Position of the Ukrainian Child Rights Network on the inadmissibility of marriages under 18

Position of the Ukrainian Child Rights Network on the provisions of the draft new Civil Code of Ukraine, which provide for the right to register a marriage in case of pregnancy or birth of a child upon reaching the age of fourteen

A draft updated Civil Code of Ukraine has been submitted to the Verkhovna Rada of Ukraine, which contains provisions that effectively allow for the legitimization of marriages involving children under the age of 18, in particular in connection with pregnancy or the birth of a child under the age of fourteen.

The Ukrainian Child Rights Network consistently stands on the side of children and assumes that any compromises that may pose a threat to the safety, development and well-being of children are unacceptable in the field of child protection.

These provisions are contrary to international standards in the field of children’s rights and women’s rights, as well as to established best practices followed by Ukraine as a state party to the relevant international treaties.

The UN Committee on the Elimination of Discrimination against Women and the UN Committee on the Rights of the Child in their General Comment No. 31 state: “Child marriage, also known as early marriage, is any marriage in which at least one of the parties is under the age of 18. Child marriage is considered a form of forced marriage because one or both parties have not expressed full, free and informed consent” (para. 20).

In addition, in its concluding observations on Ukraine, the UN Committee recommends that national legislation be amended to remove any exceptions to the minimum age of marriage, which should be 18 years for both women and men, and that awareness-raising activities be implemented and accessible and inclusive education on sexual and reproductive health and rights, including education on modern contraceptive methods, be provided to adolescent girls and boys to prevent early pregnancies.

The introduction of norms allowing marriage under the age of 18 does not solve the problem of early pregnancies or sexual violence against children, but rather creates the risk of their normalization, concealment and repetition. Of particular concern is the situation of girls with disabilities, who are at increased risk of sexual exploitation, coercion and pressure due to systemic discrimination and social exclusion.

What should be the priority of state policy?

We are convinced that the response to the problems of early pregnancy, sexual violence against children and demographic challenges should be carried out by strengthening preventive and supportive measures, not by lowering the standards of child protection.

Taking into account international standards and WHO recommendations on prevention of early pregnancy and adverse reproductive outcomes among adolescents, the Ukrainian Child Rights Network emphasizes the need to focus, in particular, on the following steps:

• Prevent child marriage by implementing programs aimed at empowering girls, removing gender barriers to education and economic opportunities, and engaging families and communities in creating a safe, gender-equal environment in which child marriage is unacceptable;
• Ensuring the needs and rights of pregnant girls and teenage mothers through the implementation of comprehensive programs aimed at empowering girls and providing them with social support, support and counseling at all stages – from pregnancy to returning to school and developing life skills;
• Increasing adolescents’ access to contraception and supporting its conscious and regular use by overcoming gender stereotypes and harmful social norms, reducing financial barriers to access to modern contraceptives, and providing systematic, evidence-based, and age-appropriate sexual and reproductive health education for children and adolescents.

The Ukrainian Child Rights Network calls on the Members of Parliament of Ukraine to prevent the adoption of the draft new Civil Code in this version and to ensure that the legislation is brought into full compliance with international standards in the field of children’s rights.

Guided by the laws on access to public information and citizens’ appeals, which guarantee public participation at the stage of preparation and discussion of new legislative initiatives, we consider it necessary for the authors and the relevant committee to involve professional NGOs and their associations that systematically work in the field of children’s rights and have practical experience in solving problems of children and families to finalize the draft law on the updated Civil Code of Ukraine to ensure the best interests of every child in Ukraine.

It is worth emphasizing that the issue of child marriage is not the only problematic topic that requires proper attention. The limited involvement of professionals in discussions and decision-making significantly increases the risk of taking steps that may have negative consequences for children. In such circumstances, the state loses the ability to timely identify violations of children’s rights, respond promptly to threats and ensure effective protection of their interests. At the same time, some provisions contradict European standards in the field of child protection, which further increases the need to revise them and bring them in line with international obligations.