The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan

Abstract

Despite legally binding international, regional and domestic legal frameworks on South Sudan that define a child as anyone below 18 years old, child marriage remains prevalent with a rate of 52 per cent. The high rates of child marriage have led to the dropout of 988000 girls from school. The surge in child marriage is attributed to gaps in laws, lack of implementation and cultural practices. The main gap in national laws is that the laws do not define the minimum age of marriage nor criminalise child marriage. Out of ten states and three administrative areas in South Sudan, only Lakes State and Unity State have criminalised and banned child marriage respectively. The gap in the laws is exacerbated by the fact that South Sudan has not ratified the African Charter on the Rights and Welfare of the Child. In addressing the impact of child marriage on the girl-child’s right to education, human rights defenders face several challenges. To address child marriage and its impacts on the girl-child’s right to education, this mini-dissertation recommends setting the minimum age of marriage at 18 years in the national laws, criminalising child marriage, strengthening the implementation of the existing laws, ratifying the African Charter on the Rights and Welfare of the Child, enacting human rights defenders’ specific legislation, reducing the high rates of dropouts, and expanding civic awareness. To attain the main objective, which is the role of human rights defenders in addressing the impact of child marriage on the girl-child in education in South Sudan, this mini-dissertation uses the doctrinal method and participation and evaluation process method.

Chapter One gives an overview of the mini-dissertation and covers the research problem, literature review, research questions, research objectives, research methodology, the significance of the research, research limitations, and Chapters’ structure. Chapter Two explores the obligations of South Sudan under the international, regional and domestic legal frameworks in addressing the impact of child marriage on the girl-child’s right to education. Chapter Three discusses the perception of South Sudan’s communities on child marriage and its impacts on the girl-child’s right to education. Chapter Four examines the role of human rights defenders in addressing the impact of child marriage on the girl-child’s right to education, the legal framework governing human rights defenders and challenges human rights defenders face. Chapter Five summarises the conclusions and suggests recommendations.