Eradicating Child Marriage
On December 10, 2021, President Duterte signed Republic Act No. 11596 or An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for Violations Thereof (“RA 11596”). Aligned with international human rights standards, the State, in passing the said law, aims to abolish all traditional and cultural practices and structures that perpetuate discrimination, abuse and exploitation of children such as the practice of child marriage which the State views as one of the forms of child abuse.¹
At the outset, a child marriage refers to any marriage entered into where one or both parties are children, and solemnized in civil or church proceedings, or in any recognized traditional, cultural or customary manner. It shall include an informal union or cohabitation outside of wedlock between an adult and a child, or between children.² Corollary to this, a child is any person under eighteen (18) years of age, or any person eighteen (18) years of age or over but who is unable to fully take care and protect oneself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.³
Under RA 11596, the following acts are prohibited: (1) any person who causes, fixes, facilitates, or arranges a child marriage; (2) any person who performs or officiates a child marriage; and (3) an adult partner who cohabits with a child outside wedlock.⁴ Since the foregoing acts are considered as public crimes, it can be initiated by any concerned private individual or law enforcement agencies.⁵
Further, the Department of Social Welfare and Development (DSWD) is tasked to take the lead to ensure the full and prompt implementation of RA 11596 in coordination with several government agencies. Further, acknowledging the prevalence of the practice in the several areas of the country, the National Commission on Muslim Filipinos (NCMF) and National Commission for Indigenous Peoples (NCIP) are tasked to extensively undertake measures and programs in their respective jurisdictions to assure full compliance with the said law. During the transition period of one (1) year, the applications of Section 4(a) Facilitation of child marriage, Section 4(b) Solemnization of child marriage, and Section 5 Public crimes, of the law to Muslim Filipinos and indigenous cultural communities/indigenous peoples shall be suspended.
In conclusion, RA 11596 was a significant milestone in the Philippines’ fight against discrimination, abuse and exploitation of children.
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¹ Section 1, RA 11596.
² Section 3(b), RA 11596.
³ Section 3(a), RA 11596.
⁴ Section 4, RA 11596.
⁵ Section 5, RA 11596.
