Child Marriage

The age of childhood in Iranian laws differs from international laws and the age defined in the Convention on the Rights of the Child. According to Article 1210 of the Iranian Civil Code, puberty marks the end of childhood, and after the revolution, this age was set at 9 years for girls and 15 years for boys. The contradiction between the legal age of childhood and societal realities can lead to significant psychological and sociological harm. It can be said that in Islamic jurisprudence, childhood ends with the onset of puberty. Although the age of puberty and the end of childhood in Iranian laws is determined to be 15 and 9 years respectively for boys and girls, the age of maturity in other civil laws is set at 18 years. The lack of clarity in defining the age of childhood in Iranian civil laws has created many problems for establishing necessary protections for children. Child marriage, especially for girls under 18 years, is one of these issues in Iran. According to the laws, a 9-year-old girl is considered mature and has exited childhood, allowing her to marry and have children. Meanwhile, according to growth laws, this individual does not have the right to obtain a driver's license or participate in elections. Before 1979 and the establishment of the Islamic Republic, the marriage age was set at 18 for girls and 20 for boys, but after the revolution, it was reduced to 9 and 15. Due to the efforts of child and women's rights activists, the marriage age was raised to 13 for girls and 15 for boys. Nevertheless, Article 1041 of Iranian law permits the marriage of girls before the age of 13 and boys before the age of 15 with the consent of a guardian and the court's assessment of the child's best interest. (However, according to Iranian laws, this guardian is the father or paternal grandfather, and the mother has no rights in this matter.) Early marriages, often conducted without the children's consent, conflict with children's rights, particularly for girls, leading to sexual exploitation, violence against them, educational deprivation, and even jeopardizing their physical and mental health. Article 19 of the Convention on the Rights of the Child obligates member countries to take legal, executive, educational, and cultural measures to protect children from various forms of violence, including physical and psychological harm, neglect, exploitation, and sexual abuse. According to a report from the Civil Registration Organization of Tehran Province in 2017, 1,481 marriages involving children under 15 were registered. This statistic does not include children without identification, unregistered marriages, and marriages of children aged 15 to 18. Various reasons can contribute to child marriage, including culture, religion and tradition, gender discrimination and inequality, poverty and economic disparity, family relations, and a misunderstanding of children's rights. In 2012, there were 4 childbirths for 10-year-olds, 17 for 11-year-olds, 50 for 12-year-olds, 275 for 13-year-olds, and 1,289 for 14-year-olds. Sexual relations and childbirth at a young age can even lead to the death of these children. The likelihood of death for girls aged 10 to 20 during pregnancy and childbirth is five times higher than for those aged 20 to 24. Postpartum complications are another issue that receives less attention. Childbirth at a young age, due to incomplete physical and mental growth, leads to many physical and psychological injuries, the consequences of which ultimately affect the entire society. Children who marry at a young age face many destructive psychological effects, including depression and anxiety, due to the premature end of childhood and the acceptance of responsibilities not suited for their age. This issue is reported to be more severe for girls. Additionally, girls, due to their lack of preparedness for entering a shared life and its responsibilities, and their incomplete physical and mental growth, are more exposed to domestic violence and abuse. Early marriage is considered a violation of children's laws, and the government can contribute to the physical and mental health of children and society by enacting protective laws for children.