Equality Now submitted an Amicus Brief asking the Constitutional Court of Colombia to declare the unconstitutionality of laws that permit child marriage in Colombia

Equality Now submitted an amicus curiae to the Constitutional Court of Colombia as part of its review of the constitutionality of laws allowing child marriage. Initiated by citizen petitions, this case challenges these laws based on Colombia’s international human rights commitments, emphasizing gender, childhood, and adolescence perspectives. The amicus analyzes international standards established by the Committee on the Elimination of Discrimination Against Women (CEDAW) and the Committee on the Rights of the Child, specifically addressing child marriage as a harmful practice. It highlights the adverse effects this practice has on the ability of children and adolescents to fully exercise their rights. Additionally, the amicus underscores Colombia’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child regarding the prohibition of child marriage and protection against violence. It also addresses the link between child marriage and child sexual exploitation, viewing it as a form of forced marriage according to the Inter-American Commission on Human Rights.

The amicus curiae argues that Colombia must fulfill two specific obligations through its Constitutional Court:

• Mandatory Conventionality Control: The Court must autonomously ensure that national laws comply with international human rights agreements. This control involves verifying that domestic legislation aligns with international norms.
• Application of International Human Rights Standards: The Constitutional Court must apply the jurisprudential doctrine that ensures the highest levels of protection for human rights.

The brief specifically targets the unconstitutionality of several provisions that permit child marriage:

• Article 117 of the Civil Code: Requires minors to obtain written permission from their legal or natural parents to marry.
• Article 124 of the Civil Code and Paragraph of Article 53 of Law 1306 of 2009: Both maintain the minimum age for marriage at 14 years for boys and girls.

These provisions contradict Colombia’s regional and international obligations to protect girls and adolescents within its territory, contributing to child and forced marriages that disproportionately impact women, girls, and adolescents globally. Such practices violate human rights and prevent girls and adolescents from living free from all forms of violence.

Given these inconsistencies with international obligations, Equality Now argues that the Full Chamber of the Constitutional Court should declare the national legal framework that permits the marriage of and among persons under 18 years of age unconstitutional.