Child marriages should be criminalized for it violates the
Constitution and the law. According to a study conducted
by the United Nations Children’s Fund or UNICEF, 1 out of 5 girls gets married worldwide. In the Philippines, 1 out 7 Filipino girls gets married before 18, we have the 10th highest number of child brides with an estimate of 17% of Filipino girls gets married before they reach 18 and 2% gets married before they reach 15. The top reason behind child marriages is human trafficking.
Under Article XV Section 3. (2) of the Constitution, the
state shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.
In addition, Article 3 (8) of PD 603 states that every child
has the right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development. None of these can be achieved by allowing child marriages, it actually defeats the very purpose of these provisions.
As aforementioned, the top reason behind child
marriages is human trafficking which elements includes abuse, cruelty, threat or use of force, and exploitation.
Family is the basic unit of the Society. Under our
constitution, family is the foundation of the nation and marriage is the foundation of the family. Child birth is essential in the creation of a family; it is the link between married life and family life.
The Constitution states that: the state xxx shall equally
protect the life of the mother and the life of the unborn from conception. In a study conducted by the United Nations Fund for Population Activities, reveals that childbearing during adolescence carries greater risks for poor health outcomes for both mother and child. Section 3 (10) of PD 603 states that every child has the right to the care, assistance, and protection of the State, particularly when his parents or guardians fail or are unable to provide him with his fundamental needs for growth, development, and improvement.
How can we protect the life of the mother and the
unborn if the child creates a family? How can the state provide the fundamental needs of a child for growth, development and improvement if we allow child marriages? It actually puts the child, as the mother, and her unborn child at risk of poor health.
Moreover, aside from human trafficking, another reason
for child marriage is religion, The Code of Muslim Personal Laws allows marriage at the age of 15 for boys, and 12 for girls as long as she has attained puberty.
With that being said, it can be argued that criminalizing
child marriage violates the separation of the state and the church, but the supreme court has already settled issues like through the application of the doctrine of benevolent neutrality. So long as it is in the exercise of their religion, it can be allowed.
The government strongly believes that criminalizing child
marriages is necessary so that the state can achieve its policies that promotes the protection and development of children which are laid down in the Constitution, the laws, and international conventions or treaties which the Philippines has signed.