Real Law or Cover Up: Pros and Cons of the SADC Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage

  • Adebola Olaborede
  • Ntandokayise Ndlovu
Abstract: 

This article critically examines the Southern African Development Community Parliamentary Forum Model Law on Eradicating Child Marriage and Protecting Children Already in Child Marriage. The article highlights the positive and forward-looking provisions of the model law and determines how best member states in the region can utilise it to combat the harmful practice of child marriage. The article also highlights the shortcomings of the Model Law, specifically the fact that it is a non-binding instrument with no legal obligation on member states; the challenge regarding its non-enactment by member states; and inadequate awareness and publicity of its content and scope in the region. This article contends that the practice of child marriage persists in Southern Africa, despite the international and regional human rights instruments prohibiting the practice. It is therefore submitted that a consistent effort must be made to eradicate this phenomenon by means of a various legal and non-legal measures proffered in the Model Law.

Keywords: child marriage, children’s rights, Sothern Africa, Parliament, Model law.

Volume: 
Speculum Juris Volume 34
Issue : 
Issue 3