3.

Adverse societal effects of lowering the marrying age

3.1. Violation of rights of women and children (Consti, RA Genosa Case, UDHR, CEDAW)
A. Early marriage denies young spouses of their Right to Education, Development, and
Employment

The most important social, economic, and cultural rights is the right to education not only in

the elementary and high school grades but also on the college level. Article 26 of the

Universal Declaration of Human Rights provides: "Everyone has the right to education.

Education shall be free, at least in the elementary and fundamental stages. Elementary

education shall be compulsory. Technical and professional education shall be made

generally available and higher education shall be equally accessible to all on the basis of

merit.1 It must be borne in mind that universities are established, not merely to develop the

intellect and skills of the studentry, but to inculcate lofty values, ideals and attitudes; may,

the development, or flowering if you will, of the total man. 2

2013 Functional Literacy, Education and Mass Media Survey results showed that of the

nearly 4 million out-of-school children and youth in the Philippines, 22.9 percent have

entered into union or marriage. Among females, 4 out of every 10 have already entered

marriage3 After marriage, access to formal and even non-formal education is severely

limited because of domestic burdens, childbearing, and family pressures. Early marriage

inevitably denies children of school age their right to the education they need for their

personal development, their preparation for adulthood, and their effective contribution to

the future wellbeing of their family and society. Indeed, married minors who would like to

continue schooling may be both practically and legally excluded from doing so.4

1
Villar vs. TIP, G.R. No. L-69198
2
Miriam College Foundation Inc.v. CA, G.R. No. 127930
3
Philippine Statistics Authority, Out-of-School Youth in the Philippines (Result from 2013 FLEMMS)
4
UNICEF, Early Marriage: Child Spouses, 2001
 Educational attainment is a key indicator of a society’s stock of human capital and level of

socioeconomic development. 5In comparing a high school graduate with someone with a

higher degree, the latter has a competitive advantage. The NSO survey on unemployment in

April 2010 serves to highlight this fact. Of all the unemployed, 44.5% constitute those who

have attained a mere high school diploma as opposed to college undergraduates

constituting 22% and even only 19.6% for college graduates.6 On the other hand, among the

obligations of spouses is the family’s support which comprises everything indispensable for

sustenance, dwelling, clothing, medical attendance, education and transportation, in

keeping with the financial capacity of the family, as stated in Article 194 of the Family Code.

Thus, deprivation of education hampers spouses from employment affecting their duty in

providing for their family’s financial support.

In the case of Azcueta vs. Republic of the Philippines, where the wife filed an annulment

case against her husband, one of the grounds of which is the latter’s financial

irresponsibility, the Supreme Court stated in its ruling: “In this day and age, women have

taken on increasingly important roles in the financial and material support of their families.

This, however, does not change the ideal that the family should be an "autonomous" social

institution, wherein the spouses cooperate and are equally responsible for the support and

well-being of the family. In the case at bar, the spouses from the outset failed to form

themselves into a family, a cohesive unit based on mutual love, respect and support, due to

the failure of one to perform the essential duties of marriage.”7

5
National Statistics Office, National Demographic Health Survey 26 (2008)
6
National Statistics Office, Survey on Unemployment (2010).
7
Azcueta vs. Republic of the Philippines, G.R. No. 180668