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2025 U. Oxford Hum. Rts. Hub J. 1 (2025)

handle is hein.journals/uoxhruj2025 and id is 1 raw text is: 









  Coming of Age: The Adoption

    of 18 as the Legal Minimum

                Age of Marriage



            Jacques  Hartmann and Reem Alhasawi*



Abstract

This article explores the evolution of international law regarding the
minimum   legal age for marriage, highlighting existing discrepancies and
gaps. Although several treaties indirectly address child marriage, only the
Convention on  the Elimination of All Forms of Discrimination Against
Women explicitly mentions  'child marriage', albeit without specifying a
minimum   age. Conversely, the Convention on the Rights of the Child
defines the term'child' but does not address marriage. Through an analysis
of the relevant treaties, comments from treaty bodies, and practices, the
article identifies 16 as the current de facto minimum legal age for marriage,
with a movement towards 18 years of age.

Keywords:  International law, Child marriage, Legal age for marriage,
Human   rights treaties, Treaty analysis, Subsequent practice



1.      Introduction: Child Marriage and the Lack of
                  a Clear   InternaionalStandard


Child marriage is a global issue affecting several regions, cultures, and



* Professor Jacques Hartmann is a Professor of International Law and Human Rights, School
of Law, University of Dundee. Dr Reem Alhasawi is an Assistant Professor at Kuwait
University's College of Law (Department of International Law). The authors gratefully
acknowledge helpful comments made on earlier drafts of this paper from Dr Linde Lindkvist,
Lund University, Dr Tracy Kirk, the University of Stirling and colleagues from the School of
Law, University of Dundee. The usual disclaimer applies.