A comparison of child marriage and polygamy from a human rights perspective: are the arguments equally cogent?

Abstract

This article examines international human rights treaties and considers the extent to which child marriage and polygamy infringe their provisions. The paper demonstrates that the two customs often violate the same human rights, for example the right to equality, and that several harmful practices, such as female genital mutilation and spousal abuse, are sometimes associated with both forms of marriage. However, the article concludes by asserting that the case against child marriage is stronger than that against polygyny and as a consequence the international community is unlikely to draft a treaty that outlaws the latter.

Keywords:

• child marriage
• polygamy
• human rights
• international law