around marriage made the consent meaningless. Instead,
UNICEF avoids using the term “early marriage” because the meaning of “early” term is
ambiguous in the global context that could refer to marriage age of 30 is a norm in the
developed countries.
According to the annual report 2020 on Global Program to End Child Marriage by the
UNFPA-UNICEF apply a series of human rights-based approach to program to protect,
respect and fulfill human rights for all in accordance with the core components of equality
and nondiscrimination, quality for accessing services and accountability. UNFPA-UNICEF
organized different human rights-based approaches during the pandemic season to reduce the
rate of child marriage such as reduce the gaps in equity and inequality, relies on board
participation, empowers both duty bearers and rights holders and culturally sensitive.
Furthermore, UNFPA is having its visions of the Three Zeroes by 2030 that has to be
achieved: Zero Maternal Death, Zero Unmet Need for Family Planning, Zero Violence and
Harmful Practices against Women and Girls and Zero Child Marriage by 2030 is the first
priority in the United Nations 2030 Agenda for Sustainable Development Goals (SDGs).
The implementation of advocacy and global policy towards ending child, early and
force marriage has significantly lower down the percentage of child marriage. In the United
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Nations Secretary General report 2020 presented an overview of progress made towards
ending child, early and force marriage worldwide with the Global Program efforts had
highlighted the developments at the international and regional levels; legislative measures,
policies and action plans; empowerment of girls; protective services; and research towards
prevention of child, early and forced marriage and protection married girls in all regions of
the world. The report had also risen attention to several critical issues includes discriminatory
legal provisions and exceptions, informal unions and the situation for married girls.
By using the legislative measurements, UNHR corporation with UNICEF recognize
child and forced marriage as a human rights violation and is a manifestation of gender-based
discrimination (A/HRC/35/5). Furthermore, in the same sections has also adopt a
comprehensive measure to address the drivers and causes that expose women and girls to the
child and forced marriage by introducing and enforcing laws and policies that promoting
equality for women and girls, prohibit gender-based violence and repealing discriminatory
laws that have a discriminatory impact and enable harmful practices.
2.4 Limitations
2.4.1 Lack of Legal Protection
According to Wodon, et al. (2017), many countries do not effectively legally protect
girls against child marriage, furthermore, the legal reforms are insufficient to end such
practice as many girls still illegally marry even in countries where the legal protections are in
place. Although child marriage is prohibited by the national law with the 18 years old as the
legal age of marriage in many countries, however, child marriage still happens that allow the
girls to be married before 18 if the parents or judicial bodies approve the marriage consent,
instead, many girls marry before reaching the legal age for marriage in their country (Wodon,
et al., 2017). There are no legal sanctions for those involved in child marriage in many
countries that may compound the issue. According to Save the Children (2021), the loopholes
18
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
in laws against child marriage enabling exploitation of girls through temporary marriage in
countries including Lebanon, Egypt, Turkey and Iraq are exposing children to a broader
range of protection risks. Save the Children (2021) also found the exploitative marriage take
place in the Syrian refugee communities in the region because of the family lack of economic
support in the warzone. Since no sanctions exists, the law may be effective in acting as a
deterrent for the practice. Wodon, et al. (2017) criticized the government(s) often proposed
the law of marriage which provides limited protection against child marriage for girls that
undermines the legal protections due to the fact that the minimum age for marriage is lower
under customary or religious laws than the national law.
2.4.2 Polygamy and illegal marriage cause child marriage
Polygamy and illegal marriage happen in those countries that cause child marriage take
place at the same time. According to Gaffney-Rhys (2012), although the case of child
marriage is stronger than that against polygyny; according to Wodon et al. (2017), the
involvement age to be considered as an illegal marriage must take place before a girl reaches
18 and before the minimum age for marriage in her country which accounting for exception
linked to parental and judicial consent that had violated in the human rights perspectives.
Polygamy or plural marriage is defined as the practices having more than one spouse,
though there is polyandry happen but it is extremely rare to happen of a wife having more
than a husband; a man of having more than a wife which knows as polygamy that allow to
happen especially in some jurisdiction countries that having the blur, mixed legal systems and
co-existing laws that cause the child marriage resulted frequently (Gaffney-Rhys, 2012).
Females is always the victim either in polygamy, illegal or child marriages. Moreover,
polygamy, illegal or child marriages occurs in the same geographical areas such as in African
and Asian countries that permitted to have these unequal marriages to be happen. Gaffney-
Rhys (2012) pick on the weakness of the national constitution is silent most of the time that
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
allow these unequal marriages to carry on as to the relationship between civil law and
customary or personal laws which does not prioritise the former over the latter. Although the
international community has noted that women is always the gender being disadvantaged in
the multiple legal systems that has urged the states to adopt the family laws to respect
women’s rights in relation to all form of marriage as stated in Convention on the Elimination
of All Forms of Discrimination against Women, CEDAW (2024), but this rarely occurs due
to the human rights are at stake, civil laws that protect the women did not take the priority
over customary or religious laws which had violated them. The marriage age for polygyny
before 18 when the number of females in polygynous marriage increases, thus contribute to
the incidence of child marriage (Gaffney-Rhys, 2012; Heinrich, 2010).
In the first international human rights treaty which referred to child marriage
CEDAW (1979), article 16(2), which prohibited the betrothal and marriage of the child.
However, the Convention (1965) did not define a child’s age and it was unclear stated the
minimum age of marriage should be less than 15 or not. This created a loophole for the
government to allow child marriage to happen as long as with the parental consent and
judicial consent. However, even after accounting for the possibility of exceptions to the legal
age of marriage with parental or judicial consent, there are still having 7.5 million girls marry
illegally each year making up 68 percent of all child marriage globally (Wodon, et al., 2017).
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Chapter 3.0 – Comparison Child Marriage Factors between Southeast Asia Countries
Indonesia and Thailand
From the previous chapters had clearly stated child marriage is a marriage form happen
before the age of 18, it is a fundamental violation of human rights, however, instead, it is a
common practice literally happen around the world. Girls is always the gender being
victimized in child marriage which having the highest percentage in all regions although boys
also happen but the percentage is lower than expectations. UNICEF (2021) stated both
genders – child grooms and child brides would face different risks and consequences due to
biological and social differences that child marriage is a human rights violation for children
regardless genders. According to UNICEF (2021), the levels of child marriage are highest in
West Africa and Central Africa, where nearly 4 in 10 girls were married before reaching the
age of 18. Although the prevalence rate of child marriage is decreasing globally, still, there
are 12 million of the total number of young girls married per year. Furthermore, UNICEF
(2021) also stated there are 115 million boys and young men were married before the age of
18 which commonly happen in geographically diverse countries.
According to Scolaro et al. (2015) analysis on the Marriage legal systems of 37
countries in the Asia-Pacific region which include some of the Southeast Asian countries
such as the Philippines, Vietnam, Cambodia, Malaysia, Myanmar, Indonesia, Singapore and
Thailand. Although many Asia-Pacific region are party to the relevant UN treaties and
convention by legalized the anti-child marriage laws into the national laws with the purpose
of protecting the girls from child marriage but the attempt to protect the child’s rights has fail.
Although under the analysis of statutory law in the Southeast Asian countries by setting the
legal age of marriage for boys and girls to 18 years is one of the elements addressed by the
Asia-Pacific countries but the research reviewed some of the countries’ laws do not contain
an explicit norm in providing exception to the minimum age of marriage upon parental or
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
court’s consent that the marriage is prohibited (20 for boys and 18 for girls in Vietnam).
Upon parental or court’s consent the age of marriage can be as low as 14 years for both
genders in Myanmar; 15 years old of the age of marriage in Laos under special circumstances;
puberty age for Muslims in the Philippines; Cambodia, Indonesia and Malaysia is 16 years
old only for girls with parental consent if the other party is 18, or in the case of pregnancy;
Singapore is if a girl under 18 can be married with a special marriage license or at the age of
puberty under customary law. However, Scolaro et al. (2015) stated that under the customary
and religious law especially the Muslim laws with the spousal consent that most of the time,
girl’s consent is not needed because the parents consider their daughter is physically ready for
marriage by agreeing the marriage contract.
There are two chosen Southeast Asia countries; i.e. Indonesia and Thailand will be use
to analyse the cause and effects of child marriage happened in these two countries. The
perspectives will use to discuss in this chapter are marriage law policy reform, education, and
child prostitution involves in child marriage. Residences rural and urban and the age of
child marriage from Indonesia and Thailand collected by UNICEF from the year of 2016 and
2021as an indicator which will be shown in the paragraph (Unicef.org, n.d.).
3.1 Indonesia
According to World Bank collection of world population data estimated Indonesia is
having 273.5 million of population of people in the year of 2020; is a country to the world’s
largest Muslim community. Despite of the fact that Indonesia is a geographically and
culturally diverse country with a significant economic and political power increase average
growth in the country’s annual gross domestic product (GDP) yearly, there are half of the
population of Indonesian children still living in poverty (Rumble et al., 2018).
According to United Nations Population Fund (UNFPA) Indonesia (2021) stated
clearly to eliminate the child marriage by protecting the girls from facing the harmful impacts
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
such as safeguarding girls from premarital sex, protecting them from sexual harassment,
and/or escaping poverty. Child marriage is particularly affects the Indonesian Muslim girls
that they are encourage to marry between the age of 12 and 21. In 2020, Indonesia was
developed the National Strategy on the Prevention of Child Marriage with five dimensions:
optimizing the capacity of resilience for children to be able to serve as agents of change;
create a possible environment to prevent child marriage; increase the services; reinforce the
regulations and institutions’ capacity; and reinforce the cooperation with different
organizations to address child marriage by the representatives from government institutions,
NGOs, development partners, religious groups, academia, and youth groups was supported
by the UNFPA, UNICEF and many others intergovernmental organizations (Uchino, 2020).
The year of data collection of child marriage in Indonesia by UNICEF is 2017. Figure
3.1 shows the residence of Indonesia in child marriage. The percentage of girls aged 15 to 19
years who are currently married or in union living in the rural area is 14%; the urban area is
6%. The percentage of women aged 20 to 24 married or in union before age 18 living in the
rural area is 24%; the urban area is 10%.
Figure 3.1 Residence of Indonesia in child marriage.
(Source: UNICEF Data Warehouse 2016 – 2021Retrieved from
https://data.unicef.org/resources/data_explorer/unicef_f/)
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
3.2 Thailand
The estimated population of Thailand is 69 millions in the year of 2020 (World Bank
Group, 2022). The main religion practice by Thais is Buddhism, is a religion rooted for
centuries. Thailand is a parliamentary democracy with a constitutional monarchy
(Thaiembdc.org, n.d.). According to the World Back Group (2022), the Thai economic has
growth rapidly and has impressive poverty reduction in the past decades which created many
jobs opportunity, children have more opportunities to have higher education and organized
other benefits for the people. However, the World Bank Group (2022) mentioned the
economics growth slowly in the recent years especially since the pandemic struck in 2020
causing the economic impact severely affect the people that causing inequality includes
human trafficking, crime, corruption, social and political instability and child marriage
(OECD, 2021) happen.
Figure 3.2 shows the child marriage collection data in Thailand in 2019 by UNICEF
(2021) shown the percentage of girls between the age of 15 – 19 years who are currently
married or in union staying in rural areas is 12%; the urban area is 7%; the percentage of
women between the age of 20 – 24 years who are married or in union before the age of 18
staying in rural areas is 25%; the urban area is 17%. The percentage of boys between the age
of 15 – 19 years who are currently married or in union staying in the rural area is 6%; the
urban area is 2%. The percentage of Thai men between the age of 20 – 24 years who are
married or in union before the age of 18 staying in the rural area is 13%; the urban area is 7%.
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Figure 3.2 Residence of Thailand in child marriage.
(Source: UNICEF Data Warehouse 2016 – 2021 Retrieved from
https://data.unicef.org/resources/data_explorer/unicef_f/)
3.3 Marriage Laws Policy Reform
Since the year of 2018, Indonesia government had made a commitment by setting the
target of reduction of child marriage at national level in the National Medium-Term
Development Plan (RPJMN) 2020-2024 from 11.2% in 2018 to 8.74% by 2024 (Sharizal et
al., 2020). They pointed the analysis on Child Marriage data in 2018 indicated there is 1 out
of 9 girls in Indonesia was married. Instead, the data also shown that boy marriage is also a
child marriage’s trend happened in Indonesia too. According to Sharizal et al. (2020), The
government of Indonesia (GoI) had passed a new law Number 16 of 2019 as an amendment
to Law Number 1 of 1974 on Marriage in October 2019 that the minimum marriage age for
women increased from 16 to 19 years old. The study observed the Constitutional Court had
taken action in December 2018 to stop the child marriage’s age as a trend in Indonesia, which
stated the differentiation of the minimum age of marriage of women and men is an act of
discrimination by increasing the age of marriage as a priority in both genders. Furthermore,
the GoI follows the Sustainable Development Goals (SDGs) target 5.3 which to eliminate all
harmful practices such as child marriage by setting targets to change the child marriage
prevalence from 11.2% in 2018 to 8.74% by 2024; instead, the GoI has also made child
marriage prevention as a need of priority in developing a national strategy by decreasing the
25
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
child marriage prevalence. However, Sharizal et al. (2020) discovered due to the prohibition
of underage marriage, it is possible the increase numbers of the unregistered or hide child
marriage happen in the society.
In contrast, one of the main reasons of child marriage is a common tradition that still
happen in Thailand is because of the loophole in the marriage law. UNICEF (2015-2016)
argued that the Thai marriage law although applies to boys and girls but this practice had
overwhelmingly affected the girl’s future. According to OECD (2021), Thailand allows girls
to marry under the age of 18. Despite of the facts that since 2003 under the Thai marriage law,
no one under 17 can marry and sex with a minor is a prosecutable offence. However, a legal
loophole of law happen that there is no minimum age for marriage that allow the Muslim
communities to apply Islamic law to family matters for the Muslim girls to married once they
start menstruation (Ellis-Petersen, 2018). The ‘bride price’ practice is another common
culture and pressure the women and families into accepting early and child marriages
(Laiphrakpam et al., 2016).
In 2018, there was a child marriage case happened at the border of Thailand and
Malaysia that made both countries to reconsider to (re)amended the marriage law to increase
the marriage’s age of the child bride and child groom (Malaysiakini, 2018). The news by
Malaysiakini (2018) reported that a 41-year-old Kelantanese Muslim man had registered the
marriage with an 11-year-old Thai girl as his third wife in Thailand which considered illegal
in Malaysia that need an approval from the Syariah court although Muslim is allow legally to
polygamous marriage up to four wives even with an underage girl. However, a legal loophole
in Thai’s marriage law indicates is no legal marriage registration that simply allow a man to
marry with a (underage) bride easily without any legal action. Although child marriage needs
to be approved by a religious committee under the new Thai Islamic Marriage law since the
26
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
child marriage across Thai Malaysia border happened, but this new set of law indicates a
loophole that it does not hold any punishment for those who break it (Rodriguez, 2018).
3.4 Education
“Education makes us free.” (Daisakuikeda.org, n.d.)
Education is one of the most important tools to determine our future. A person with
education regardless level nor class could help us to distinguish right or wrong consequences.
Despite, education also can help us to avoid fallen into traps. Instead, education able to
provide us more economic support. One of the unfortunate trends such as child marriage
happen due to the lack of education that typically occur in rural areas. The following sections
will explore the lack of education circumstances increase the numbers of child marriage in
Indonesia and Thailand.
Since the pandemic started in early 2020, the increase rates of child marriage trend
happened in Indonesia had cause particular girls losing their opportunity to continue their
higher education due to school closure under the government reduction of human-to-human
connections activities. According to Andina (2021), the numbers of child marriage increase to
24,000 recorded by the Ministry of Women Empowerment and Child Protection (MoWECP)
Indonesia since the beginning of the Covid-19 pandemic until June 2020. Andina (2021)
indicates that child marriage happened especially in the poor and uneducated groups. School
closing in the pandemic is another factor lead to child marriage that some parents choose to
married their daughter(s) as one of way to remove family economic burden.
A study by Sakellariou (2016) revealed the main reason of child marriage could happen
in Indonesia is because of the education level a girl receive that determine her future.
Sakellariou (2016) compared the girls’ education levels and early marriage concluded that the
higher the education the girl receive the later the girl will marry which would allow them to
have a better access to jobs opportunity; furthermore, the study also revealed a girl from a
27
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
poorer educational outcome, the more earlier the girl would involves in early marriage.
Rumble et al. (2018) also stated that education is a strong protective factor against child
marriage and against other harmful marital preferences and attitudes that indicate that
promote girls’ completion of secondary schooling by establishing an equal policies could lead
to the decrease in child marriage happen in Indonesia. Their findings indicate that unmarried
females (aged 15 to 24) is potentially to stopped the practice of child marriage have the
attitudes of rejecting child marriage and would prefer to enter into joining partnership as
adults.
Education could determine a person’s future and could prevent child marriage from
happening that it is a protective factor for delay marriage. In Thailand, the higher the
education level the women or girl receive, the lower the percentage of women who married or
in union before the age of 18 with the current age of between 20 to 24. Figure 3.2 shown the
percentage of women married before the age of 18 in receiving the secondary and higher
education is 19%; primary education is 33%; and less than primary education is 31%.
According to Jahan (2008), child marriage was uncommon in those societies where
there was universal achievement of secondary school education. She emphasized on
education is a benefit for girls to realize their future that made them postpone their marriage
to a later one. She compared the family socio-economic status differences and found that
urbanization is the main source cause the delay of marriage which is strongly related to
educational continuation in Thailand. Furthermore, she argued that lower educational
attainment and fewer schooling opportunities cause the Thai female adolescents choose to
accept early marriage. UNICEF (2016) also strongly indicated delayed marriage is related to
living environment and status with educational continuation that Thai adolescents who stay in
urban areas had higher levels of education and delayed age of marriage to a latter one.
3.5 Child Prostitution Involves in Child Marriage
28
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
In chapter one mentioned that child prostitution is one of the types of child marriage
being highlighted that a girl is involved in a forced marriage temporarily for the purpose of
providing sexual services to the ‘husband’ (client). According to United Nations Human
Rights, OHCHR (2013), child sex tourism (CST) is the children as the sexual victims of
exploitation who travel to engage in sexual activities by offenders. OHCHR (2013) CST
involve child trafficking, child prostitution, child pornography and sale of children for sexual
exploitation that occurs in any tourism destination. This is one of the common trends happen
in Indonesia and Thailand under the sex tourism.
According to Moore (2020), Indonesia is one of the sex tourism destination countries
for human trafficking. It is estimated that there are at least 100,000 children and women are
trafficked each year in Indonesia; 30% are below the age of 18. Moore (2020) criticised the
loopholes of the weak implementation of Child Protection Act that there is little to no law
enforcement carried by the Indonesian government on its legislation to act against the
widespread of CST.
Thailand is one of the popular CST destination too. According to Milde (2013), there
are 30,000 to 40,000 Thai children under the age of 18 are exploited as prostitutes estimated
by ECPAT (2009). CST in Thailand can categorize into three categories i.e. children
trafficked or kidnapped from neighbouring countries, children sold or debt-bounded by
parents, and ‘free children’ work as prostitutes on a part time basis who living with their
parents (Milde, 2013; Montgomery, 2001a). Although prostitution is illegal in Thailand, the
Thai governments and brothel owner did not stop the industry as this is one of the extremely
profitable businesses (Reyes, 2015).
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Chapter 4.0 – Malaysia’s context
Malaysia is one of the Southeast Asian countries having thirteen states and three federal
territories under the federal constitutional monarchy separated into two regions, the
Peninsular Malaysia and East Malaysia on the Borneo’s island that practices parliamentary
democracy with constitutional monarchy under the rule of the King (Sultan).
Malaysia is a multiethnicities country consists of three main races Malays, Chinese
and Indian with other aborigines and indigenous peoples living together under the same roof
since the British colonization. Furthermore, Malaysia is having different linguistics, cultural
and religious diversity. Although the national language is Malay language, but English is one
of the common spoken and written language due to the British colony influential; different
Chinese dialects and Tamil are also as one of the common communication languages tools for
the community to interact. There are several different schooling settings such as public
schooling, private schooling, international schooling and Chinese independent high schools,
etc. The schooling systems in primary education and secondary education which are
compulsory for every citizens to enrolment from the age of seven to seventeen and eighteen
years old. Despite the fact that Islam is the (compulsory) religion for the Malays to practice,
other religions, for example Buddhism, Christianity, and Hinduism etc. are the religions
practice by others races freely.
As one of the United Nations member state, Malaysia has affirmed acceptance of the
Universal Declaration of Human Rights (UDHR) and also signatory to the Convention on the
Rights of the Child (CRC) indicate child marriage as a sign of violation that a child bride is
highly susceptible to abuse, poverty, and severe health issues; Malaysia government also
ratified in The Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) in 1995, however Malaysia had removed the legislative provisions on the
age of marriage that even the Child Act 2001 defines a child as 18 and above but this does
30
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
not applied to provisions on the minimum age of marriage for Muslim and non-Muslim of the
13 states in Malaysia (Lai et al., 2018). Many women’s rights groups, child rights agencies,
human rights bodies, etc., had repeatedly attempted the proposal to set the minimum age of
marriage at 18 but was rejected.
In January 2020, the Former Deputy Prime Minister and Minister of Women, Family
and Community Development Dato Seri Wan Azizah had proposed in a statement of strategic
plan to overcome the facts that cause child marriage. The main purpose of the plan is to
increase the public awareness, change the perceptions and stigma related to child marriage
happen in society. In the statement, she listed the six main reasons that cause child marriage
happened in Malaysia which are low income and poverty, lack of or no access in sexual and
reproductive health (SRH) and parental survival life skills, low education levels, stigma and
social norm on child marriage is the best choice to solve societal issue, the loopholes of
marriage laws causing lower age of marriage, and lack of coordination in marriage and
divorce data. Through carrying out the programs with different objectives, strategies and
programs to overcome the issue of child marriage in the coming five years which proposed
by her team are reinforcement of supportive program in the socioeconomic, efforts to
increase the age of marriage of a girl to 18, provide reproductive health services for girls and
boys, offers education programs for children who lack to access and strengthen the marriage
data coordination of Muslim and non-Muslim that include the lower age of 18. Despite, she
criticised the previous ministry did not centralized the child marriage statistics data which
involves in several agencies causing the difficulty to tackle the issue. However, this proposal
had failed to fulfilled due to a sudden change of the country unstable politics.
In the interview with the Malaysian opposition member of parliament (MP) Teo Nie
Ching who was the formal Deputy Minister of Education found out Malaysia is one of the
countries having child marriage that had deep rooted for centuries. According to Noor Aziah
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
(2018), child marriage – a form of gender discrimination happened due to the cultural and
traditional practices that existed for centuries, as a tool to strengthen the family status or
political alliances to stabilize society position. Furthermore, MP Teo mentioned there are five
main factors poverty, education, religious, anti-abortion and low civic engagement that
leads to child marriage become unsolved issues. She stated political view of society is one of
the most important elements in handling the issue of child marriage. Malaysia is still lacking
the common political view to solve the issue of child marriage. She criticised the society
unable to discuss child marriage openly in public because it is a controversial issue that
encourage to be happen.
According to Lai et al. (2018) found a child marriage recorded by the 2010 Population
and Housing Census that there were 152,835 persons aged 15-19 involved in a marriage in
Malaysia. The numbers of female married in child marriage is 80,195 (52%) more than the
numbers of male married in child marriage which is 72,640 (47%); and Malay Muslim
community is the most affected community compares to others ethnicity. In addition, Noor
Aziah (2018) obtained a set of 5,212 cases of married non-Muslim female children (16 to 18
years old) data from 2005 to October 2015. Although poverty is the main cause of child
marriage but Lai et al. (2018) stated the main driver for child marriage happened in Malaysia
is the social stigma carries regardless of whether it was a consensual act. Instead, Lai et al.
(2018) recommended a gender-sensitisation and education which focusing on raising
awareness of the harmful impact of child marriage and removing the patriarchal beliefs
among parents, religious leaders, policymakers and young girls by implementing a more
comprehensive sexuality education in order to combat the issue of teenage pregnancy and
ensure the youngsters are better equipped to access and demand for their rights.
4.1 Weak law enforcement
32
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
According to ECPAT International (2020), the inconsistencies between laws can create
loopholes where the state laws may coexist with customary norms and religious laws that
holding authority. The issue of child marriage happens in Malaysia still a problem the society
is facing due to lack of a strong law’s enforcement. There are a set of limited data reported by
the previous Deputy Women, Family and Community Development Ministry Hannah Yeah
shown that 14,999 child marriages were recorded between 2007 and 2017, 10,000 were
Muslims (Khaw, 2018). The statistics had also pointed out that Sarawak, the biggest states of
Malaysia is having the highest number of registered child marriage. Furthermore, Khaw
(2018) also mentioned the Child Rights Coalition Malaysia (CRCM) had recorded 900 child
marriage were approved in 2011 and 1,022 in 2013. Although Malaysian government was
putting effort to end the child marriage, however, the federal government unable to enforce a
ban on child marriage nationwide due to seven states which are Sarawak, Pahang,
Terengganu, Perlis, Negeri Sembilan, Kedah and Kelantan disagree with the legal
amendment; only other five states that agree with the law amendment are Penang, Sabah,
Johor, Melaka and Perak (Annuar, 2019). Instead, according to MP Teo, only Muslim MPs in
the parliament are eligible to propose overthrow the child marriage acts although the MPs can
debate related in the parliament. The reason is because marriage affairs issues, especially
Muslim marriage is in-charge by the Federal Islamic Affairs Agency, JAKIM (Zahid, 2021).
The Malaysia Law Reform (Marriage and Divorce) Act 1976 although had stated to
puts the minimum age of 18 for non-Muslim marriage, but girls can marry at 16 with an
approval of their state’s chief minister (Women’s Centre for Change, 2020). Meanwhile, the
minimum legal age of marriage for boys under the Islamic Family Law is 18, girls for 16, but
those under the legal age can seek Shariah court’s permission for marriage (Ahmed, 2018).
Malaysia politics had faced a backlashed in February, 2020 that changed to a ‘backdoor’
government without election. One of the efforts the Pakatan Harapan (PH) administration
33
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
were trying to end child marriage but the new government, National Alliance (aka. Perikatan
Nasional, PN) decided to legalized child marriage (again). According to the Minister in the
Prime Minister Department (Religious Affairs) Idris Ahmad that JAKIM would not raise the
legal marriage age for Muslim women to 18 as most of the states rejected the proposition
(Zahid, 2021). He stated at the People’s Assembly that the numbers of child marriage among
Muslims dropped after the introduction of a stricter standard operating procedures (SOP)
under the Syriah Courts, he added that there no need to amend the minimum legal marry age
from 16 to 18 years old (Liew, 2021).
4.2 Poverty
MP Teo stated poverty is one of the main factors contribute to child marriage. Although
the Malaysia’s official poverty rate dropped from 49% in 1970 to just 0.4% in 2016, however,
according to OHCHR reported in 2019 the actual national poverty rates are much higher than
official figures suggest.
One direct consequences of poverty, according to Unicef Malaysia (2018) is children
dropping out of school. Although students who study in the public school do not need to pay
for the tuition fees, but other expenses such as transportations costs, school uniforms, books
that force the low-income households’ children to stop schooling.
A child marriage in Malaysia’s study conducted by Noor Aziah (2018) indicates low
household income is the main drivers of child marriage happen in every ethnicity. Parents
from low-income households unable to provide financial support for their children in
education, they would choose for their children to be married, especially daughter(s). While
fathers typically employed with a low-income position, the mothers who were not employed
to provide a single penny to support family, the only choice for the family to choose is to
married their daughter to a more wealthier man who able to provide financial support to the
34
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
child marriage’s parents. Noor Aziah (2018) shows the parents benefited financially from
their daughter’s child marriage.
4.3 Sex Education and Sexual and Reproductive Health Service
The lack of access to sexual and reproductive health (SRH) information and services
cause the teenagers involve in unsafe sexual activities that directly contribute to young
pregnancies and lead to child marriage happen. According to Norton-Staal et al. (2020), the
information such as pertaining to safe sex, contraceptives, access to safe termination of
pregnancies, shelters for unwed mothers, baby hatches, and counselling services is widely
unknown based on a 2017 survey evidenced amongst adolescents. MP Teo criticised this is
because the ministry and the public are lack of civic engagements on handling young
pregnancies that the most easiest way to deal is through wedding even though they
understand wedding in a young age does not solve the teenage pregnancy issue.
According to Rahman et al. (2011), education regarding sexual and reproductive health
does not increase sexual activity, however, implementing sexual education is a taboo subject
for the people to discuss openly in Malaysia. Although the sexual education is included in the
physical and health education (PE) syllabus, however, in the interview, according to MP Teo
that some teachers replace the PE classes with other subjects in which they consider more
useful. Instead, compare to implement sexual education as a subject to teach, she pointed out
Malaysian parents would prefer a topic to be learn on that particularly sensitive issue
especially to the conservative family background’s parents who mostly affected by religion.
4.4 Conservative Culture and Religious
In the interview, MP Teo also mentioned religious influence, i.e., Islamic religion is
one of the causes of child marriage especially on Muslim girls. Based on a Quran story, a girl
aged only 14 years old is legalized to married to Prophet Muhammad indicate a notion of
puberty are used as proof of its legality and enabling such culture continue to practice that
35
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
obstruct to its total ban (Lai et al., 2018). In contrast, Lai et al. (2018) underline although
Quran does not indicate a specific marriageable age, but its does indicate the ability and
maturity to make judgement that puberty alone is insufficient to have a maturity for decision-
making as a marriageable age.
Lai et al. (2018) strongly pointed the main reasons causing child marriage happened in
Malaysia is due to the religious conservatism that deep rooted in the country. Noo Aziah
(2018) also mentioned child marriage is often justified through religious together with
customary practices influences by male-dominated ideologies. Girls always is the gender
generally have a lower permissible age of marriage or have an exemption to the minimum
marriageable age under both Islamic and civil laws in relations to the minimum age of
marriage in which boys do not face such a limitation. Furthermore, they also criticized it is
the conservative culture and religion in Malaysia that child marriage as the only legitimate
solution. Islam is often intolerant to premarital sexual relationship’s issue that further
propagated as the number one sin in the religious teaching that should be avoided at all cost.
They suggested the only way for the parents to avoid disgrace and for the girls to lead a
discrimination-free post-pregnancy out of wedlock life is to marry to boyfriend or father of
the unborn for the purpose to legitimize the relationship and protect the future of the child
bride.
36
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Chapter 5.0 – Conclusion
Child marriage is a violation of human rights that would affects a person’s entire life
regardless family background, genders, education levels, etc. Reviewing the previous
chapters’ contents pinpointed several reasons behind causing the child marriage incident
happen unstoppable, instead, the previous chapters also mentioned the effects of child
marriage especially in education perspective. Although poverty is one of the main causes of
child marriage but country with a weak law enforcement against child marriage made the
numbers increase to maximum especially when the country is facing obstacles made it harder
to control or to stop the disaster from happening such as the current pandemic – Covid-19.
Despite the implementation of the human rights laws regarding child(ren) and women had
clearly stated in different conventions that they are deserve the basic rights to be treated with
equity without bias, however, the limitation of the international laws and the country’s civil
laws causing child marriage still exist and gender discrimination happen without ending.
Furthermore, the research also discovers religious and culture is one of the factors
causing child marriage. Regardless types of religious, a tolerant religious able to help a
person to liberate from within, and enable to establish peace and happiness in their lives
(Ikeda, n.d.) but not controlling a person’s freedom of choice that limits her or his future
development. Culture suppose to be the expression of human creativity but not as a tool of
restriction. However, the authorities tend to use religious and culture that deepen the value of
patriarchal stigma by limiting a person’s freedom. Female – girls nor women is always the
gender to be victimised due to the biological and physical appearances that the duty is only
limited to stay at the private sphere.
“Our ability to respect others is the true mark of our humanity. Respect for other people is
the essence of human rights.” (Ikeda, n.d).
37
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
To realize the importance of the essence of human rights, through the community
cooperation with the implementation such as held different types of activities and campaigns
to increase the awareness and the value of contribution of child and women’s rights to the
society. Each of us are part of the important element in a society that should be appreciated
with our existence contribution. The violation of human rights activities such as child
marriage not only causing an imbalance of a country’s development, the gender
discriminations, for instance, different form of gender-based violence would persists if the
country nor community do not take any preventions of awareness to stop the violence from
happening thereby shaping this deep-rooted culture continuously unstoppable creating a
world with unfairness.
38
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
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Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Appendix
Sample: Informed Consent Form
Study Title: Child Marriage as a Violation of Human Rights: A Case Study of Malaysia
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understood about the objectives of the study, research design, procedures and methods of
protecting personal information. By signing below, I agree to participate in this research.
Please select the items () which you received explanation and understood.
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Participation in this research is voluntary
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44
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Email: luckhurst@soka.ac.jp
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45
Child marriage as a Violation of Int. Human Rights: A Case Study of Malaysia
Study Title: Child Marriage as a Violation of Human Rights: A Case Study of Malaysia
Lau Yaa Yuen
Sample Questions
Qualitative research Interviews Malaysian Opposition Members of Parliaments
Opposition Member of Parliament- Democratic Action Party (DAP):
1. What is the percentage of stateless children (force) to married in young age?
2. Possible to implement sex education in primary school to lower the percentage of
child marriage either in urban nor rural areas?
3. Did Malaysia education ministry implement any programs or projects to stop child
marriage happen or to increase the awareness about the danger of child marriage?
4. If sex education successfully convince the Malaysian society to implement, what
would be the contents of the sex education?
5. Which races in Malaysia has the most numbers in child marriage?
6. What would be the next approach as arguments to withstand with the 7 states that
against the will to prevent child marriage?
7. According to Malaysia marriage’s law allow the child marriage in different setting of
marriage’s law in Islamic laws, civil laws and customary laws, legal age of marriage
for Muslim and non-Muslim and aborigine. Is there any possible approach to change
the law order to increase the legal age of marriage (18 years old)?
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