May 28 2013
CNN: Will Saudi Arabia end child marriage?
Three years ago, 12-year-old Fatima was “sold” into marriage to a man more than four times her age. Her father, unemployed and addicted to drugs, sold her into wedlock for about $10,500, money that he then used to buy himself a car. You might be asking yourself how this possible. The answer – because there is no minimum age of marriage law in Saudi Arabia.
But Fatima didn’t give up. With the help of Equality Now, her uncle and our Saudi partners, Fatima beat the odds earlier this year to secure something many thought was impossible given the cultural norms she was pushing up against – a divorce. And with new regulations being considered that would effectively set a minimum age for marriage of 16, Saudi Arabia may finally be taking the steps necessary to ensure that children like Fatima are spared a similar ordeal.
After years of debate, the Ministry of Justice has drafted regulations setting 16 as the minimum age of marriage in the Kingdom. If a girl is under 16, her mother’s approval must be received. If a male guardian applies, a designated court of marriage must also approve the marriage before consent can be given. The girl must also be medically and psychologically fit, and there is a provision that the marriage must not be expose her to danger (although these requirements are not elaborated on). The proposals will now be discussed by the Shura Council (the consultative assembly), the cabinet and various governmental committees. A timetable for their passage has not been announced.
Clearly, the draft regulations are only a start, and the exemptions to the minimum age are still troubling. But in a country where the male guardian had absolute power in deciding a girl’s fate, the proposed legislation is a welcome step in the direction of recognizing the discrimination inherent in the male guardianship system.
The draft regulations also help the Saudi government move toward fulfilling its international human rights obligations in relation to ending child marriage, which it should implement without delay. But it should also press forward and work to meet the internationally recognized standard of a minimum marriage age of 18.
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