Colombia prohibits child marriage without exceptions following tireless advocacy efforts

Colombia has become the latest country to prohibit child marriage without exceptions, after the Senate passed the legislation on Wednesday, November 13, 2024. This new law represents a crucial step in protecting the rights of girls and adolescents by prohibiting child marriage and de facto marital unions without exceptions for individuals under the age of 18. This reform will close a legal loophole that has enabled harmful practices and violated constitutional principles such as the right to integral development, equality, and protection against all forms of violence.

By banning child marriage and early unions, Colombia is making a clear commitment to gender equality and the rights of children and adolescents.

How prevalent is child marriage in Colombia? 

Colombia ranks 11th in Latin America and the Caribbean and 20th globally in terms of adolescents who marry or enter early unions before the age of 15. These human rights violations perpetuate cycles of poverty and expose girls to severe risks, such as sexual and domestic violence, early pregnancies, and school dropout, particularly in rural and Afro and Indigenous communities

As is the case in many parts of the world, child marriages and early unions in Colombia often involve older men and younger girls. This age difference can create a substantial power imbalance in the relationship, giving the husband more authority, both socially and economically, and leaving young wives more vulnerable to various forms of exploitation and abuse, including domestic violence. 

Colombia’s international obligations to end child marriage 

Child marriage constitutes a serious human rights violation, as recognized in international instruments, including the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, known as the Belém do Pará Convention, which marks its 30th anniversary this year. Colombia, as a signatory to various international conventions, is obligated to uphold standards that explicitly prohibit marriage before the age of 18, recognizing it as a harmful and forced practice.

Key frameworks, particularly those established by the Committee on the Rights of the Child (CRC) and the Committee on the Elimination of Discrimination against Women (CEDAW), provide a comprehensive international mandate aimed at protecting children’s rights and advancing gender equality. For example, General Recommendation No. 31 issued by both committees underscores that children should not be allowed to marry, even with parental consent, as it undermines their rights to education, health, and development. Similarly, General Comment No. 18 of the CRC specifically identifies early and forced marriage as a deeply harmful practice, which is often rooted in entrenched gender stereotypes that view girls and women as inferior to boys and men, thus perpetuating gender inequality and societal discrimination.

By removing legal exceptions, Colombia will align its regulations with international standards and ensure full protection of the rights of girls, respecting their ability to make informed decisions about their own futures.

A landmark victory following years of advocacy by civil society 

Civil society in Colombia has fought long and hard for this critical reform; with this law being the ninth such bill which has sought to address child marriage. It’s encouraging to finally see the outcome of years of dedicated work and collaboration pay off when all previous bills have failed. Banning child marriage is a necessary step to protect girls’ rights and close a legal loophole that has harmed countless girls. 

In August 2024, we published a policy brief, Ending Child, Early and Forced Marriages and Unions in Colombia, analyzing the current situation in Colombia, the relevant international and Inter-American human rights frameworks, as well as the impact of the [then] proposed legislation. The policy brief argued that passing the bill is essential for eradicating child, early, and forced marriages and unions (CEFMU) in Colombia and ensuring the country’s compliance with its obligations under international and regional human rights law.

Additionally, we submitted an amicus curiae brief to the Constitutional Court, providing technical-legal inputs to strengthen the debate. Together with local and regional organizations like Girls Not Brides, Profamilia, Poderosas, Fundación Juanfe, La Colada, Las Guaguas, and Genfami, we developed an advocacy document titled 8 Things You Need to Know About Child Marriage and Early Unions in Colombia, which was shared with senators during various debates.

Our advocacy breakfast with senators, held along with partners in the context of the First Global Ministerial Conference on Violence Against Children, provided a crucial final push for the bill’s approval, with the Senate President committing to prioritize the vote on the plenary agenda—a promise that has now been fulfilled.

How this new law will support efforts to end child marriage in Colombia and across the region

By removing the legal pathway for children to marry, the law encourages families and communities to prioritize education and personal development for girls. This not only improves their long-term economic prospects but also strengthens their ability to assert their rights.

The new law also includes provisions for educational programs to raise awareness about the causes and consequences, the establishment of a National Program of Comprehensive Care for Life Projects for children and adolescents, and yearly reports from the Ministry of Equality and Equity to Congress, evaluating the law’s progress and achievements. 

What’s next for efforts to end child marriage in Colombia 

Passing the law is only the first step; eradicating child marriage requires more than just legislation. Effective implementation is crucial and must go beyond a total ban by addressing the root causes of child, early, and forced marriages and unions.  The true impact of the law will depend on a strong commitment to its implementation and an intersectional approach.

Equality Now works with partners across Latin America and around the world to end harmful practices, including child, early, and forced marriage. We lead global campaigns against harmful practices, pushing for states to enact and implement effective laws and to be held accountable to their international obligations. Collaborating with our network of regional partners, we strengthen grassroots efforts by amplifying the voices of local activists to leaders, policymakers, and citizens everywhere.