Child marital sex and the violation of human rights in Tanzania

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Periodical article

Title:	Child marital sex and the violation of human rights in Tanzania
Authors:	Ahanor, Stella N. Kalangson, Sekela M.
Year:	2013
Periodical:	Journal of African and international law (ISSN 1821-620X)
Volume:	6
Issue:	2
Pages:	703-719
Language:	English
Geographic term:	Tanzania
Subjects:	marriage children offences against human rights legislation
Abstract:	In Tanzania, the Law of Marriage Act provides that the minimum age of marriage for women should be 15 years of age, while simultaneously section 138 of the Penal Code Act, as amended by the Law of the Child Act, criminalizes sexual relations between a man and a woman who is his wife but who is not yet 18 years of age. The result of this conflict of law is a serious violation of fundamental human rights. Child marriage violates the rights of the child and the law that prohibits consummation of marriage of a woman below 18 violates marital rights. This article addresses this conflict of laws. The authors discuss the role of consummation in a marriage, analyse penal sanctions in Tanzania and examine the criminalization of child marital sex and human rights violations, explaining which rights have been violated. This paper is a call to end child marriage, and the authors set down a number of ways that make this possible by making a comparison with similar cases in India and Bangladesh. Notes, ref. [ASC Leiden abstract]