Consent. Here at Penn State we are reminded all the time of the importance of obtaining it before sex. There are posters everywhere, online trainings we have to go through which all raise the point that even if someone seems like they are consenting, they are not actually able to grant it in certain circumstances (like when they are drunk). By and large though the student body, we are almost entirely made up of legally aged adults are able to give consent. The issue of consent can seem to be a grey area sometimes, but there are some boundaries that go without saying here. Could a 15 year old give consent? That’s a gray area to some. Could a 9 year old? Thankfully to the clear majority in Penn State and in the U.S that is a clear red flagged no. If only that were the case around the world.
The Iraqi parliament last month introduced a new bill that changes the legal marriage age for girls. The legal age used to be 18, and while now there is no definite legal age, the law declares that girls legally become women when they turn 9, which critics claim is a backdoor way to legalize child-marriage.
Further adding to the clear human rights violation is the portion of the bill that states a man may have sex with his wife without her consent. And moreover wives need not consent to the marriage as a whole for it to be legitimate, as only her father needs to agree to the marriage or subsequent divorce. The makers of the law are arguing that it will in fact help prevent abuse by routing marital disputes to religious courts.
This measure is a significant step backward for women’s rights in Iraq, as child marriages had been widespread in the 1970’s but was curtailed after Iraqi independence. This law, which was ratified today by the Iraqi parliament, is thought by critics to be a play to expand the power of the Shiite majority, as the law is based on their more fundamentalist Shiite readings of the Qur’an.
Though this law is new to Iraq, child marriage is not a new phenomenon. According to the Atlantic “Child marriage is a global epidemic that occurs across regions, cultures, and religions. The number of women married as children is staggering: the United Nations estimates that one in three women aged 20 to 24 was married under the age of 18. Many of these women were even younger at the time of their marriage: nearly five million girls are married under the age of 15 every year, or about 13,000 per day.”
Child marriage affects more than just the underage brides themselves. Most countries that legally permit child marriage are underdeveloped, and the practice hurts economic growth. Girls who marry at a young age are cut off from access to education and subsequently their wages are lower, thus reducing their purchasing power.
These marriages also pose a global health risk as “Early marriage begets early pregnancy and childbearing, which is the leading cause of death for girls aged 15 to 19 in the developing world.” and beyond that stillbirths and infant mortality are 50% more likely to occur to children born of mothers under the age of 20, and the children who do survive risk high probabilities of malnutrition, prematurity, and low-birthweight.
In essence this issue cuts through to the foundation of human rights. Women and girls have the right to be in control of their bodies and their futures. Countries around the world need to bring their marriage and consent laws out of the realm of religion to protect the rights of women.