Fact-sheet Regarding Early Marriage in The Gaza Strip

The United Nations (UN) Defines the early marriage, child marriage, as: "any marriage where at least one of the parties is under 18 years of age." The UN considers early marriage as a manifestation of forced marriage, as it defines the last as: "The marriages in which one and/or both parties have not personally expressed their full and free consent to the union." Thus, the early marriage could not be perceived but as a forced marriage since a minor cannot express her/his will consciously and freely.

Early marriage is one of the negative phenomenon in Palestine. According to the latest available statistics, it reaches among females to 20% in 2017; 19% in the West Bank, and 21% in the Gaza Strip. [1] However, such statistics are deemed a drop in comparison with the statistics of the last decade; the early marriage was 24% among females and 1,5% among males in 2010.[2]

The Palestinian President issued a Law by Decree No (21) of 2019, which stated in its first article: "eligibility for marriage shall be for sane persons only whose age 18 years or above." Article 3 of the same law states "despite whatever stated in any other applicable laws, the provisions of the law herein shall be applied." This law practically abolishes any provision allows the marriage of any person under 18 years old; the laws in force in West Bank (Personal Status Law of 1976) and the laws in force in the Gaza Strip (Family Law of 1954, and Hanafi Doctrine).  However, the Law, which was and still very publicly controversial, [3] provides one exception. The court may approve the marriage of those under 18 years, provided on a permission from the Supreme Judge of Palestine or any other religious references of other religions. Unfortunately, this law has not been applied in the Gaza Strip due to the Palestinian political division. [4]

This factsheet demonstrates facts about early marriage in the Gaza Strip under five points: International Law attitude; Palestinian Law practically in force in the Gaza Strip attitude; early marriage statistics in the Gaza Strip; factors contribute in the early marriage occurrence in the Gaza Strip and the striking consequences of the early marriage. 

First: International Law attitude

The existence of early marriage in Palestine is deemed as a violation to Palestine obligations on the international level pursuant to a set of conventions acceded by the Palestinian state since 2014.

Provision (2) of article (16) of the Convention Against all Forms of Discrimination Against Women of 1979 (CEDAW) states " 2. The betrothal and the marriage of a child shall have no legal effect,.." The child is defined according to article (1) of the Convention of the Rights of the Child as: "child means every human being below the age of 18  years.." Thus the Palestinian laws that permits child marriage are a failure to respect the Palestinian obligations under this convention.

As the early marriage is one of the manifestation of forced marriage as explained earlier, so early marriage also contradicts to Palestinian obligations under provision (3) of article (23) of the International Covenant on Civil and Political Rights of 1966, and provision (1) of article (10) of the International Covenant on the Economic, Social and Cultural Rights of 1966, as both stipulates free and conscious will for marriage decision. Thus, Palestinian laws that permit early marriage is a failure to respect obligations under both covenants.  

Second: Palestinian Law practically in force in the Gaza Strip attitude

The Palestinian Law permits the marriage of persons under 18: Article (5) of the Palestinian Family Law of 1954, which stipulates that the proposed shall be 18 years or above, and the pride shall not be less than 17 years.  However, articles (6, 7) of the same law authorized the judge to permit minors to get married if they claim that they physically adults and that was clear from their appearance.  Article 8, on the other hand, sets a minimum age for marriage that shall not be exceeded, as it states: "it is prohibited to execute the marriage of a male under 12 or a female under 9.

The existence of an administrative decision that raises the minimum marriage age but not prohibiting child marriage: The administrative decision No (87) of 1995, issued by the Sharia Judicial Council, limits the authority to execute the marriage of children.  It provides a minimum age for females as 15 J.D years (14,55 A.D years) and 16 J.D years (15,52 A.D years) for males. Thus, a sharia judge in the Gaza Strip can execute the marriage of any male whose age 15,52 A.D years and any female whose age 14,55 AD years.

The Penal Law does not provide protection against Early marriage: The Palestinian Penal Law of 1936 (in force in the Gaza Strip) outlaws any person who execute the marriage of a female under 15 shall be deemed as a misdemeanor sentenced by 6 months. Should the consummation of marriage is occurred, the sentence shall be enhanced to two years. However, should the executor of the marriage acquire a medical certificate approve the adulthood of the groom from a competent authority, the execution of the marriage is deemed lawful. [5]The law, also, criminalizes anyone who proceeds marriage or helps in proceeding the marriage of a female under 18 without the permission of her guardianships. ^[6]Thus, the Palestinian Penal Law in force in the Gaza Strip does not provide protection against early marriage for female children, even those under 15 years. It provides only protection for females children from marriage without the consent on their guardianship.       

Third: Early marriage statistics in the Gaza Strip

• Early marriage is profoundly common among females than males in the Gaza Strip. Its average among males 2% and among females its average is 21%.[7]
• The highest rate of early marriage in the Gaza Strip is in North Gaza, among both sexes. The early marriage rate in 2017 among females was 25% with 871 cases; in 2018, it was 29% with 838 cases; in 2019, it was 25% with 838 cases.  The rates among males was 3% in 2017, with 104 cases; in 2018, it was 3% with 86 cases and in 2019, it was 3% with 92 cases. [8]
• The lowest rate of early marriage in the Gaza Strip is in Middle Gaza, among both sexes. The early marriage rate in 2017 among females was 12% with 273 cases; in 2018, it was 11% with 222 cases; in 2019, it was 10% with 262 cases.  The rates among males was 1% in 2017 with 28 cases; in 2018. it was 1% with 18 cases and in 2019, it was 1% with 19 cases. [9]   

The rates of early marriage can be arranged in descending order as follows: North Gaza, Gaza City, Khan Yonis, Rafah, and Middle Gaza. [10]  

Fourth: Factors contribute in the early marriage occurrence in the Gaza Strip

Bad Laws: The existence of laws in force in the Gaza Strip that permits early marriage as demonstrated earlier is deemed as one of the key factors that keep this phenomenon in the Gaza Strip until now. Moreover, the unregistered marriage cases, that is allowed to be registered without holding the offenders who execute such marriage criminally accountable, is another way to pass early marriage. ^[12]  

Customs and Traditions: According to a study held in the Gaza Strip, 79% of its sample believe that traditions are one of the reasons behind early marriage. [13] Traditions that value early marriage prevailed in some areas and families in the Gaza Strip.  In such atmosphere, girls who is not getting married until become 18 years are deemed as inferior among their peers. Some families resort to early marriage to preserve the family's heritage by kinship marriage. [14] In such families, the marriage decision is for the family not for the girl. [15] Moreover, some believe that early marriage is valued by Islamic Sharia as it protects the girls from deviance and refusing marriage opportunity goes against "Allah's" will. Thus, the girl could stay unmarried for her lifetime as a result. ^[16]  

Social Pressure: A study shows 71% of its sample believe that social pressure is one of the reasons behind early marriage. [17]Girls and their families may be socially pushed to early marriage to avoid losing the opportunity and labeled as "A'anis".[18] On the other hand, even male teens may be socially pushed to early marriage especially if they have paid work or belong to a rich families and not attached to formal education.

Poorness and protection-seeking: A Study shows that 58% of its sample think that poorness and protection-seeking is one of the reasons behind early marriage.[19] Poorness may push some families for early marriage to their children to get rid of their financial responsibilities. Moreover, some families may push their sons to marriage early to have aid from those aid organizations which provide aid or more aid  for married persons only.  On the other hand, the absence of the father/family supporter because of divorce, ordinary death, death by Israeli repeated aggressions of the Gaza Strip, could lead to early marriage for females as a method to wave away their social and financial burden.  Females in this case may be eager to such marriage too as looking for protection.[20]

Lack of awareness: Lack of awareness is one of the reasons behind early marriage as the girls and their families are not aware about the real hazards of such marriage.[21]

 Lack of education: Lack of education could be one of the reasons behind early marriage as pushing girls to marry increases when they stop to have formal education. Thus, early marriage is always associated with school dropout as the last is deemed as both, a reason and a consequence for early marriage.[22]

Escaping from Family violence:  A study refers that 22% of its sample believe that escaping from family violence could be one of the reasons behind early marriage. [23]Many girls could be victims for such idea as they would discover later that violence will continue in their new home as well, which has worse effects on their social and psychological state.[24]   

Striking consequences of the early marriage

School dropout and losing the opportunity for higher education: School dropout is one of the key consequences of the early marriage. According to statistics the rate of dropout in secondary schools reaches 1,3% in the Gaza Strip in 2018-2019.[25]   However, no statistics are available to the rates related specifically to early marriage. The early married girls often lose their opportunity for higher education even if they get the opportunity to complete high school.  No statistics are available to accurately demonstrate such consequence in numbers.[26]

Inability to enter the workforce: Early marriage victims form females often lose their opportunity to enter workforce as they always lack the education and the time needed for that because of responsibilities of chores and children upbringing.[27]  No statistics are available to define this issue accurately.[28]

Exposed to violence and family disputes: A study targets victims of early marriage shows that 81% of its sample suffer of disputes with their husband, 79% have disputes with husband's family, and 46% suffer from violence.[29]  Another study shows that 63% of its sample who are victims for early marriage suffer various degrees of violence, 36% experience grave violence, 30% experience moderate violence, and 21,1% experience low violence.[30]      

 Early divorce: According to 2019 statistics, 253 divorce cases were registered in the Gaza strip among females and 30 cases among males, under 18.[31]  Thus, early marriage could lead to early divorce which has catastrophic economic and social impact on underage persons, especially girls as they always suffer from social stigma and could also suffer absence of support in such young age.

High-risk pregnancy and low health condition: A study is held in the Gaza strip shows that 35,5% of those who experience pregnancy under 18 suffered high-risk pregnancy, 31,5% suffer involuntarily miscarriage, 31% suffer early birth, 42% suffer bad nutrition, 36% suffer anemia.[32]  Another study shows that 22,7% of its sample (early married victims) suffer from repeated involuntarily miscarriage, 22,1% suffer from continuous gentile inflammation, 17,4% suffer delayed pregnancy, 10,6% suffer weight loss and faintness, and 7% suffer high-risk pregnancy.[33]

Grave psychological disorder: A study targets victims of early marriage demonstrates that 72% of its sample suffer different psychological issue such as depression, anxiety, insist headache, 47% experience depression, 39% suffer frustration, 25% suffers lack of self-steam,  39% wish to die, 21% think in suicide, 7% attempted to suicide.[34]  Another study shows that 82,6% of its sample (victims of early marriage) suffer continuous crying,  79,6% suffer depression and frustration, 77,3 experience remorse out of their early marriage, 69% suffer confusion, and 54,4% suffer fear and insecurity. [35]   

Increase fertility and insufficient care for children:  The early marriage increase fertility in the community.  It is also reflected on children as the child mother is unqualified to give the needed care for her children, which endanger their health and lives.[36]   

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• 2020-12-30