Bata-lakayan Ep. 2: Anti-Child Marriage Law

Summary

The video script addresses the critical issue of child marriage in the Philippines, particularly in the Bangsamoro region. It highlights the connection between child marriage and socio-economic vulnerabilities, with 15% of Filipino girls marrying before 18. The Philippines has enacted a law to criminalize child marriage, but challenges remain in its implementation, especially concerning Muslim and Indigenous communities. The script emphasizes the need for dialogue, legal reforms, and social norm changes to protect children's rights and end this harmful practice.

Takeaways

• 🌏 The Philippines ranks 12th globally in the number of child marriages, with approximately 726,000 children married before turning 18 in 2017.
• 👧 15% of Filipino girls are married before the age of 18, with 2% marrying before they turn 15, indicating one in six Filipino girls are married as children.
• 📉 Despite a decline in prevalence, child marriage remains a significant issue, particularly among marginalized and Indigenous communities in the Philippines.
• 🏛️ The Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) faces unique challenges, with over half of its 3.8 million population experiencing multi-layered discrimination.
• 💔 Poverty is a key driver of child marriage in the BARMM, with 62% of women belonging to poor families, exacerbating vulnerabilities to abuse and violence.
• 🚫 Republic Act No. 11596, passed in 2021, prohibits child marriage and imposes penalties for violations, effectively criminalizing the practice in the Philippines.
• 🏢 The law aims to abolish traditional practices and structures that perpetuate child exploitation and to ensure marriage is entered into only with the free and full consent of both parties.
• ⏰ There is a one-year suspension of the law's implementation for Muslim Filipinos and Indigenous peoples to ensure full compliance through extensive measures and programs.
• 🤝 Dialogues with Muslim and Indigenous communities are crucial for addressing contentions and ensuring the law respects religious and cultural diversity.
• 🔄 The law has sparked debates, particularly concerning its compatibility with Muslim personal laws (PD 1083) and the need for inclusive legislation that considers the perspectives of affected communities.

Q & A

What is the main topic discussed in the video script?

The main topic discussed in the video script is the problem of child marriage in the Philippines, specifically in the Bangsamoro region, and the efforts to end this practice.

What is the global prevalence of child marriage, according to the script?

Child marriage is a worldwide issue, and while its prevalence is in decline, it remains common in different parts of the world.

What is the Philippines' ranking in terms of the absolute number of child marriages globally?

According to the script, the Philippines ranks 12th in the absolute number of child marriages globally.

What percentage of Filipino girls were married before the age of 18, as mentioned in the script?

15 percent of Filipino girls were married before the age of 18.

What is the Bangsamoro Autonomous Region, as referred to in the script?

The Bangsamoro Autonomous Region is a new entity established through a law, with a population of 3.8 million, where Muslim women continue to face multi-layered discrimination.

What percentage of women in the Bangsamoro belong to poor families, as stated in the script?

62 percent of women in the Bangsamoro belong to poor families.

What law was passed in the Philippines in December 2021 to address child marriage?

Republic Act number 11596 was passed in December 2021, which prohibits the practice of child marriage and imposes penalties for violations.

What are the key policies sought to be implemented by the Philippine government as per the new law on child marriage?

The key policies include abolishing traditional and cultural practices that perpetuate discrimination, abuse, and exploitation of children, and ensuring marriage is entered into only with the free and full consent of capacitated parties.

What are the unlawful acts under the new law that pertain to child marriage?

The unlawful acts under the new law include facilitation of child marriage, solemnization of child marriage, and cohabitation of an adult with a child outside of wedlock.

What is the legal effect of child marriage once the new law is implemented?

Child marriage is considered void from the beginning, as if there was no marriage at all, and the action and defense for the declaration of absolute nullity will not prescribe.

What are the issues raised by Muslim communities regarding the new law on child marriage?

The issues raised include the contention that the law contradicts the beliefs of Muslim communities and established Sharia principles, questions on religious freedom and constitutionality, and concerns about the law's application to Muslim Filipinos.

What is the age of marriage for girls under Presidential Decree 1083, as mentioned in the script?

Under Presidential Decree 1083, the age of marriage for girls is when they reach puberty, which can be as young as nine years old.

Outlines

00:00

🌏 Child Marriage in the Philippines and Bangsamoro

The speaker addresses the issue of child marriage in the Philippines, particularly in the Bangsamoro region. They highlight that child marriage is a global problem, but in the Philippines, it is notably prevalent among Indigenous and Muslim communities. The United Nations reports that approximately 726,000 Filipino children were married before turning 18 in 2017, ranking the country 12th globally. The Bangsamoro region, with a population of 3.8 million, faces multi-layered discrimination and poverty, with 62% of women belonging to poor families. The speaker emphasizes the connection between poverty and child marriage, noting that it is deeply linked to social and economic vulnerabilities.

05:01

📜 Legal Measures to Combat Child Marriage

The speaker discusses Republic Act No. 11596, a law passed in the Philippines in December 2021 that prohibits child marriage and imposes penalties for violations. The law aims to abolish traditional practices that perpetuate child exploitation and ensure that marriage is entered into only with the free and full consent of both parties. It criminalizes facilitating, solemnizing, and cohabitating with a child outside of wedlock. Penalties for these unlawful acts include fines and imprisonment, with stricter penalties for those who are step-parents or guardians of the minor. The law also voids child marriages and provides for a transition period for Muslim Filipinos and Indigenous peoples to comply with the new regulations.

10:02

🤔 Challenges and Controversies in Muslim Communities

The speaker outlines the issues and contentions raised by Muslim communities in the Bangsamoro region regarding child marriage laws. They mention that some believe the new law contradicts Muslim beliefs and established Sharia principles found in Presidential Decree 1083. There are concerns about religious freedom and the constitutionality of the law, as well as the criminalization of child marriage. The speaker argues for continued dialogue with Muslim communities to address these concerns and ensure inclusivity in legislation. They also discuss the provisions of PD 1083, which allows child marriage and is seen as harmful and discriminatory against Muslim girls and women.

15:03

👥 Impact of Child Marriage on Children's Rights

The speaker delves into the negative impacts of child marriage on children, particularly girls, emphasizing that it is not only a violation of their rights but also leads to significant harms such as denial of education, perpetuation of poverty, and increased risks of early pregnancy and maternal mortality. They argue that child marriage is not supported by Islamic teachings and that many predominantly Muslim countries have raised the age of marriage to 18 or 19. The speaker calls for an end to child marriage, advocating for the protection of children's rights and the promotion of gender equality.

20:05

🔄 Moving Forward: Strategies to End Child Marriage

The speaker concludes by discussing the necessary steps to effectively implement the law that criminalizes child marriage. They stress the importance of ongoing dialogue with Muslim Filipino and Indigenous communities, evidence-based interventions, and the need for the Bangsamoro leadership to address legal barriers. The speaker also highlights the role of government agencies in raising awareness, challenging social norms, and developing programs to support the victims of child marriage. They emphasize the importance of a comprehensive approach that includes legal, educational, and social measures to protect children and promote their well-being.

Keywords

💡Child Marriage

Child marriage refers to the practice where individuals, particularly girls, are married before they reach the age of 18. In the context of the video, it is a deeply rooted social issue in the Philippines, especially within the Bangsamoro region, where it is associated with poverty and cultural norms. The video mentions that child marriage is prevalent and has severe consequences, including the denial of education and increased risks of early pregnancy and maternal mortality.

💡Bangsamoro

Bangsamoro is an autonomous region in Muslim Mindanao, Philippines, established through a law known as the Bangsamoro Organic Law. The video discusses how child marriage is prevalent in this region, with Muslim women and ethnic minorities facing multi-layered discrimination and vulnerability to abuse. The region's unique cultural and legal context makes addressing child marriage particularly challenging.

💡Republic Act 11596

Republic Act 11596 is a law passed in the Philippines in December 2021, which prohibits child marriage and imposes penalties for violations. The video explains that this law criminalizes child marriage and aims to abolish traditional and cultural practices that perpetuate child abuse and exploitation. It also discusses the law's suspension for a transition period to allow for dialogue and compliance among Muslim Filipinos and Indigenous peoples.

💡Poverty

Poverty is a significant factor contributing to child marriage, as it is deeply linked to social and economic vulnerabilities. The video states that in the Bangsamoro, 62 percent of women belong to poor families, which translates to over 1.2 million women struggling to meet basic needs. This economic context exacerbates the practice of child marriage, as families may marry off their children due to financial desperation.

💡Discrimination

Discrimination in the video refers to the various forms of prejudice faced by ethnic minority Muslim women in the Bangsamoro region based on their social, religious, and ethno-linguistic identities. This discrimination contributes to their vulnerability to abuse and violence, including child marriage. The video emphasizes the need to address these inequalities to effectively combat child marriage.

💡Sexual and Reproductive Health

Sexual and reproductive health is a concept discussed in the video in relation to the impact of child marriage on children's rights and well-being. Child marriage often limits minors' access to sexual and reproductive health information and decision-making, leading to early pregnancies and associated health risks. The video calls for awareness and education to address these issues.

💡Maternal Mortality

Maternal mortality refers to the death of a woman while pregnant or within a period following childbirth. The video highlights that child marriage increases the risk of maternal mortality due to early and frequent pregnancies at a young age, which can lead to complications and death. This term is used to underscore the severe health consequences of child marriage.

💡Cultural Sensitivity

Cultural sensitivity is the awareness and respect for the cultural context and practices of different communities. The video mentions the need for culturally sensitive sexual education and awareness campaigns to effectively communicate the impacts of child marriage and change social norms. This approach is crucial for engaging with communities, like those in the Bangsamoro region, to address child marriage.

💡Transition Period

The transition period mentioned in the video refers to the one-year suspension of the implementation of certain provisions of Republic Act 11596 for Muslim Filipinos and Indigenous peoples. This period is intended for extensive measures and programs to ensure full compliance with the law, reflecting the need for a gradual and inclusive approach to legal reforms.

💡Muslim Personal Laws (PD 1083)

Muslim Personal Laws, or Presidential Decree 1083, is a set of laws that govern personal matters, including marriage, for Muslim Filipinos. The video discusses how some provisions in PD 1083 allow for child marriage, which contradicts the new Republic Act 11596. This highlights the legal and cultural complexities in addressing child marriage within the Muslim communities in the Philippines.

💡Awareness Campaigns

Awareness campaigns are initiatives aimed at raising public consciousness about specific issues. In the video, it is emphasized that raising awareness about the effects of child marriage is key to the successful implementation of the law prohibiting it. These campaigns are necessary to change social norms and attitudes towards child marriage and to protect the rights of children.

Highlights

Child marriage in the Philippines is a significant issue, with approximately 726,000 Filipino children married before the age of 18 in 2017.

The Philippines ranks 12th globally in the absolute number of child marriages, with 15% of girls married before 18, and 2% before the age of 15.

Child marriage is prevalent among moral and Indigenous people in the Bangsamoro region, where 62% of women belong to poor families.

In 2018, 68% of children in the Bangsamoro region were from poor families, leading to social and economic vulnerabilities.

The Philippines passed Republic Act 11596 in December 2021, which criminalizes child marriage and imposes penalties for violations.

The law prohibits the facilitation, solemnization, and cohabitation of child marriage, with penalties of up to 12 years in prison.

Despite the law, its implementation is suspended for one year for Muslim Filipinos and Indigenous peoples to allow for cultural considerations and awareness programs.

Republic Act 11596 voids any child marriage from its inception, nullifying the marriage contract and considering child marriage a form of abuse.

There is tension between the new law and the Code of Muslim Personal Laws (PD 1083), which allows child marriage at the age of puberty.

The practice of child marriage contradicts the Constitution and international obligations, violating the rights of girls and women.

In many Muslim countries, such as Saudi Arabia, Indonesia, and Turkey, the legal age of marriage has been raised to 18 or 19.

Child marriage leads to negative consequences for girls, including denial of education, perpetuation of poverty, early pregnancy, and increased maternal mortality.

There are concerns about the consent capabilities of girls under 18, as legal contracts require the presence of a guardian for minors.

The criminalization of child marriage needs to be supported by complementary measures, programs, and awareness campaigns to change social norms.

The Department of Education is required to create culturally sensitive sexual education curricula to raise awareness about the impact of child marriage.

Transcripts

[Music]

thank you

is

unite for girls breaking the cycle of

child early and forced marriage and

immigrants in the Philippines

a member of the parliament transition

Authority

foreign

[Music]

thank you very much to save the children

for the invitation to speak on this

topic in your program

my topic is on the problem of child

marriage specifically in the Philippines

and in the bangsamoro and how to help

end the practice in the bangsamoro

child marriage or marriage below the age

of 18

actually happens worldwide it's not just

in the Philippines while its prevalence

is in Decline it remains common in

different parts of the world in the

Philippines the practice is highly

associated with moral and Indigenous

people

based on statistics approximately 726

000 Filipino children were married

before turning 18 in 2017 according to

the United Nations now this place the

country number 12 in the absolute number

of child child marriages globally 15

percent of our girls were married before

the age of 18 and of this figure two

percent got married before they even

turned 15 and this roughly translates to

one out of six Filipino girls finding

herself married before hitting the age

of 18.

autonomous region in Muslim Mindanao

which is a new entity an autonomous

region that has been set up through a

low or 11 054 we are still in transition

now

um with a population of 3.8 million and

from this 3.8 million more than half of

whom are female

and in the bangsamoro ethnic minority

Muslim women continue to face different

forms and multi-layered discrimination

on the basis of their soggy or social uh

orientation their religion their sex

ethnic language ethno linguistic group

among others either in their communities

or outside their communities and this

contributes to their vulnerabilities to

abuse and violence in the bangsamoro 62

percent of women in the barn belong to

poor families in 2018 that is more than

half of the women in the bangsamoro

autonomous religion in Muslim media now

that belong to poor families this is

equivalent to more than 1.2 million

women in 2018 who struggled to meet

their basic food and non-food needs

what's worse is the poverty in residents

among our children

so 68 of children in the barn belong to

poor families according to the

Philippine statistical Authority data in

the barn there were approximately 88 600

child Brides according to the bangsamora

commission on women

now these numbers are important to the

child and early marriage discourse

because the practice is deeply linked

with the social economic vulnerabilities

facing our children and families

now recently in December 2021 the

Philippines passed Republic act number

11596 or the law prohibiting the

practice of child marriage and imposing

penalties for violations

this in effect criminalizes child

marriage now there are some key policies

in this law that are sought to be

implemented by the Philippine government

one is to abolish traditional and

cultural practices and structures that

perpetuate discrimination abuse and

exploitation of children

second is to abolish the unequal

structures and practices that perpetuate

discrimination and inequality

marriage shall be entered into only with

the free and full consent of capacitated

parties and that child marriage is

considered as child abuse because it

debases it degrades and demeans the

intrinsic worth and dignity of children

now there are penalties

um to the unlawful acts that are deemed

as public crimes under this law are a

number 11596 which prohibits the

practice of child marriage so the

following are the unlawful acts one is

facilitation of child marriage two is

solemnization of child marriage and

third cohabitation of an adult with a

child outside of wedlock so this is the

live-in uh kind of partnership between

an adult meaning 18 years old and above

and a child outside wedlock so a child

is below 18 years old that is now a

public crime now there are penalties

under this law a person who causes fixes

facilitates or arranges a child marriage

will be subject to fines or end prison

time with a penalty of up to 12 years in

prison if the perpetrator is apparent a

step parent or guardian of the minor now

those who violate the law by performing

or officiating the formal rights of a

child marriage or the solemnizing the

child marriage will also receive fines

and slush or prison time and those in

positions of public office will be

disqualified from office

now what is the legal effect of child

marriage under this law once this law is

implemented now child marriage is

considered void of initial meaning it is

null and void from the beginning

it is as if there was no marriage at all

the action and defense for the

Declaration of absolute nullity will not

prescribe in accordance with the family

code of the Philippines

foreign

implementation of RA number 11596 is

actually suspended so there is a

transition period right now uh for one

year uh within which the uh section 4 A

and B and section 5 shall not be uh

affected or will be suspended not to to

Muslim Filipinos and Indigenous peoples

and within that one year the national

Commission on Muslim Filipinos and the

national commission are indigenous

peoples are required to undertake

extensive measures and programs in their

jurisdictions to assure full compliance

with the law so the law again is

suspended uh the application of the law

is suspended to Muslim Filipinos and IPS

for one year now what are these section

for a section 4B and section 5. so these

are the unlawful acts of facilitation of

child marriage for Section 4A

solemnization of child marriage for

Section 4B and section 5 which says that

these acts are considered as public

crimes uh and can be initiated by any

concerned individual now the law has a

repealing clause that states that all

laws decrease executive orders rules and

regulations or any of their Provisions

that are inconsistent with the law are

repealed and modified accordingly and

what does this mean so there is a

current law uh that has been in effect

since 1977 the code of Muslim personal

laws now this law are a number 11596 has

practically amended all policies on

marriage including the provision in the

code of Muslim personal laws which allow

child marriage or marriage below the age

of 18.

now there are issues and contentions

that have been raised from the Muslim

communities communities in the in the

banks tomorrow autonomous region in

Muslim Mindanao and one of them uh is

the law itself PD 1083 which is the one

of the subjects of debate relative to

the child marriage specifically on its

provisions on Muslim marriages and and

these are the issues one of the issues

that was raised was that ra

11596 actually contradicts the beliefs

of Muslim communities and the

established Sharia principles that are

found in pd1083 so that is the

contention and that the the law was

passed and decided upon by people

outside the Muslim Filipino communities

there were also issues uh where they

raised questions on religious freedom

and the constitutionality of the slow

there were issues on criminalization and

the penalties and that there are

allegations that this law that prohibits

child marriage and criminalizes child

marriage will not apply to Muslim

Filipinos because of their

non-subscription to the family code now

these issues were raised mostly by

Muslim leaders and some political

leaders personalities I think it is

important to recognize that any

contentions could have been avoided if

the legislation had emphasized

inclusivity or the authorities expanded

the discourse on the matter and this

only means that there is a need to

continue the dialogues with the Muslim

communities all over the country

specifically in the barn

now on child marriage and presidential

decree 1083 or the code of Muslim

personal laws now the provision on

marriage establishes and reinforces the

inferiority of Muslim girls and women if

you read pd1083 which allows child

marriage or marriage below the age of

18. it is repugnant to the Constitution

because these Provisions violate the

Philippine obligations under

international law specifically on child

marriage it contravenes the guarantee of

equal protection it falls beyond the

Ambit of religious accommodation and it

is not covered by the right of

indigenous cultural communities to

preserve and develop their cultures

traditions and institutions why because

again the practice is harmful to both

girls and boys

now on child marriage and Islam now if

if you look at the history Muslim women

and girls have been subjected to unfair

treatment within predominantly Muslim

societies previously this does not stem

from the religious mandates of the Quran

as some may argue because the Quran

actually promotes the rights of women

and promotes equality and Equitable

rights between men and women boys and

girls now if we discuss about uh

muamalat or the socio-economic aspect of

the lives of the Muslims versus ibadat

or the ethical religious categories in

quranic legislation interpreting verses

that pertain to socio-economic relations

may be subject to change and Social

Development and that is why you will

find that in many predominantly Muslim

countries nowadays in the year 20 2023

their age of marriage has already been

set at 18 years old in some countries

it's at 19 years old in the Kingdom of

Saudi Arabia the age of marriage is set

at 19 years old in Southeast Asia like

Indonesia the age of marriage is set at

19 years old it's only in the

Philippines in the Muslim communities

and under PD 1083 where the age of

marriage is set below 18 years old what

what is the age of marriage under PD

1083 for girls it is when they reach the

age of puberty when they menstruate and

if they can they demonstrate that nine

years old they are already eligible for

marriage so just imagine nine years old

10 11 12 13 14 15 year old girls getting

married at a very tender age so Islamic

law they States actually the fundamental

mental equality of men and women

and that marriage is a contract it is a

contract it is a covenant that can only

be solemnized with the consent of both

parties so the consent of both the

bride-to-be and the groom to be now the

defectiveness of consent at such a young

age is a matter of grave concern the

question is are children capable to give

such consent if they are just 10 years

old 14 years old 15 years old 16 years

old actually legally they could not give

consent they could not sign any contract

without the presence of their guardian

or their parent if they are below 18

years old so in the case of marriage why

is it that we allow marriage below 18

years old and this is one of the reasons

why in many predominantly Muslim

countries these other countries like

turkey Jordan

um uh even Algeria and Morocco Tunisia

all of these countries have already

increased their age of marriage

now what is the reason why

um a lot of us are advocating for the

end of child marriage or early marriage

or even forced marriage what is the

reason what what are the consequences

what's the impact of child marriage on

children especially girls and this also

there are also negative impacts or

Consequences on the boys actually child

marriage do not serve any valid purpose

and pose significant harms to minors

the consequences of child marriage on

girls and boys are numerous

directly causing grave harms including

the denial of Education perpetuation of

poverty and increased likelihood and

risks of early pregnancy

childbirth and consequently maternal

mortality

there they there may also be their

vulnerable girls are more vulnerable to

sexual violence so child marriage if a

girl uh gets married at a very young age

it's usually a company accompanied by

early pregnancy and frequent pregnancy

and child birth which results in

increased maternal mortality rate we we

have data on this there is data in the

Philippines there's data all over the

world that these are one of the dire

consequences this is one of the dark

consequences of child marriage The

increased maternal mortality rates for

girls child marriage perpetuates the

cycle of engendered poverty preventing

many of them from continuing their

education and because they are unable to

finish their education up to the college

level or even up to the senior High it

reduces their opportunity it reduces

their employability reduces their

opportunity for employment

once they get married even if we say

that they should continue studying they

should continue going to school

usually if a girl gets pregnant and she

has to perform responsibilities as a

child mother over her child then she

would have to stop going to school it is

a necessary consequence of early

pregnancy and early childbirth so girls

who married before the age of 18 are

more at risk also being subject to

physical sexual and emotional violence

and and looking at it generally child

marriage or early marriage and which are

considered as forced marriages limit

opportunities across the board including

those around sexual and reproductive

Health decision making

so what are the ways forward what do we

do now now that we have a law that has

been passed which criminalizes the the

solemnization of uh child marriage what

what do we do now now the the

criminalization of child early and

forced marriage alone is actually

insufficient even if we have this law if

we do not introduce complementary

measures and support programs for this

um advocacy child marriage is a harmful

practice that should be abolished

because of its effect on children

especially the girls it perpetuates

discrimination against women and girls

abuse and exploitation while

ra11596 is an important and necessary

policy to end the practice in the

Philippines we must ensure that this law

will will not be abused and that its

implementation shall be guided by our

genuine intent to protect our children

and respect for religious and cultural

diversity

we need to keep the conversations going

we need to reach out to Muslim Filipino

and Indigenous communities we have to

promote safe and pluralistic discussions

with the communities and religious

leaders and interest groups

now we also need to build on the data

and the evidence that we already have

now this is to pursue a context driven

and evidence-based interventions in and

outside the bangsamoro autonomous region

our partners in the Civil Society and

international development organizations

can help with this

for the bangsamoral leadership there is

a need to follow through on the

discussion on pd1083 83 and

ra11596 there's a need to discuss the

important issue of age of marriage and

include the review of such structural

and legal barriers in the regional

governance agenda for the national

agencies the action points during the

transition period should include the

coordination and cooperation with the

bangsamoro government the representative

of bangsamora people and their interests

and these include the national agency's

ncmf and ncip the government's efforts

to prohibit child marriage must include

measures

to challenge entrenched social norms and

discriminatory gender stereotypes that

underlie the whole practice of child

marriage in the country under the new

law for example the Department of

Education will are is required to

develop a sexual education curriculum

that will include culturally sensitive

modules and discussions around the

impacts of child marriage in order to

shift social norms and attitudes so that

is the more difficult part how to uh

shift how to change social norms how to

shift the way people think and approach

the issue of child marriage and even

early pregnancy or pregnancy outside the

bounds of marriage

in addition the law directs other

government agencies to develop programs

and campaigns aimed at raising awareness

I think that is key to to the success in

the implementation of this law it is to

raise awareness about the effects of

child marriage and second protect the

victims the government should make sure

that mechanisms are in place to

guarantee implementation of the

provisions related to support

property relations and costly

that's it I hope you were able to pick

up something from my presentation

foreign

[Music]

[Music]