Article 16 of the Declaration of Human Rights and its consequences

Arriving at a compromise when it comes to agreeing on hundreds of different states, each with its own ideology, tradition and culture, becomes an arduous challenge, and it is often preferred to leave more freedom of choice and actions to individuals, in order to gain majority support anyway. This often happens at the international level, when the world community has to identify common ground, often dividing itself, each firm in its positions and claims. Each state claims to have a voice and wishes to have its idea approved; each appeals to the right to have its national identity protected, and to be understood in its particularities and needs.

The Universal Declaration of Human Rights of 1948 resulted from this intensive and difficult work of agreements, meetings of different points of view, and above all, compromises. Many articles were deliberately left vague and lacking in detail, allowing states to retain more freedom in defining them better within national legal systems. This resulted in indeed greater legislative and implementation differentiation at the international level, while at the same time allowing for a high number of ratifications, a sign, at least in theoretical form, of the acceptance of compliance with the norms and principles contained in the Declaration.

Article 16 in particular, is one of the articles that devolves to states the responsibility to unilaterally define the precise meaning of the terms and concepts used, going to supplement the international norm with additional national laws. Specifically, Article 16 in paragraph 1 mentions "Men and women of suitable age have the right to marry and to found a family, without any limitation of race, nationality or religion. They shall have equal rights with respect to marriage, during marriage and at the time of its dissolution."

In this case, it is the choice of the pair "suitable age" that is puzzling and confusing. In fact, the relativity of the term allows ample room for interpretation by individual countries, each of which is necessarily influenced by the non-negligible internal social, economic and cultural characteristics that claim to be addressed and treated differently. For this reason, national laws placed to supplement Article 16, which go to define "suitable age" place (or do not place) different limits depending on the country. Many of these for example, have considered reaching the age of 18 as suitable and sufficient, while still allowing union at 16 but only with parental consent and if the opinion of the minor concerned is taken into consideration. Many others, on the other hand, have not intervened in the matter, leaving marriage and family formation to be handled and dealt with under the cover of Article 16 alone.

Subsequent conventions, international covenants and the United Nations General Assembly itself have therefore sought to incentivize those states still in default to include clear age restrictions in their laws, ruling in favor of state initiatives. This is both for greater clarity at the international level and above all to avoid the sad and all too frequent phenomenon of early marriages, so-called "child marriages." They unfortunately turn out to be a phenomenon of interest in almost all states, in lesser or greater frequency, but with the same negative impact on the children in question. For the greater protection of those who are not of the proper age to contract marriage, according to what has been derived from the various rulings of the International Court pronounced on the matter, the phenomenon has been considered as a violation of human rights and the rights of minors. The harsh condemnations to the countries concerned want action and clear measures that will thus enable the achievement of the "Zero Child Marriage" goal included in the 2030 Agenda for Sustainable Development.

An ambitious goal, but one that aims to improve the living conditions of individual children. In fact, so-called "Child marriages" have negative effects on lifestyle, health and education: early pregnancies and abortions, serious life risks for young mothers, social exclusion, limited educational path, and increased poverty.

In addition, the World Bank also found important negative consequences impacting not so much the individual, but the whole community; in fact, it is estimated that countries with a higher number of early marriages, also register a decline in total income and national production.

This is a tremendous and disturbing phenomenon, difficult to control but absolutely to inhibit both for the dignity of individuals and for the collective well-being.

The data collected note that poor countries are most affected by the phenomenon, either because of a lack of knowledge of risks, rights and protections, or because of cultural and ethnic traditions, such as the exchange of wives for money needed to support the rest of the family.

Unicef, Human Rights Watch, and other international humanitarian organizations estimate that there are 650 million girls and women today who married as minors, and continuing at this rate, by 2050 there will be 1.2 billion women who will have married before reaching the age of majority, understood to be 18.

Frightening estimates, leading one to wonder what has been done internationally and nationally to counter this phenomenon, or rather what has not been done.

"Adults," "children," "maturity," "youth," "suitable age"; relative and too labile terms that should be precisely defined so that they become clear and universally valid concepts, leaving no room for doubt and different interpretations. Concepts that would become dogmatic, thus able to preserve the integrity and growth of the youngest and the defenseless, without preventing them from opportunities and dreams.

Translated by Flora Stanziola