This article was originally published in Spanish by Agenda Estado de Derecho.
Op-Ed by Sandra Ramírez, Legal and Advocacy Advisor for Latin America and the Caribbean, Equality Now & Andrea Tague Montaña, Gender Officer, UNICEF Colombia
Child marriage and early unions are a serious violation of the rights of girls and adolescents, yet this issue has long been ignored in Colombia. Currently, the law permits minors as young as 14 to marry with parental consent, and many girls under 18 enter into informal unions, often cohabiting with older men. But this could soon change if Colombia’s Senate passes Bill PL 155/2023C, which seeks to eliminate child marriage and early unions for anyone under the age of 18, without exception.
Child marriage persists in Colombia
Despite global efforts to end child marriage and early unions, these harmful practices remain prevalent in many places, and in Colombia, the situation is concerning. UNICEF’s Situation Analysis of Child Marriages and Early Unions in Colombia 2010-2020 found the country ranks 20th worldwide for the number of girls married or in an informal union before age 15, while compared with countries in Latin America and the Caribbean (LAC), Colombia ranks 11th in adolescents married or in informal unions before turning 18.
The percentage of individuals entering unions between ages 15 and 18 in Colombia has not substantially declined over the past three decades, and the problem remains widely unrecognized and normalized. Deeply ingrained social and gender norms perpetuate this practice, with poverty significantly exacerbating the situation. In rural and Indigenous communities, rates are even higher due to traditions and economic pressures that increase the vulnerability of girls and adolescents.
Child marriage makes girls more vulnerable to other harms
The consequences of child marriage and early unions are wide-ranging, leaving girls more likely to experience sexual, physical, and emotional violence and unwanted pregnancies. Those who become pregnant at a very early age, before their body has matured, face a greater risk of pregnancy and childbirth complications.
Many are partnered with men two or even three times older. According to a report by UNICEF Colombia, “73% of girls aged 10 to 14 reported being in a union with men older than 20 years, while 45.7% of adolescent women aged 15 to 19 reported being in a union with men aged 20 to 24 years, and 42.4% reported being in a union with men aged 25 years and older.” Such age gaps create a power imbalance in relationships. Many girls are left dependent on their older partner, limiting their ability to give full consent or assert their rights.
Child brides and adolescent mothers commonly drop out of school, isolating them from peers and increasing the likelihood of mental health issues. Lack of education also curtails their opportunity to acquire the knowledge required for achieving financial independence and upward social mobility. This perpetuates cycles of poverty and hampers development, leaving them and their children more likely to experience social, economic, and personal hardships.
Colombia is failing to protect girls and adolescents
According to a 2024 report by Girls Not Brides, most Latin American and Caribbean countries, except Haiti and Uruguay, have set the legal minimum age for marriage at 18. However, at least 21 out of 32 countries have exceptions or loopholes that allow marriage at younger ages with parental or judicial consent.
Such is the case in Colombia, where marriage is prohibited for minors under 18, but the Civil Code allows exceptions for adolescents aged between 14 and 18 to marry with parental or legal guardian consent. This is often easily granted, especially in cases of pregnancy or sexual violence, where family and societal pressures play a significant role in early marriages. However, given the coercion and inequality that girls and adolescents face, their apparent consent may not be truly full or free.
A policy brief by Equality Now, Ending Child, Early and Forced Marriages and Unions in Colombia, highlights how Colombia has failed to provide adequate safeguards to prevent parents from forcing or coercing children into marriage.
Equality Now has examined Colombia’s legal framework and concludes that the country is violating international and regional human rights standards that it has signed regarding the protection of women and girls. These include the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, known as the Belém do Pará Convention, and the Convention on the Rights of the Child, amongst others.
Outlawing child marriage isn’t enough
Across the Latin America and the Caribbean region, 11 countries have enacted laws setting the minimum marriage age at 18 without exceptions. The Dominican Republic did so in 2020, and Peru in 2023. Puerto Rico has also set the minimum age at 21, requiring the consent of both parents to marry after 18.
However, outlawing formal marriage is not sufficient. After Mexico introduced a child marriage ban in 2020, there was an increase in informal unions. In Europe, a UNICEF survey on child marriage in Georgia found that 14% of girls aged 20 to 24 were married before their 18th birthday, despite legislation prohibiting marriage under 18.
Other countries have also faced challenges in eliminating child marriage. For instance, Guatemala passed a law in 2017 prohibiting marriage before age 18 without exceptions, but prevalence remains at 30%. Rates are especially high amongst Indigenous and rural communities, where awareness campaigns have been insufficient. The stark contrast between what statute books say and what actually happens highlights how laws can be ineffectual without robust implementation.
Effective application can be found in the UK, where following the introduction of a new law fully prohibiting child marriage for 16 and 17-year-olds, awareness raising has been successfully integrated across sectors, including education and healthcare. This multisectoral approach is proving successful in tackling the issue holistically.
Colombia must reform its child marriage law and ensure robust enforcement
In Colombia, the legal framework, alongside societal and cultural factors, continues to underpin a systemic failure to protect girls and adolescents, who are often coerced into child marriage or informal unions, becoming victims of exploitation and child labor.
Bill PL 155/2023C, which will soon face a final vote in the Senate, represents a crucial opportunity for progress. In addition to amending the Civil Code to prevent individuals under 18 from marrying or forming de facto unions, the bill emphasizes the importance of developing policies to address the structural causes of the issue. Its proposals include creating the National Program of Comprehensive Care for the Life Projects of Children and Adolescents, as well as a program to raise awareness about the drivers and consequences of early unions. Both initiatives should be integrated into the country’s existing Public Policy on Childhood and Adolescence.
Colombia requires a comprehensive, multi-sectoral, and well-funded approach that combines legal and public policy reforms with the strict enforcement of the minimum age for marriage. Close collaboration among key stakeholders is essential to ensure effective cooperation in addressing the structural factors that reinforce each other and to achieve concrete results across different sectors, as well as the effective enjoyment of rights for girls and adolescents.
Policies should prioritize raising public awareness about legal changes and promote social change through a better understanding of the negative impacts of child marriage and early unions. Engaging communities and encouraging their participation is crucial to creating an environment discouraging these harmful practices.
Girls and young women must have a central voice in the decision-making that shapes their lives, with diverse participatory methodologies applied that prioritize their interests and perspectives. Providing comprehensive sex education and reproductive health services is also essential. Only by empowering girls will Colombia be able to fully safeguard their rights and create a society where they are free to thrive.