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“This Old Man Can Feed Us, You Will Marry Him”
Child and Forced Marriage in South Sudan
Summary
Methodology
I.
Women’s and Girls’ Rights in South Sudan, Government Efforts to
Protect Them
Marriage and
Divorce
Limited
Access to Education
Reproductive,
Maternal, and Child Health
Violence
against Girls and Women
II. Factors
Contributing to Child Marriage in South Sudan
Dowry
Poverty
Tradition
and Culture
Lack of a
Strong Legal and Policy Framework
III. Impact
of Child Marriage on Women and Girls
Violence
Violence to
Force Girls to Marry
Girls
Murdered for Resisting Forced Marriages
Suicide
Violence in
Marriage
Leaving
Violent Marriages
Limited
Literacy, Access to Education
Denial of
the Right to Full and Free Consent to Marriage
Health
Consequences
Obstetric
Fistula
Limited
Access to Contraception
Limited
Access to Health-Related Information, Inability to Make Healthcare Decisions
Mental
Health Consequences
IV. No
Protection, No Justice for Child Marriage Victims
Impunity for Sexual and Gender-Based Crimes
Lack of
Shelters
Lack of
Coordination amongst Relevant Government Ministries and Agencies
Poor
Monitoring of Cases
Gaps in the
Law and Conflicts between Laws
Customary
Law Challenges
Punishment
for Adultery and Offences not Defined in Law
Birth and
Marriage Registrations
Lack of
Awareness about Rights and Information on Where to Seek Help
Lack of
Family and Community Support
V.
International Legal Obligations Regarding Child Marriage
Right to
Equality and Non-Discrimination
Right to
Free and Full Consent to Marriage, and to Choose a Spouse
The Right of
Children to Express Their Views Freely
The
Obligation to Enforce a Consistent Definition of a Child, a Minimum Age for
Marriage, and Birth and Marriage Registration
Right to
Health
Right to
Education
The Right to
be Free from Physical, Mental, and Sexual Violence
VI. Good
Practices in Ending Child Marriage
A Global
Perspective
International
Response to Child Marriage
VII.
Recommendations
To the
President of South Sudan
To The
Ministry of Gender, Child, and Social Welfare
On a
National Action Plan to End Child Marriage
On Improving
Coordination, Investigation, and Response to Child Marriage Cases
On
Protection of Girls Seeking Help from Forced Marriage and Domestic Violence
On
Increasing Awareness about Child Marriage in Communities
To The
Ministry of Justice
On Lack of
Comprehensive Family Legislation
On
Addressing Gaps in Current Laws Governing Marriage and Related Matters
On
Strengthening South Sudan’s Human Rights Framework to Protect Women
To the
Judiciary
To the
Ministry of Justice and Ministry of Interior
To the
Ministry of General Education and Instruction
On Improving
Girls’ Access to Formal and Non-formal Education
On
School-Based Human Rights Education, including Comprehensive Sexuality
Education
To the
Ministry of Health
To the South
Sudan Human Rights Commission
To NGOs and
Civil Society Organizations
To United
Nations Agencies (especially UN Women, UNFPA and UNICEF),and International
Donors(especially
USAID, DFID, the EU, and the Joint Donor Team)
Acknowledgements
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