Bata-lakayan Ep. 2: Anti-Child Marriage Law
Summary
TLDRThe 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
🌏 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.
📜 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.
🤔 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.
👥 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.
🔄 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.
Mindmap
Keywords
💡Child Marriage
💡Bangsamoro
💡Republic Act 11596
💡Poverty
💡Discrimination
💡Sexual and Reproductive Health
💡Maternal Mortality
💡Cultural Sensitivity
💡Transition Period
💡Muslim Personal Laws (PD 1083)
💡Awareness Campaigns
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]
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