THE government’s refusal to place legal curbs on child marriage sends a confusing and dangerous message the practice is permissible, even if it is not encouraged, women’s rights groups said.

This mixed message – combined with the Women, Family, and Community Development Ministry’s softly-softly approach – will not protect children, according to Kiran Kaur, advocacy officer for the Women’s Aid Organisation.

She said that while it is true that other approaches like education and awareness are crucial to addressing child marriage, these alone are inadequate.

She added that the government must introduce legal and societal reform to achieve sustainable and effective change, or soft approaches will end up being counterproductive.

Kiran said that as such, comprehensive laws that are in line with international standards must serve as a foundation for child marriage reform.

“Laws and standards will set a clear baseline for acceptable and unacceptable behaviour that does not leave room for dangerous interpretations.

“It is disturbing to note that these are the justifications used for allowing such a harmful practice to perpetuate, as it suggests that there is a grey area or a middle ground that can be achieved.

“Anything to the contrary may be paradoxical, and suggests that a child’s interest can still be protected within an institution that condones violations of autonomy, perpetuates a cycle of socio-economic disadvantage, jeopardises a child’s rights to education and healthcare, and puts children at risk of physical, sexual and emotional violence,” she said.

“The fact of the matter is that the best interests of the child lie in the complete legal prohibition of underage marriage, complemented and supported by effective policy response.”

Last week, Women, Family, and Community Development Minister Rina Harun – in a written parliamentary reply to Permatang Pauh MP Nurul Izzah Anwar – said the government had no plans to ban child marriage.

Rina said there are many different facets to be addressed in preventing child marriage, apart from modifying statutory clauses, adding that the ministry would address it through education, activism, strengthening of the family institution, and providing financial support.

Meanwhile, Sisters In Islam (SIS) said it is troubling to see the ministry charge take a step back in protecting children.

“We condemn Rina’s response, which also reflects the ministry’s reluctance in moving forward with the national strategic plan in handling the causes of child marriages, which was launched by the ministry on January 17, 2020,” SIS said, in reference to the plan developed by the then Pakatan Harapan (PH) government.

“Furthermore, Rina’s response also overlooked the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which Malaysia signed in 1995, and the Convention on the Rights of the Child (CRC), which Malaysia had signed in 1994, to protect the rights of women and children in the country,” SIS added.

Rina’s response to Nurul Izzah drew flak from several opposition MPs, who attacked the government’s unwillingness to tackle the issue.

They said the ministry was making up poor excuses and should instead continue the plans set in place by the previous PH government.

Child marriage has been a long-standing issue in Malaysia. According to Unicef, it is estimated that at least 1,500 child marriages occur each year.

SIS said child marriage is harmful to children because it affects their lives as youths and as adults. Those married off at a young age usually have limited access to education which traps them into a cycle of poverty, studies have found.

“Children who are married are also at risk of developing health complications and have a higher risk of maternal and infant mortality,” SIS said.

“How long do we have to wait until our children are protected? The ministry must take the issue seriously not only for the sake of our children’s future but also for the future of Malaysia as a developed and progressive nation.”

Meanwhile, All Women’s Action Society (Awam) welcomed the ministry’s alternative measures for preventing child marriage.

“To tackle child marriage, a multidimensional approach is needed, as this issue is perpetuated by socioeconomic factors,” Jernell Tan, Awam’s information and communications officer said.

“We thus applaud the ministry’s commitment to the national strategy plan on addressing the causes of child marriage,” she said

She said two such socioeconomic factors, poverty and lack of opportunity, are interlinked.

She said numerous studies in African and South Asian countries consistently found that low socioeconomic status is associated with lower marriage age for girls.

She added that this can be explained by child marriage being seen as an economic strategy to reduce pressure on low-income families, and provide and care for daughters at home.

Such a situation, Jernell said, is closely linked to limited access to schooling and quality educational opportunities.

“Hence, having subsidies that allow underprivileged families to send their daughters to school, and access to resources and opportunities that can be translated to longer-term opportunities are crucial in addressing these economic drivers of child marriage,” she said.

Awam said these approaches must be accompanied by effective monitoring and evaluation processes.

It also said the ministry should, nevertheless, have a specific timeframe towards legally prohibiting child marriages.

“This will enshrine and concretise our government’s commitment of zero tolerance against discrimination against children, especially girls,” she said. – April 3, 2022.