Fact-sheet Regarding Early Marriage in The Gaza Strip
The United Nations (UN) Defines the early marriage, child marriage, as: "any marriage where at least one of the parties is under 18 years of age." The UN considers early marriage as a manifestation of forced marriage, as it defines the last as: "The marriages in which one and/or both parties have not personally expressed their full and free consent to the union." Thus, the early marriage could not be perceived but as a forced marriage since a minor cannot express her/his will consciously and freely.
Early marriage is one of the negative phenomenon in Palestine. According to the latest available statistics, it reaches among females to 20% in 2017; 19% in the West Bank, and 21% in the Gaza Strip. [1] However, such statistics are deemed a drop in comparison with the statistics of the last decade; the early marriage was 24% among females and 1,5% among males in 2010.[2]
The Palestinian President issued a Law by Decree No (21) of 2019, which stated in its first article: "eligibility for marriage shall be for sane persons only whose age 18 years or above." Article 3 of the same law states "despite whatever stated in any other applicable laws, the provisions of the law herein shall be applied." This law practically abolishes any provision allows the marriage of any person under 18 years old; the laws in force in West Bank (Personal Status Law of 1976) and the laws in force in the Gaza Strip (Family Law of 1954, and Hanafi Doctrine). However, the Law, which was and still very publicly controversial, [3] provides one exception. The court may approve the marriage of those under 18 years, provided on a permission from the Supreme Judge of Palestine or any other religious references of other religions. Unfortunately, this law has not been applied in the Gaza Strip due to the Palestinian political division. [4]
This factsheet demonstrates facts about early marriage in the Gaza Strip under five points: International Law attitude; Palestinian Law practically in force in the Gaza Strip attitude; early marriage statistics in the Gaza Strip; factors contribute in the early marriage occurrence in the Gaza Strip and the striking consequences of the early marriage.
First: International Law attitude
The existence of early marriage in Palestine is deemed as a violation to Palestine obligations on the international level pursuant to a set of conventions acceded by the Palestinian state since 2014.
Provision (2) of article (16) of the Convention Against all Forms of Discrimination Against Women of 1979 (CEDAW) states " 2. The betrothal and the marriage of a child shall have no legal effect,.." The child is defined according to article (1) of the Convention of the Rights of the Child as: "child means every human being below the age of 18 years.." Thus the Palestinian laws that permits child marriage are a failure to respect the Palestinian obligations under this convention.
As the early marriage is one of the manifestation of forced marriage as explained earlier, so early marriage also contradicts to Palestinian obligations under provision (3) of article (23) of the International Covenant on Civil and Political Rights of 1966, and provision (1) of article (10) of the International Covenant on the Economic, Social and Cultural Rights of 1966, as both stipulates free and conscious will for marriage decision. Thus, Palestinian laws that permit early marriage is a failure to respect obligations under both covenants.
Second: Palestinian Law practically in force in the Gaza Strip attitude
The Palestinian Law permits the marriage of persons under 18: Article (5) of the Palestinian Family Law of 1954, which stipulates that the proposed shall be 18 years or above, and the pride shall not be less than 17 years. However, articles (6, 7) of the same law authorized the judge to permit minors to get married if they claim that they physically adults and that was clear from their appearance. Article 8, on the other hand, sets a minimum age for marriage that shall not be exceeded, as it states: "it is prohibited to execute the marriage of a male under 12 or a female under 9.
The existence of an administrative decision that raises the minimum marriage age but not prohibiting child marriage: The administrative decision No (87) of 1995, issued by the Sharia Judicial Council, limits the authority to execute the marriage of children. It provides a minimum age for females as 15 J.D years (14,55 A.D years) and 16 J.D years (15,52 A.D years) for males. Thus, a sharia judge in the Gaza Strip can execute the marriage of any male whose age 15,52 A.D years and any female whose age 14,55 AD years.
The Penal Law does not provide protection against Early marriage: The Palestinian Penal Law of 1936 (in force in the Gaza Strip) outlaws any person who execute the marriage of a female under 15 shall be deemed as a misdemeanor sentenced by 6 months. Should the consummation of marriage is occurred, the sentence shall be enhanced to two years. However, should the executor of the marriage acquire a medical certificate approve the adulthood of the groom from a competent authority, the execution of the marriage is deemed lawful. [5]The law, also, criminalizes anyone who proceeds marriage or helps in proceeding the marriage of a female under 18 without the permission of her guardianships. [6]Thus, the Palestinian Penal Law in force in the Gaza Strip does not provide protection against early marriage for female children, even those under 15 years. It provides only protection for females children from marriage without the consent on their guardianship.
Third: Early marriage statistics in the Gaza Strip
- Early marriage is profoundly common among females than males in the Gaza Strip. Its average among males 2% and among females its average is 21%.[7]
- The highest rate of early marriage in the Gaza Strip is in North Gaza, among both sexes. The early marriage rate in 2017 among females was 25% with 871 cases; in 2018, it was 29% with 838 cases; in 2019, it was 25% with 838 cases. The rates among males was 3% in 2017, with 104 cases; in 2018, it was 3% with 86 cases and in 2019, it was 3% with 92 cases. [8]
- The lowest rate of early marriage in the Gaza Strip is in Middle Gaza, among both sexes. The early marriage rate in 2017 among females was 12% with 273 cases; in 2018, it was 11% with 222 cases; in 2019, it was 10% with 262 cases. The rates among males was 1% in 2017 with 28 cases; in 2018. it was 1% with 18 cases and in 2019, it was 1% with 19 cases. [9]
The rates of early marriage can be arranged in descending order as follows: North Gaza, Gaza City, Khan Yonis, Rafah, and Middle Gaza. [10]
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Early marriage rates and numbers in the five governances of the Gaza Strip from 2017 to 2019[11] |
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|
Sum |
North Gaza |
Gaza |
Middle Gaza |
Khan Yonis |
Rafah |
Early marriage number and rates from total marriage cases |
|||||||
|
Fem |
Male |
Fem |
Male |
Fem |
Male |
Fem |
Male |
Fem |
Male |
Fem |
Male |
||
|
3692 21% |
288 2% |
871 25% |
104 3% |
1611 25% |
108 2% |
273 12% |
28 1% |
636 20% |
32 1% |
301 15% |
16 1% |
2017 |
|
|
3269 21% |
238 2% |
872 29% |
86 3% |
1332 24% |
94 2% |
222 11% |
18 1% |
549 18% |
26 1% |
294 17% |
14 1% |
2018 |
|
|
3201 18% |
246 1% |
838 25% |
92 3% |
1302 21% |
75 1% |
262 10% |
19 1% |
486 15% |
38 1% |
313 15% |
22 1% |
2019 |
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Aisha Association for Women and Child Protection aspires to play a leading role in promoting gender justice, protecting and empowering women, children and adolescents who are survivors of violence and people with disabilities to be active participants in sustainable community development.
