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Philippines Anti-Child Marriage Law

Philippines Anti-Child Marriage Law

The law prohibiting Child Marriage Law was signed by the Philippines President, Rodrigo Duterte. The said law, prohibiting child marriage and making it illegal in the country, came to force on 6 January 2022. The objective behind bringing the said law to force was because the right to choose spouse and right to get married are two of the most important human rights, i.e., rights that are inherent to the human beings not by some law, rather by the virtue of their birth.

Child marriage is a kind of child abuse since it diminishes the dignity and worth of children. This initiative to prohibit child marriages is a positive step in line with the International Covenant on the Rights of Women and Children. The Philippines ranks 12th in the highest number of child marriage index per the organization, namely, Plan International, a rights organization based in Britain. Before the child marriage prohibition law came to force, the consenting age of a child was 12 years, which was one of the prominent reasons for marriages in the Philippines of children, thereby leading to sexual harassment and sexual abuse. This was a major problem as there have been many cases, one of which included a man who impregnated a 12-year-old child to be acquitted, and the reason behind the said acquittal was that the child consented to the act.  

The new law has provided for strict penal punishment for anyone who marries a child or anyone who organizes such an act. The new law states that if anyone marries or cohabits with any person under the age of 18, then that said apprehender would be imprisoned the term of which would be 12 years, and the same punishment shall be accorded even to those who solemnize or organize such marriages. As stated previously, this new law is in consonance with the International Covenant on Women’s and Children’s Rights. In furtherance to this, another Bill has been passed in the Senate for raising the consenting age from 12 to 16 years. This indeed seems like progress, but it will be effective only through strict scrutiny, spreading awareness, and practical implementation.

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