Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality?

Abstract

South African law allows minors under the age of 18 to get married, under certain conditions. The minimum age at which a minor may enter into marriage under both civil and customary law is 12-17 for girls, and 14-17 for boys. The focus of this paper is not the practice of child marriage, nor measures aimed at combating child marriage, and recommends that South Africa set the age of marriage at 18 for both sexes without exceptions. However, until South Africa changes its laws, boys and girls will continue being treated differently under existing marriage legislation. This mini-dissertation is concerned with whether different minimum ages of marriage for minors contributes to the systemic discrimination that women and girls face in South Africa, and whether this violates the rights of girls to be treated equally to boys. The paper looks at the role of culture and gender stereotypes in the formation of marriage legislation, as well as the societal effects of the current legislation.