Grenada abolishes child marriage, SVG should follow suit
EDITOR: Last month, Grenada joined a growing number of independent English-speaking Caribbean countries in raising the minimum age of marriage to 18 years old, thus in effect abolishing child marriage.
However, St Vincent and the Grenadines (SVG) continues to lag behind in pursuing legal reform in this area.
In its 2017, “Concluding observations on the combined 2nd and 3rd periodic reports of Saint Vincent and the Grenadines: Committee on the Rights of the Child”, the United Nations Committee on the Rights of the Child urged SVG to “expeditiously take measures to amend the Marriage Act (1926) to raise the minimum age of marriage to 18 years for girls and boys, as part of the ongoing process of harmonizing national legislation with the Convention”.
The law that governs the solemnization of marriage in SVG is its Marriage Act.
Persons who have reached the age of eighteen and are either a widower or widow may freely marry.
However, persons under the age of eighteen, who desire to marry, need to have the consent of their parent/s, guardian/s, or, in some cases, the Court’s approval.
According to the Marriage Act, the minimum age when a female can get married with consent is fifteen years and for males, it is sixteen years. Under this Act, the consent of the father is given priority over the mother. Where the father is dead or if there is no lawful guardian, then the mother of the child can give consent for her child’s marriage to move forward.
If the parent or guardian of the minor whose consent is necessary is non compos mentis, or unreasonably withholds consent to the marriage of any person, either party to the intended marriage may refer the matter to a Judge of the High Court who has the power to issue a certificate granting consent to the marriage between the intended parties.
SVG has an obligation to respect, protect, and fulfil human rights at the international and domestic levels. Amongst other things, this obligation means that it must proactively examine the issue of child marriage and make the requisite changes to the relevant laws in order to effectively address the issue of child marriage.
Even if child marriage is not currently a widespread issue in SVG, the law provides an avenue for children to be abused and exploited.
Child marriage should be illegal, and stiff penalties should be provided to deter adults or other persons who may try to force, pressure, or allow children to enter these marriages.
Again, I call upon the State of SVG to raise the minimum age of marriage to 18 and abolish child marriage, once and for all.
SVG should take a lesson from Grenada and/or other independent English-speaking Caribbean countries and raise the minimum age of marriage.
Jeshua Bardoo: lawyer, human rights activist, writer, and NGO leader.
