Child marriage and the law: Technical note for the global programme to end child marriage

Summary

The technical note explains how different legal systems and provisions shape efforts to prevent child marriage and protect children already in marriage. It outlines the core legal standards on minimum age and consent, examines the challenges of criminalizing child marriage, and describes how statutory, customary and religious laws often conflict in practice. The note draws on global evidence and country experiences to show that laws are essential but insufficient on their own when enforcement is weak or when punitive measures create unintended harms. It highlights the importance of harmonized legislation, stronger civil registration, child-friendly justice systems and coordinated efforts that link legal reform with social norm change and access to services for adolescents.

Purpose

The note aims to help practitioners working under the Global Programme to better understand how laws influence the prevention and response to child marriage and to support them in developing more nuanced, rights-based strategies. It clarifies legal concepts, identifies common gaps and complexities, and provides guidance on how legal reforms, enforcement mechanisms and supportive services can work together. It also seeks to ensure that country teams and partners can navigate plural legal systems, advocate for stronger protections, and avoid approaches that may undermine community engagement or restrict adolescents’ rights.

Audience

• UNFPA–UNICEF Global Programme to End Child Marriage and their implementing partners.
• Policymakers, programme managers, civil society organizations, and justice-sector actors who engage in legislative reform, legal advocacy, and the application of child-marriage laws across civil, customary and religious systems.