Volume 13 - Special Issue on Human Rights and Citizenship Rights
MLJ 2019, 13 - Special Issue on Human Rights and Citizenship Rights: 353-365 |
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Zamani R, Saberian A, Rouhani Maghaddam M. Marriage Age and Its Status in International Instruments. MLJ 2019; 13 :353-365
URL: http://ijmedicallaw.ir/article-1-1253-en.html
URL: http://ijmedicallaw.ir/article-1-1253-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran. (Corresponding Author)
2- Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran. (Corresponding Author)
Abstract:
Background and Aim: Child Marriage has been repeatedly introduced as a harmful phenomenon in various books and articles. Many books and articles on the rights of children and spouses have been published in the international research space, but the common feature of these books and articles in the study of spouses with a statistical view in different regions and countries is clear. Existing international documents identify it as a clear violation of human rights and international statistics and studies show that the most vulnerable groups in this phenomenon are girls and children. The purpose of this study is to explain and analyze the concept of child marriage and its place in international and regional documents and resolutions of the current situation of the international community in the field of child marriage.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: The existing international approach in the field of child marriage considers poverty, deprivation of education and cultural and religious traditions as the main factors for the establishment of this phenomenon in the international community. This phenomenon can cause much harm to its victims, although the child of a spouse, regardless of gender, can also affect adolescent boys and expose them to many dangers and social and psychological harms. However, due to the large differences and differences in the rate of child marriage statistics among adolescent girls, this issue has received less attention due to its male victims.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Due to their responsibilities under various international instruments in the field of child marriage, especially international human rights instruments, countries that face this phenomenon more widely than other countries can adapt their domestic laws to the guidelines contained in these instruments to international standards in this field. Get closer and reduce the rate of child marriage and early marriages. International resolutions and conventions in this field, regardless of the binding or non-binding effect of these instruments on the members of the United Nations, can be the basis for the gradual development and extension of soft international law and customary rules and, consequently, the ratification of more binding treaties in this field.
Please cite this article as: Zamani R, Saberian A, Rouhani Maghaddam M. Marriage Age and Its Status in International instruments. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2019; 353-365.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: The existing international approach in the field of child marriage considers poverty, deprivation of education and cultural and religious traditions as the main factors for the establishment of this phenomenon in the international community. This phenomenon can cause much harm to its victims, although the child of a spouse, regardless of gender, can also affect adolescent boys and expose them to many dangers and social and psychological harms. However, due to the large differences and differences in the rate of child marriage statistics among adolescent girls, this issue has received less attention due to its male victims.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Due to their responsibilities under various international instruments in the field of child marriage, especially international human rights instruments, countries that face this phenomenon more widely than other countries can adapt their domestic laws to the guidelines contained in these instruments to international standards in this field. Get closer and reduce the rate of child marriage and early marriages. International resolutions and conventions in this field, regardless of the binding or non-binding effect of these instruments on the members of the United Nations, can be the basis for the gradual development and extension of soft international law and customary rules and, consequently, the ratification of more binding treaties in this field.
Please cite this article as: Zamani R, Saberian A, Rouhani Maghaddam M. Marriage Age and Its Status in International instruments. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2019; 353-365.
Type of Study: Original Article |
Received: 2019/01/31 | Accepted: 2020/11/29
Received: 2019/01/31 | Accepted: 2020/11/29
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