Child Marriage, Rights and Choice: Rethinking Agency in International Human Rights

The book explores the issue of agency in relation to child marriage, challenging the assumption that children are not capable of consenting to marriage. It demonstrates that children marry for various reasons, including love, desire, community belonging, and new opportunities. The book argues that the child marriage framework and the human rights framework in general are constructed on a narrow vision of human agency that fails to respect and promote the agency of all, regardless of gender, race, religion, and age.

Format: Paperback / softback
Length: 180 pages
Publication date: 31 May 2023
Publisher: Taylor & Francis Ltd

This comprehensive exploration delves into the intricate dynamics of child marriage, shedding light on the complex interplay of agency and power in this societal phenomenon. While international human rights institutions celebrate the agency of girls in resisting child marriage, they often overlook their agency in choosing to marry. Child marriage, typically defined as any formal or informal union where one or both parties are under the age of 18, is often perceived as forced, as it is assumed that children are incapable of consenting to such a significant life decision. However, this book challenges this assumption by undertaking a detailed socio-legal examination of child marriage in Indonesia. Through a multi-faceted approach, it seeks to unravel the multifaceted reasons behind child marriages, encompassing structural explanations such as limited opportunities and oppressive social structures.

However, the book goes beyond these surface-level explanations by delving into the subjective experiences and perspectives of children themselves. By listening to their stories, it becomes evident that many children marry for reasons that are deeply personal, including love, desire for companionship, a sense of belonging to a community, and the pursuit of new opportunities and hopes. This nuanced understanding of child marriage reveals the complex interplay between individual agency and societal norms, pressures, and expectations.

The book further demonstrates how the child marriage framework, as well as the broader human rights framework, operates on a narrow vision of human agency that fails to recognize and promote the agency of individuals regardless of their gender, race, religion, or age. It argues that a more inclusive and holistic approach is necessary to address the issue of child marriage, one that recognizes the diverse range of motivations and desires that drive children to marry and empowers them to make informed choices about their future.

This book will appeal to scholars, students, and practitioners in the fields of children's rights, legal anthropology, and socio-legal studies. It offers valuable insights into the complex dynamics of child marriage, shedding light on the need for transformative policies, programs, and interventions that prioritize the agency and well-being of children. By challenging the dominant narratives and promoting a more inclusive and rights-based approach, this book contributes to the ongoing efforts to eradicate child marriage and create a more equitable and just society for all.

Weight: 298g
Dimension: 233 x 156 x 15 (mm)
ISBN-13: 9781032026725