MANILA, Philippines – With the ceremonial signing of the Implementing Rules and Regulations (IRR) of RA 11956 or An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof, child marriages in all parts of the country, whether part of cultural or traditional practices, will be made illegal and void from the beginning, starting this year.
On Wednesday, December 7, the Department of Social Welfare and Development along with other government agencies, non-governmental organizations, and civil society groups advocating for the abolishment of the practice, gathered at the Novotel Hotel in Quezon City for the ceremonial signing of the IRR to give the concerned sectors proper guidelines on how to effectively implement the law.
The law, which was a consolidation of Senate Bill No. 1373 and House Bill No. 9943, passed on September 27, 2021, was signed by former president Rodrigo Duterte on December 10, 2021.
One of its co-authors, Bagong Henerasyon Party-list Rep. Bernadette Herrera noted in an interview during the signing that the education of young girls is sacrificed when they are forced into child marriages.
“Huwag naman silang gawing kasangkapan para magkaroon ng kapayapaan, maging kasangkapan para magkaroon ng mas mabuting pamilya, maging kasangkapan para umunlad ang buhay ng isang pamilya…hindi siya makatarungan” Herrera said during her speech.
(Translation: Don’t use them merely as an instrument for attaining peace, an instrument for having a better family, an instrument to uplift the living condition of a family…that is not fair.)
“That’s why we are here today..to give justice to our children, to give them a better future. Para may choice sila kung ano ang gusto nilang abuting pangarap para sa sarili nila (So they have a choice on what dreams they want attain for themselves.),” the solon added.
Under the law, the facilitation and solemnization of child marriage and cohabitation of an adult with a child outside wedlock will be declared “unlawful and prohibited acts.”
Any person who causes, fixes, arranges, or facilitates a child marriage shall suffer the penalty of prision mayor in its medium period and a fine of not less than PHP40,000.
Should the perpetrator be an ascendant, parent, step parent, or guardian of the child, the penalty shall be prision mayor in its maximum period with a fine of not less than PHP50,000, and perpetual loss of parental authority.
Any person who performs or officiates a child marriage shall suffer the penalty of prision mayor in its maximum period and a fine of not less than P50,000 in addition to perpetual disqualification from office if he or she is a public officer.
According to Unicef, globally, the Philippines ranks 12th in the absolute number of child marriages, and based on the 2017 Philippine National Demographic and Health Survey, 1 in 6 Filipino girls are married before they are 18 years old or the legal age of majority.
Girls Not Brides, a global network of more than 1,600 civil society organizations from over 100 countries committed to ending child marriage and ensuring girls can reach their full potential, stated that child marriage in the Philippines is exacerbated by trafficking, religion, level of education, adolescent pregnancies.
The organization also pointed to internal conflicts and displacement as a cause of child marriage in the country, citing the following incidences: “the displacement in the Bangsamoro region (most recently in 2015) resulted in a number of child marriage cases, as families in evacuation centers saw marrying off their daughters as a coping mechanism due to economic instability, fear of violence, and a felt need to maintain “family honour”. During the Marawi siege crisis in 2017, a survey by Plan International revealed that early and forced marriage was a common form of violence against girls in the evacuation sites and many girls were forced to marry their perpetrator in cases of sexual violence.”
The anti-child marriage law also gives emphasis on empowering children and their parents to end the cycle of child marriages through awareness campaigns, support networks, and access to better education among others.
–with reports from PTV News