Beruflich Dokumente
Kultur Dokumente
DEVELOPMENT ECONOMICS
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Group :5
5.Dang Thi Ha
I.INTRODUCTION
II.LITERATURE REVIEW
IV.CONCLUTION
I.INTRODUCTION
According to statistics from the United Nations Population Fund in Viet Nam, the
world now has more than 700 million married women of child age. On average,
about one in every three women (about 250 million) is married before the age of
15. According to estimates by the United Nations Children's Fund (UNICEF), the
number of women who are compelled to marry at an early age will increase from
the current 700 million girls up to 950 million girls in 2030.
Over the years, Vietnam has made a lot of efforts in addressing child marriage. The
2014 Marriage and Family Law and the Children's Law of 2016 banned early
marriage and activities related to the organization and support of child marriage.
By 2015, the Prime Minister has approved the project to reduce the number of
underage marriages between 2015 and 2025. The Law on Marriage and Family
requires that men and women can be married when they are at least 20 years old
and 18 years old. But in many localities, especially in areas where many ethnic
minorities live in poor living conditions, parents and clans still allow girls to get
married before they turn 18. Results from the survey of assessing the targets for
children and women in Vietnam in 2014 show that the proportion of young women
aged 15-19 years married or living together is 10.3%. Northern mountainous areas,
Mekong Delta and Central Highlands have high rates of early marriage.
II.LITERATURE REVIEW
The Committee on the Rights of the Child defines child marriage as any marriage
where at least one of the parties is under 18 years of age. The Committee urges
countries to set the minimum age for marriage for men and women (with or
without parental consent) to 18 years (File nos. CEDAW/C/GC/31-CRC/C/GC/18,
para 20 and CRC/GC/2003/4, para 20).
UNFPA and UNICEF define child marriage as ‘’a formal marriage or informal
union before age 18’’, thus also recognizing the importance of including non-
formal marriages or unions in this notion. Cohabitation - when a couple lives ‘in
union’, as if married – raises the same human rights concerns as child marriage.
In Viet Nam, early marriage is considered a marriage where one or both partners
have not reached the minimum legal age for marriage, which is 18 years for girls
and 20 years for boys (Art 8.(1) of the Law on Marriage and Family).
Taking the above into account and the context of Vietnam, this presentation uses
the term ‘’child marriage and early unions’’ to cover formal marriage and informal
union before the age of 18.
When the term ‘’early marriage’’ is used, it refers to the Vietnamese definition.
Social media and mobile technology have been accessed increasingly every day so
young people are able to make friends, broaden their social relationships easily
without meeting each other in a real life. Young people in Vietnam have rapidly
embraced the digital age and social media as an essential part of their lives. This
brings opportunities, but also risks. One risk posed by the internet and new social
media environments is related to grooming, trafficking and exploitation of
adolescent girls. There is a high level of willingness amongst Vietnamese children
to share personal information or photos on the internet, on social media that could
be used to locate them. Traffickers increasingly use the internet, gaming sites, and
particularly social media to recruit victims. They use methods, such as deception
and befriending of girls, to lure them into vulnerable situations. For example,
traffickers go online to find girls, invite them to shop in border provinces, then
traffic them across the Chinese border where they are subjected to forced marriage
and sexual exploitation. Reliable statistics on trafficked girls who have become
victims of forced marriage are not available, but there is growing evidence that
cross-border trafficking for forced marriage is a pressing issue. Critically, parents
do not provide enough supervision and knowledge of the risks of social media and
the internet, and do not teach their children how to use social media safely. There
is a need for digital literacy among young people and their parents, so they
understand the risks and develop some ways to act and behave safely.
While the law prohibits child marriage, the practice continues to exist. The
enforcement of prohibitions created conflicts between law enforcement officers –
who were often members of the community – and other community members. This
is the reason why the legal framework has not been applied consistently.
Moreover, other countries have found that a strict legal and punitive approach to
reduce child marriage is not effective when addressing certain types of marriage,
including “love marriages” and “marriages to resolve pregnancy”. The government
is unable to control the practice of under-age couples living together and marriage
may still take place either without formal civil registration or by paying the fines.
- Urbanization, with parents occupied to earn a living, often leaving their children
behind.
In this day and age, child marriage is an issue of broad interest to the general
public. Researching and understanding about this problem show everybody the
advantages and disadvantages for victims and society.
First and foremost, child marriage brings financial benefits to the bride's family.
The early marriage status is common in ethnic minority areas which most families
have many children. If they were girls, those children tend to get married soon.
Before the wedding, the groom's family will bring gifts to the bride's home to ask
for brides. Those presents are of great value to the bride's family because they can
pay for the wedding and get out of poverty. For example, in Hmong families, if a
groom wants to marry his bride, his family will give a bride price for the bride's
family. That money is called the compensation cost for her family after nurturing
her. Sometimes, a bride price is very high. Therefore, that is also a reason for poor
families to marry girls early and earn that money for family life. The grooms'
family are also very beneficial after the wedding because they will have more
people to work and maintain the families' life. Brides will take care of almost all of
the members in grooms' families as well as help their husband in business and
work. Hence, child marriage to both of the family has several benefits.
On the other hand, child marriage has adverse effects on people. From a health
standpoint, the phenomenon of early marriage seriously has an impact on the
health of both mothers and their children. When girls bear children while they are
children themselves, they are really in danger. Although a child bride survives
childbirth, they are completely at risk for health complications later. Early
pregnancies make child brides vulnerable to obstetric fistula. They can be
supported to prevent complications, but their strength will weaken and it is very
difficult to give a birth again. More seriously, a child bride can die while giving a
birth. According to local health agencies in Vietnam, the generality of newborns
born to adolescent girls are often ricks and lack of nutrition which makes the
children grow slowly and face death soon. Statistics from the agency said that for
every 10 births to child brides, three forths were dead and the rest are mostly
malnourished. This is an extremely disappointing reality.
As far as the mental effect is concerned, child marriage disorders the boyhood of
brides and grooms. When they have a wife or a husband, they will not rest and
relax. Besides, they also will not take part in recreational and cultural activities
which appropriate to their age. But why? Because they have a family and their life
turn around this family. They have to work and care for all members. They are also
responsible for their children, for example, teaching them how to behave with the
elders, teaching them to study, playing with them and so on. While the children of
the same age are playing comfortably, girls after marriage will be at home to do all
the housework. Although their husband is about 15 or 16 years old, he began to
work to pay the daily expenses of the family. Their childhood is completely
different from other children. This is a life of adults and full of anxiety.
From a social standpoint, it is obvious that the early marriage status has critically
influenced the development of the whole society. The civilization where the
proportion with physical disabilities, mental retardation, and disabilities will be a
burden on human life. That will reduce the competitiveness of the economy.
Talking about child marriage, most couples are very young. They lost the
opportunity to learn, lack social knowledge, so they easily fall into poverty. Many
couples lead to divorce and directly impact on children's rights. It is tough to
improve and develop effectively. Additionally, there is a research which recorded a
number of suicides had occurred when a girl was forced to marry a stranger. A lot
of girls choose death to escape from the child marriage because they want to have a
normal life. In the case study of the International organizations, a participant in the
study commented that one of her siblings had killed herself to get rid of her wicked
mother-in-law. Specifically, the existence of child marriage increases trafficking.
Vietnamese girls as young as 13 are tricked into selling to China. Fraudsters give
families a lot of money to ask for brides. Then girls are taken across the border to
sell as young brides. Vietnamese brides in foreign countries will suffer a
tremendously difficult life. This affects their family and generates influence on the
psychology of the whole society.
In the light of these facts, one can reach a conclusion that child marriage in an
alarming problem of the countries. This phenomenon is more harmful than good.
Hence, the authorities need drastic measures to prevent and reduce the serious
problem as much as possible.
In Viet Nam, the law on marriage and family issues stipulates that the age of
marriage in women are sufficiently rounded to 18 and men are rounded to 20.
Furthermore, it supposes that child marriage is an illegal and harmful practice that
is a serious violation of human rights. Now, the government is enacting many laws
to ban and penalize child marriage, such as Family Law of 2014; Decree No.
110/2013/ ND-CP dated September 24, 2013, law on Marriage and Family, law on
Children and Penal Code of Viet Nam, …
The Vietnamese law stipulates that acts of child marriage will be sanctioned if they
fall into two situations:
- Organizing marriage and getting married for underage marriage people;
In these two cases, depending on the level of the guiltiness, the act of child
marriage and the organization of child marriage will be punished from
administrative sanctions to criminal prosecution.
If the couples have been administratively sanctioned and continue to maintain their
spousal relationship, Article 148 of the Penal Code stipulates that: “Anyone who
has been administratively sanctioned and continues to commit one of the following
cases shall be warned, reformed non-custodial for up to two years or been a prison
from three months to two years:
Although there are many solutions as well as clearly defined laws, but the child
marriage is still occurring mainly in ethnic minority areas in mountainous and
western Nghe An due to complex underlying factors. The popular problem is that
the legal framework is neither sufficiently enforced nor effective for certain types
of child marriage. It was suggested that there are three reasons creating that issue.
Firstly, the enforcement of prohibitions caused conflicts between law enforcers and
other community members in most area. Moreover, some party members have not
yet complied with the law on marriage and family, especially some children's
cadres still practise child marriage. Although the marital relationship is not
recognized by law, localities are very indifferent in dealing with child marriage and
organizing child marriage. In addition, Law enforcement is not meaningful when
dealing with some kinds of child marriage, including “love marriages” and
“marriages to resolve pregnancy” because under-age of marriage couples still may
live together without formal civil registration or by paying the fines.
Therefore, the eradication of child marriage need the co-operation, the strong
impact of the whole political system.
There are many articles and researches related to the topic “child marriage”. In this
part, we will analyze some of them by giving a glance of main contents of the
article/study and more importantly, our own opinions to their conclusions and
programming recommendation for the government of mentioned nations.
1. Situational analysis on child, early and forced marriage in Vietnam, Laos and
Cambodia
The research was conducted by Ashley D. Jordana in order to help World Vision to
tackle child, early and forced marriage (CEFM) in four ASEAN countries namely
Vietnam, Laos, Cambodia and Myanmar by filling the current shortage knowledge
about CEFM. In this report, each country was considered under different
perspectives: landscape analysis, national overview, social overview, the nation
human rights framework, review of international instruments, involvement of civil
societies in CEFM, child marriage (overview, causes, impacts). Now, we take a
deeper look at child marriage situation in Vietnam.
a.Overview of CEFM
CEFM remains widespread in Vietnam, increasingly so in rural areas, including the
mountainous provinces of the North, Northwest and Central Highlands of Vietnam.
Child marriage happens mostly among ethnic minorities with the rate 26,6%
among 53 groups of ethnic minorities.
-Harmful practices
Many young parents who have not had marriage licenses, have not
registered child registration for their children until they legally register the
marriage first in order to avoid fines.
+Adolescent pregnancy
When girls have to give birth at early stage of their life in order to prove
their fertility for their family in law, they are to face the health complications
which are preventable. Statistics from the agency said: ‘for every 10 births to
a girl under the age of 18, 3.4 were dead and cases of malnutrition were
countless, occupying the large majority of cases’. In rural areas, the ‘under
five‘ mortality rate is at 22 per 1000 live births. Ethnic minority populations
have the highest rates at 43 deaths per1000 live births for girls under the age
of 18.
+Suicide
In a case study done by the ODI, girls who were forced to get marriage with
persons they did not choose, could consider killing themselves a way to
escape from this.
+Trafficking
Girls could be kidnapped and sold as brides for Chinese males who could
not get marriage females in their own country due to one child policy for
around 35 years and sex-selective abortion.
c.After that the author offered some methods role models for studied countries
which they should apply to address child marriage problem. According to him,
those measures below are applicable for 4 nations, but none of them proved to be
more successful than others in determining how policies and programs influence
puberty girls’ Development from childhood to adulthood.
4. Offering economic support and incentives for girls and their families and;
For role models, he gave the readers some policies or programs have been applied
successfully in several specific countries, which include:
In conclusion, overall, I strongly agree with the majority of this study, however
there are some points in the suggested methods that I found hard to agree from my
point of view. Firstly, for me, those methods seem to be too general that it uses one
pattern for all situations which is to ignore the diversity culture of each minor
ethics in Vietnam. Secondly, I do not think it is reasonable to apply to encourage
by money in Vietnam. Vietnam state budget has been already suffered from the
deficit by enormous foreign debts and other investment programs, if we use this
measure, it could place a serious burden on the budget. In addition, if a family
insists on forcing her daughter to build her own family due to their belief, the
question is that how much money will be enough for them to stop it.
The article was done by Young lives (an international study of childhood poverty)
and on February 2016. The article gives information about child marriage in
Vietnam including 4 main parts: the effect of early marriage to its victims, reasons,
solutions and implication for policy.
Early marriage has a negative impact on both immature women and her kids. For
girls, getting marriage under 18 put young women on risk of physically and
sexually abuse by their husbands. Moreover, young mothers and her kids may
struggle with higher mortality.
-Poverty, ethnic minority status and low empowerment are risk factors for early
marriage: Of the 462 young women in the Young Lives sample, 19% (85 girls)
were married by the age of 19 (Young Lives 2014). Of these, 30% had married at
age 16 or below; 39% at age 17; 26% at age 18, and a further four young women
(5%) had married at age 19. In other words, two-thirds (69%) were married before
the minimum legal age of marriage. Girls from poorest families or their parents did
not finish primary schools tend to be get marriage early. According to the study, in
some isolated village, early marriage is a result of a backward culture – abduction.
-School enrolment is a protective factor: the article also shows that attending
school is associated with a 35% lower chance of girls marrying at early age.
Besides, this effect is even stronger for young women from disadvantage
backgrounds at a 47% decline in the possibility of getting marriage early.
-Implications for policy: there are several solutions suggested by the author to
complement the law in fighting against this problem.
+ Helping ethnic minority girls and young women who leave school early
In conclusion, the article gives us useful knowledge related to child marriage and
convincing solutions which Vietnamese authorities could apply to solve this
problem. However, the last method I think it hard to implement in reality. This
method tends to change opinion of the elderly in families in order to prevent child
marriage because they are respective members and their words seem more
convincing. But there is a bitter truth that, the thoughts of the old are concrete and
they may find it impossible to alter it to a totally new thing; therefore, this measure
is not really practical. Instead, we should focus on role models who have been
successful to attain a better life by not marry early. Moreover, there is another
thing which I found on this article may offer a consideration. When the author cites
an example of a father in order to show that continuing education is an effective
way to prevent early marriage; the father told that he was willing to support his
daughter to pursue upper secondary school, but the daughter could be able to
understand Vietnamese official language (Kinh) because it was not her mother
tongue, she left school just after grade 4. So I believe we need to take more
attention to guarantee that teaching Kinh to the minority ethnic is effective.
- Hmong culture and history: Hmong community is one of the poorest minority
ethics in Vietnam due to their subsistence agriculture and total dependence on
weather. Besides, they have just slowly integrated to the modern world and
continued to maintain a lot of traditional culture and preferences on their daily life.
- Involvement with the government: program 135 has had positive influence on the
life of Hmong people by improving their standard of living
- Agency
- Hmong adolescent girls: our current knowledge about them is that there are lot of
backward practices still existing up to now such as
- Abduction marriage: it does exist and tend to be common; however young adults
do not think it is a negative thing because its sometimes base on their will.
- Marriage preparations
- Being married
- Fertility
IV.CONCLUSION