Colombia has become the latest country to prohibit child marriage without exceptions, after the Senate passed the legislation on Wednesday, November 13, 2024. This new law represents a crucial step in protecting the rights of girls and adolescents by prohibiting child marriage and de facto marital unions without exceptions for individuals under the age of 18.
Tamara Rusansky*
By banning child marriage and early unions, Colombia is making a clear commitment to gender equality and the rights of children and adolescents. This landmark reform closes a legal loophole that has violated constitutional principles such as the right to integral development, equality, and protection against all forms of violence.
Child marriage in Colombia
Colombia ranks 11th in Latin America and the Caribbean and 20th globally in terms of adolescents who marry or enter early unions before the age of 15. These human rights violations perpetuate cycles of poverty and expose girls to severe risks, such as sexual and domestic violence, early pregnancies, and school dropout, particularly in rural and Afro and Indigenous communities As is the case in many parts of the world, child marriages and early unions in Colombia often involve older men and younger girls. This age difference can create a substantial power imbalance in the relationship, giving the husband more authority, both socially and economically, and leaving young wives more vulnerable to various forms of exploitation and abuse, including domestic violence.
A landmark victory
Civil society in Colombia has fought long and hard for this critical reform. The recently passed bill was the ninth such bill seeking to end child marriage, the previous eight being unsuccessful.
It is extremely encouraging for women’s rights advocates in Colombia and globally to finally see the outcome of years of dedicated work and collaboration pay off when previous legal efforts have failed.
In August 2024, Equality Now published a policy brief, Ending Child, Early and Forced Marriages and Unions in Colombia, analyzing the current situation in Colombia, the relevant international and Inter-American human rights frameworks, as well as the impact of the (then) proposed legislation. The policy brief argued that passing the bill is essential for eradicating child, early, and forced marriages and unions (CEFMU) in Colombia and ensuring the country’s compliance with its obligations under international and regional human rights law.
Additionally, Equality Now submitted an amicus curiae brief to the Constitutional Court, providing technical-legal inputs to strengthen the debate. Together with local and regional organizations like Girls Not Brides, Profamilia, Poderosas, Fundación Juanfe, La Colada, Las Guaguas, and Genfami, we developed an advocacy document titled “8 Things You Need to Know About Child Marriage and Early Unions in Colombia,” which was shared with senators during various debates.
An advocacy breakfast with partners and senators during the First Global Ministerial Conference on Violence Against Children provided a crucial final push for the bill’s approval, with the Senate President committing to prioritize the vote on the plenary agenda – a promise that has now been fulfilled.
Colombia, as a signatory to various international conventions, is obligated to uphold standards that explicitly prohibit marriage before the age of 18. Child marriage is recognized as a serious human rights violation by international instruments such as the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, known as the Belém do Pará Convention. By removing the legal pathway for children to marry, Colombia has aligned its regulations with international human rights standards.
Why this law matters
By banning child marriage, families and communities are encouraged by law to prioritize education and personal development for girls.
This not only improves their long-term economic prospects but also strengthens their ability to assert their rights.
The new law also includes provisions for educational programs to raise awareness about the causes and consequences, the establishment of a National Program of Comprehensive Care for Life Projects for children and adolescents, and yearly reports from the Ministry of Equality and Equity to Congress, evaluating the law’s progress and achievements. Passing the law is only the first step. Eradicating child marriage requires more than just legislation. Effective implementation is crucial and must go beyond a total ban by addressing the root causes of child, early, and forced marriages and unions. The true impact of the law will depend on a strong commitment to its implementation and an intersectional approach.
*Tamara Rusansky, member of Equality Now.
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