In the Northern part of Nigeria, Child marriage is often arranged as a response to a crisis. It is a traditional practice considered by families and communities to be the best way to protect their children. This is usually as a result of unwanted pregnancies outside marriage, fear of rape and sexual violence, and fear of family shame and dishonor. According to a report by UNICEF, Nigeria has the eleventh highest incidence of child marriage in the world, and the third-highest number of women married or in a union before the age of 18 in the world. Child marriage is a common practice in the North-Western and Eastern parts of Nigeria, with 68% and 57% of women between ages 20-49 were married before their 18th birthday (Girls Not Brides, 2020). Child marriage is common among the Hausa ethnic group in Nigeria. It is also widely known in rural and poor households and driven by religion, poverty, weak legislative frameworks, and gender discrimination.
The Nigerian law has also set conflicting laws that have complicated legal issues in determining marriageable age for a girl-child. The Child Rights Act 2003 passed into law describes a child as an individual who has not reached the age of eighteen years. But, according to Article 2 of the Children and Young Persons Act, passed in Eastern, Western and Northern regions, describes a child as an individual under the age of fourteen years, while ‘young person’ signifies as a person who has reached the age of fourteen years and is under the age of seventeen years. Also, the Immigration Act specifies that any person under 16 years is a minor, although the Matrimonial Causes Act sets the age of maturity at 21. However, in Northern states, for penal responsibility, Article 50 of the Penal Code: “No act is an offense which is done by a child below seven years of age; or by a child above seven years of age but below twelve years of age who has not reached the maturity stage to understand the nature and consequence of such act”(Nwonu and Oyakhiromen, 2014).
The
question of whether child marriage is legal or not is addressed in the Child’s
Rights Act of 2003, where it is stated that the age of consent for a child is
18 years old. Although, this has not stopped parents from arranging marriages
for their children. A lot of underage girls in Northern Nigeria whose
reproductive system is not prepared for sexual activities and childbirth are coerced
by their parents into marrying older men. For this reason, their future is truncated
since their life goals and future ambitions are no longer achievable. They are
unable to attend school and are expected to start giving birth and taking care
of children. Considering the huge age gap between the girls and their husbands,
they are mostly exposed to domestic violence and psychological abuse. Most
underage girls forced to give birth are exposed to diseases and health
conditions and sometimes death during childbirth.
The
Northern culture does not permit women to take decisions without the input of
their husbands. This is one of the reasons most young girls may not be able to
seek medical care when they are sick because they need the permission of the
husband who bears the cost since they are not financially independent. Studies
indicate that most young girls in Northern Nigeria undergo the following often;
STDs, VVF, hard labor, and cesarean tear (Allen and Adekola,
2017). STDs is the mostly treated in both male and female and this is because
of the increased rate of polygamy in the region where the child brides have
other co-wives (Allen and Adekola, 2017). Another problem is that most women do
not have access to sexual and reproductive health services because their
husband forbids it. Also, the use of contraceptive methods such as pills, injectable,
implants, or condoms in northern Nigeria is rarely used. This is because of the
religious belief that Allah is the giver of children and they can give birth to
as many as God would give them.
Several
measures have been proposed by the government and other NGOs to address child
marriage and its health implications, but it is still ongoing due to cultural
and religious practices in Northeastern Nigeria. Child marriage in Northern
Nigeria is mainly culturally, and religiously driven therefore the support of
traditional rulers and religious leaders is required to stop such practice. To
effectively eradicate child marriage, government and NGOs need to collaborate
with the key players in this region and encourage the parents to allow their
children to continue their education and delay marriage till the girls attain
marriageable age.
Allen, A. A., &
Adekola, P. O. (2017). Health implication of child marriage in north-east
Nigeria. Analele Universităţii din Oradea, Seria Geografie, 27(1), 54-61.
Girls Not Brides What's the
Child Marriage Rate? How Big of An Issue Is Child Marriage? https://www.girlsnotbrides.org/child-marriage/nigeria/
(accessed December 2020).
Nwonu, C. O., &
Oyakhiromen, I. (2014). Nigeria and Child Marriage: Legal Issues,
Complications, Implications, Prospects, and Solutions. JL Policy &
Globalization, 29, 120.
Hi Oyinade, Thank you for your informative article! Very well researched and written. I am curious as to how the practice of underage marriage is seen as a prevention to rape, and how far the thought of protection against sexual violence can be mediated by marriage. I understand that by privileging sexual relations within the confines of marriage may lessen the rate of sexual violence, it by no means can eradicate the practice alone. As expressed in class, issues of sexual violence are often dismissed in Southern Developing nations as "private family matters". I wonder how NGO's can navigate the preexisting structure of familial relations as (hopefully) gender relations can shift the average marriage age of girls closer toward the age of 18 in the future.
ReplyDeleteHi Oyinade! This is a fascinating topic! Indonesia also faces a similar problem in terms of regulations on child marriage. While the Law on Child Protection defines children as someone who is under 17 years old, the Marriage Law states that the minimum age of women to get married is 16 years old. This situation implies that girls are considered adults once they get married, although they are actually children. Similar to Nigeria, efforts to overcome this problem are hampered mostly by religious and cultural institutions. I agree with you that governments and other stakeholders, such as NGOs, should work collaboratively to address cultural and religious barriers that inhibit our efforts to eradicate child marriage.
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