Informed Consent and Preventing Loss of Innocence: Child and Forced Marriage in the United States
摘要
Globally, child marriage impacts disproportionately on girl children. Around 12 million girl children are married before reaching 18 years of age, some 200,000 estimated to be in the United States (US). Girls face the prospect of relinquishing any educational programs and prospects they may otherwise have enjoyed; confronting early pregnancy before their bodies are sufficiently mature; suffering the abuse of criminal assault at home and other forms of domestic violence, including marital rape; facing the obligations of motherhood when they are in continuing need of themselves being mothered; and, most graphically, suffering the ending of their lives at the hands of the individual to whom their lives have been entrusted. In the US, marriage is covered by state law with variations between states although there are moves in some jurisdictions at least toward setting the legal age of marriage at a uniform 18 years. There are no laws at the federal level to condemn child marriage (below 18 years) and even where legislation is introduced on a state level, this does not address the issue of forced marriage to which girls and women can be subjected at any age. This chapter begins from the recognition that the US, albeit a signatory to the Convention on the Rights of the Child, has not yet ratified it despite CROC having been in existence since 1989 and UNICEF recording it as “the most widely ratified human rights treaty in history”. It then canvasses the action or lack of action undertaken by the US federally and the various states to outlaw and end child marriage, and to work effectively to halt forced marriage. The chapter also addresses the overwhelmingly negative consequences of child and forced marriage to the children and women so imposed upon, and the retrograde consequences for the community, society and US as a whole when this grievous crime against humanity is not only tolerated but encouraged by some US jurisdictions. In summary, the chapter examines the impact of lack of informed consent to marriage, how the laws in the US are failing minors, and practical solutions to better protect young girls.