Libya

There is no publicly available government data on child marriage in Libya.

According to data collected by Al-Araby Al-Jadeed from the Tripoli Courts, between 2011 and 2017 there were 186 child marriages registered in Libya, specifically in Tripoli. However, since 2012, the official authorities do not have statistics on the marriage and divorce rates in the country due to the Libyan crisis.

Child marriage is driven by gender inequality and the belief that women and girls are somehow inferior to men and boys.

There is very limited information on child marriage in Libya.

In 2015 there were reports of young girls in Derna being married off to ISIS soldiers as a way to protect them.

Libya has committed to eliminate child, early and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals. Libya submitted their first Voluntary National Review for the High Level Political Forum in 2020 but there was no mention of child marriage.

In 2014, Libya signed a joint statement at the Human Rights Council calling for a resolution on child marriage.

Libya acceded to the Convention on the Rights of the Child in 1993, which sets a minimum age of marriage of 18, and acceded to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1989, which obligates states to ensure free and full consent to marriage.

In 2000 Libya ratified the African Charter on the Rights and Welfare of the Child, including Article 21 regarding the prohibition of child marriage.

In 2004 Libya ratified the African Charter on Human and People’s Rights on the Rights of Women in Africa, including Article 6 which sets the minimum age for marriage as 18.

Under the Law No. (10) of 1984 on the provisions concerning marriage, divorce and their effects, the minimum legal age of marriage in Libya is 20 years. However, a girl or boy under the age of 20 may get married with court authorization if they have the consent of their parent or guardian.

Marriage rules are also governed by Sharia law. In 1969, both Sharia and civil courts were merged to deal with family matters. The Personal Status Law governs marriage procedures, inheritance and divorce but the principles of this piece of legislation are rooted in Islam.

Under the Great Green Charter of Human Rights, Principle 21, marriage in Libya is viewed as an equitable association and marriage against that person’s will is frowned upon. Article 25 of the Consolidation of Freedom Law No. 20 of 1991 states that both men and women are equal, and this legal provision prohibits forced marriage for young boys and girls.