Under the guidance of the Egyptian Prime Minister, Mostafa Madbouli, the Cabinet of Ministers has approved a new draft law that solidifies the prohibition of child marriage. The draft law will criminalize underage marriage due to children’s lack of health and mental abilities to bear the responsibilities associated with marriage.
The draft law is in line with the provisions of the articles of the constitution and contributes to curbing this negative phenomenon.
Child marriage is a crime and in addition to its negative impact on society, it lacks adequate healthy development to bear the consequences of marriage, whether male or female.
According to the Central Agency for Public Mobilisation and Statistics (CAPMAS), approximately 18,000 women got married before the age of 16, representing 15 percent of girls who got hitched before the legal age of marriage.
The Ministry of Health and Population also reported that 500,000 children are born every year to adolescent mothers.
The draft law also prohibits the authentication of a marriage certificate for any person below the age of 18 years old. Accordingly, every person who participated in the marriage of a minor, younger than 18 years old, will be punished with five years imprisonment and a fine of an EGP 100,000-200,000 (USD 5,000-10,000).
The draft law obligates the Maazoun or Marriage Officer to notify relevant authorities of any incident of a customary marriage where one of the parties happens to be a child under 18 years old at the time of authentication.
It is stated that a penalty of imprisonment of no less than one year in addition to a fine between EGP 50,000-200,000 (USD 2,000-10,000) shall be inflicted on any Marriage Officer who authenticates the marriage of a male or female, neither of whom has reached 18 years of age.
Whoever instigates this crime shall be punished with the same penalty even if the ceremony has no effect.
The child in these cases shall not be held criminally or civilly liable for this crime, however, the criminal case arising from this crime shall not expire over the course of time.
In 2014, Egypt adopted the National Strategic Plan (NSP) for the Prevention of Early Marriage led by the National Population Council (NPC). The plan aims to “reduce the prevalence of child marriage by 50 percent within a five-year period”.
The Egyptian government has shown an effort and determination to prohibit the phenomenon of child marriage by making legal and institutional frameworks strict. It also creates adequate societal awareness as to the dangers of under marriage.
In an official statement, the Egyptian Cabinet explains the importance of ending the continued practice of child marriages, stating that “that child is not qualified psychologically, culturally, mentally, and physically to be responsible for a family and raising children, explaining that underage marriage is an attack on childhood.”
Government policies have even directed legislators to intervene in an effort to prevent these harmful practices against children.
