Zambia Amends Marriage Act to Combat Child Marriage

In December 2023, Zambia took a significant step in protecting children's rights by amending the Marriage Act to categorically prohibit child marriages under both customary and statutory law. This amendment aligns the legal age of marriage with the constitutional definition of a child as anyone under 18 years old.

Details of the Amendment

The revised Marriage Act eliminates previous provisions that allowed marriage of children as young as 15 under certain conditions. The amendment now unequivocally sets the minimum age for marriage at 18, without exceptions, thereby closing legal loopholes that permitted child marriages under customary rites.

Legal and Social Implications

Director of Public Prosecutions (DPP) Gilbert Phiri emphasized the gravity of child marriage, citing alarming statistics from UNFPA and UNICEF. He highlighted that prior to this amendment, Zambia's legal landscape was fraught with inconsistencies, including a loophole allowing child marriages under customary rites. The DPP stressed the critical role of effective enforcement, collaboration, and coordination across sectors in implementing this legal reform.

Implementation and Enforcement

The National Prosecution Authority, through its Gender-Based Crime Department, is committed to holding perpetrators accountable and ensuring that child marriage becomes an unthinkable relic of the past. Stakeholders are urged to engage in open dialogue, fostering a multi-sectorial approach to ensure comprehensive implementation of the amendment.

Conclusion

The amendment to the Marriage Act represents a significant advancement in Zambia's efforts to protect children from early and forced marriages. By harmonizing the legal age of marriage with constitutional definitions and eliminating previous exceptions, Zambia strengthens its commitment to upholding children's rights and promoting their well-being.

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JUSTICEFACE Ai
JUSTICEFACE Ai
Avocat IA professionnel