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

Objectives

The note seeks to clarify how laws across civil, family and criminal systems shape efforts to end child marriage and how these legal frameworks interact with customary and religious norms. Its aim is to help practitioners understand the core elements of child-marriage legislation, the complexities of criminalization, and the need for comprehensive reform that aligns minimum-age standards, consent requirements and justice mechanisms. It also intends to guide programme teams in identifying gaps in legal frameworks, navigating plural legal systems and strengthening approaches that balance statutory protections with community-based strategies. Ultimately, the note supports the Global Programme to End Child Marriage by explaining how legal reforms, enforcement practices and supportive services can work together to protect adolescents’ rights and reduce harmful practices.

Findings

The note shows that establishing 18 as the minimum legal age of marriage and ensuring free and informed consent are central pillars of effective legislation, yet many countries maintain inconsistencies across civil, customary and religious laws. It highlights that criminalizing child marriage alone rarely reduces prevalence and can create unintended harms, including driving the practice underground, exposing adolescents to stigma or prosecution, and destabilizing families.

Evidence from multiple countries illustrates that enforcement is often weak due to limited registration systems, lack of age verification, conflicting laws and inadequate awareness among officials and communities. The note finds that plural legal systems complicate implementation, with customary and religious norms often overriding statutory protections. It emphasises that comprehensive reform requires harmonized laws, strengthened civil registration, child-friendly justice systems and broad stakeholder engagement. The analysis also underscores that punitive approaches must be balanced with measures that protect adolescents’ evolving capacities, ensure access to health and education services, and support community-led norm change.

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.