The Causes and Consequences of Child
Marriage on Girls in Displacement
A Case Study Assessing the Causes and Consequences of Child Marriage in
Za’atari Refugee Camp in Northern Jordan
By
Sandra Shaban
December 2016
Submitted to: Brenda Bartelink, University of Groningen and
Sulagna Maitra, University College Dublin
This thesis is submitted for obtaining the Joint Master’s Degree in International Humanitarian Action. By submitting the thesis, the author certifies that the text is from his own words, does not include the work of someone else unless clearly indicated, and that the
Acknowledgements
TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION ... 6
I. Background and Problem Statement ... 6
II. Research Question ... 7
III. Research Objectives ... 7
IV. Justification of research topic ... 8
V. Research Design and Methodology ... 9
VI. Utility ... 12
CHAPTER 2: BACKGROUND, LITERATURE REVIEW AND THEORETICAL FRAMEWORK ... 14
I. Background Information ... 14
The Syrian Conflict ... 14
The Context of Jordan ... 14
The Establishment of Za’atari Refugee Camp ... 15
The Impact of Displacement on SGBV Status in Jordan ... 19
The Origin of the Syrian Culture and Tradition and its Impact of Women ... 21
Marital Laws and Practices in Jordan ... 22
Marital Laws and Practices in Syria ... 23
The Marriage Process for Syrian Refugees in Jordan ... 24
Jordan’s Laws Concerning Child Marriage ... 25
Child Marriage in Humanitarian Contexts ... 26
II. Literature Review ... 27
The Global Issue of Child Marriage in Literature ... 27
III. Theoretical Framework ... 29
Notion of childhood in the Middle East ... 29
The concept of violence and abuse ... 31
CHAPTER 3: METHODOLOGY ... 32
I. Introduction ... 32
II. Research Approach and Design ... 33
III. Research Methods ... 33
IV. Limitations ... 37
V. Definitions ... 38
CHAPTER 4: REVIEW AND ANALYSIS ... 41
I. Child Marriage in International law ... 41
Universal Deceleration of Human Rights ... 41
The Convention of the Right of the Children ... 42
The Convention on the Elimination of Violence Against Women ... 43
International Covenant on Civil and Political Rights ... 44
Jordan’s International Legal Obligations ... 44
II. Causes and Consequences of Child Marriage ... 45
Causes of Child Marriage ... 45
Consequences of Child Marriage ... 55
CHAPTER 5: CONCLUSION AND FURTHER RESEARCH ... 70
I. Conclusion ... 70
II. Further Research ... 70
References ... 72
ABSTRACT
LIST OF ACRONYMS
ARDD
Legal Aid Arab Renaissance for Democracy and Development
CEDAW Convention on the Elimination of All forms of Discrimination Against Women
CP Child Protection
CRC Convention for the Rights of the Child
DRC Danish Refugee Council
FGD Focus Group Discussions
GBV Gender Based Violence
GC General Comment
GOJ Government of Jordan
HCR Human Rights Committee
HRW Human Rights Watch
ICCPR International Covenant on Civil and Political Rights
ICESPR International Covenant on Economic, Social and Cultural Rights
IRC International Rescue Committee
IASC Inter-Agency Standing Committee
IGO International Governmental Organization
IMC International Medical Corps
MSF Medicine Sans Frontier
MOI Ministry of Interior
MOE Ministry of Education
NRC Norwegian Refugee Council
INGO International Non-Governmental Organization
SCI Save the Children International
SCJ Save the Children Jordan
SGBV Sexual and Gender Based Violence Sub-Working Group
UDHR Universal Declaration of Human Rights
UN Women UN Entity on Gender Equality and the Empowerment of Women
UNFPA United Nations Population Fund
UNHCR United Nations High Commissioner for Refugees
UNICEF United Nations Children’s Fund
UN United Nations
UNDR Universal Deceleration of Human Rights
WFP World Food Programme
WHO World Health Organization
WHS World Humanitarian Summit
CHAPTER 1: INTRODUCTION
I. Background and Problem Statement
It has been proven time and time again that women and girls are in great need of protection in conflict and displacement. Female mortality is far greater than that of males in disasters (WHS, 2015), women are unfavorably affected by armed conflict (UNSC, 2000), where they also are at a heightened risk of gender-based violence (GBV) (WHS, 2015). The WHS- consultation indicated that a global commitment should include and prioritize “ [...] ensuring women and girls are safe from the start of every emergency or crisis" (WHS, 2015). This is the basis consideration for further development of a specific focus on protection of girls and women in refugee camps, within this research study. More specifically the research will focus on the protection of girls in Za’atari refugee camp in Northern Jordan, which was established in July 2012 as a result of the influx of refugees into Jordan from the neighboring country Syria. Today, Za’atari refugee camp is considered the largest refugee camp in the Middle East, with approximately 80,000 Syrian refugee residents (UNHCR, 2016a). According to the United Nations High Commissioner for Refugees (UNHCR) database, nearly 50 percent of the population of Za'atari refugee camp is compromised of females, of which 27.3 percent are under the age of 18 (UNHCR, 2016a).
There are many factors underpinning child marriage in Za’atari Camp. The factors include poverty and impaired livelihoods of families, which encourages families to force their daughters into marriage. Child marriage is one of the negative coping mechanisms that refugees use to lessen the burden on their families and is one of the many consequences of poverty and the increasing economic stress that the majority of the families in the camp encounter on daily basis (Achilli, 2015; World Vision, 2013). When livelihoods and self-sufficiency decreases, girls become vulnerable to child marriage and pregnancy as an escape from the lack of economic opportunities (UNICEF, 2005; Save the Children 2014).
II. Research Question
The guiding question for this research is:
What are the underpinning causes and the short and long-term consequences of child marriages on girls in Za’atari refugee camp in northern Jordan?
III. Research objectives
The overall objective of this study is to provide evidence about causes and consequences of child marriage in humanitarian settings in addition to the following:
I. To establish a solid understanding of the causes and factors at work at both family and community levels that push parents to wed their daughters when they are still children, focusing on the perspective of humanitarian organizations’ working inside the camp.
II. To understand the core consequences of child marriage on girls’ mental health and psychological wellbeing, health and reproductive health, education and domestic violence.
III. To develop a set of fundamental evidence as reported by humanitarian organizations working in the camp and other journal articles upon which to build future programming to improve the lives of girls and women inside Za’atari refugee camp.
The specific objectives are:
b) Analyze the legal obligations (international conventions/law treaties) of Jordan in regards to child marriage.
c) Analyze the relation between conflict, displacement and child marriage focusing on Za’atari refugee camp.
d) Understand the underlying factors that motivate parents to marry their daughters. e) Analyze the effects of child marriage on the individual, community and national
levels.
IV. Justification of research topic
Refugee camps are more likely to change over time, some refugees decide to return to Syria or to move into the host community and new refugees come into the camp. Issues and challenges vary with regard to time and season, new actors become involved, some issues are addressed and new ones emerge. Changes in the behavior, attitudes and hopes of refugees caused by the experiences in the camp, its developments and environment is likely to occur. For this reason and many others, it is crucial to undertake exclusive and constant research on the possible and existing challenges in refugee camps in order to better address those challenges and issues and to prevent possible ones from occurring. Previous research has revealed that after four or five years, refugees complete the major adjustments in their lives, thus less change occurs after that point (Weiermair, 1971; Stein, 1979; Ex, 1966). Given the fact that Za’atari camp is now in its fifth year, and for the fact that the camp’s population has somehow stabilized shows that refugees are slowly adapting to their lives in the camp (UNHCR, 2016a). For this reason, research at this stage of the response can build evidence that may be used as a baseline for future research.
of child marriages in the case of Za’atari refugee camp, also due to the fact that not a single study was conducted on the factors underpinning child marriage and (short and long-term) impacts of child marriage in Za’atari camp. Research studies, such as United Nations Children’s Fund (UNICEF) report “A Study on Early marriage in Jordan” (2014) focuses on the phenomenon of child marriage but not the location at which refugees live in (refugee camp vs. host community), in addition to rapid change in the camp would derive different findings. Although many causes and consequences are similar to what previous studies found, there are some variations and additional factors, mainly because of the complexities of the Syrian refugees and most importantly, due to fact that refugee camps are more likely to change over time (Weiermair, 1971; Stein, 1979; Ex, 1966).
V. Research Design and Methodology
The research study embraced a qualitative approach due it is exploratory nature (Saarantakos, 2005). Qualitative research enables researchers to get an in-depth understanding of a certain phenomenon (Berg, 2001; Bryman, 2012). The study is also compromised of document analysis and one-to-one interviews with organizations representatives to illustrate the literature and give more specific reflections on the case of Za’atari camp. The selected research design is a case study as it focuses on child marriage within the confines of Za’atari refugee camp in northern Jordan and investigates the phenomenon of child marriage within its real-life context using literature analysis and interviews as main research methods (Yin, 2003). The case study research design will be used to understand and analyze the complex case of child marriage in Za’atari refugee camp and to highlight on the detailed contextual analysis of a limited number.
findings of this research and helped ensure methodological triangulations and enabled the analysis of the phenomenon from different perspectives (Bryman, 2012). In order to ensure that Syrian girls and their families’ perspective on this phenomenon is included in the study, organizations reports that include primary data from the Syrian community were used in this research. Organization report were also used because such organizations have been at the heart of the response since the beginning and they continuously update their data, while only a few academic studies were conducted on topics related to Za’atari refugee camp. Although the use of organization reports and data is not the most favorable method in academic research due to the organizations particular perspective on issues, the selected reports for the purpose of this study highly reflect the reality of the people living inside the camp. For ethical considerations and reliability of data, academic journals were used throughout the study.
The identified stakeholders for interviews were based on their involvement in an assessment that was conducted in the beginning of the Syrian response in Jordan named “Gender Based Violence and Child Protection Among Syrian Refugees in Jordan, with a Focus on Early Marriage” (2013). The selected respondents were representatives from a number of organizations involved in GBV in the camp; UNICEF, UNHCR, United Nations for Women (UN Women), Save the Children International (SCI), Save the Children Jordan (SCJ), International Medical Corps (IMC), Danish Refugee Council (DRC) and Arab Renaissance for Democracy and Development (ARDD Aid). Representatives from all the organizations were contacted to participate in the study but due to lack of responses from the organizations and due to the time constraints, only nine representatives from five key organizations were interviewed. Many interviews were held with Save the Children representatives due to their interest in the study and because of personal contacts that helped in the arranging interviews with more than one staff member. With regards to study limitations, the most appropriate sampling method for this type of research was snowball-sampling technique. Respondents who agreed to do the interview recommended other potential participants and so on.
the data collected from the interviews which is mainly used to illustrate and emphasize on a certain findings. The interviews allow for a more relevant and reliable findings to be built. Specific data from prior the Syrian conflict was used to emphasize on certain factors at play, including data on child marriage rates and the culture and traditions of the Syrian people. More specifically, the review and analysis included reports and studies that dealt with the issue of child marriage including but not restricted to: 1) the UN Interagency Assessment “Gender Based Violence and Child Protection Amongst Syrian Refugees in Jordan with a Focus on Early Marriage”(2013); 2) UNICEF’s “Study on Early Marriage in Jordan 2014” (2014) and Save the Children’s “Too Young to Wed” (2014).
The UN Interagency Assessment “Gender Based Violence and Child Protection Amongst Syrian Refugees in Jordan with a Focus on Early Marriage”(2013) provides a comprehensive understanding of the risks that Syrian refugee families, particularly girls and women, face in Jordan. The study focuses on the refugees that are living in urban settings across Jordan, but some findings from the camps are also incorporated in the study. The findings are based on data collected though different tools including questionnaires, FGDs, and interviews to get an in-depth understanding of the child protection issues, the economic and physical insecurities, major trends with regard to GBV and child protection issues as well as to grasp information about the quality and access to services (UN Women, 2014).
Unlike UNICEF (2014), Save the Children’s “Too Young to Wed” (2014) study focuses on Syrian marriages in Jordan, child marriage among people from other nationalities are not examined in the study. It emphasizes the growing problem of child marriage and summarizes the relevant underpinning causes and consequences of child marriage amongst Syrian refugees in Jordan, whether they live in camps on in the host communities. Since humanitarian settings are prone to rapid change with time, the causes and consequences of child marriage are more likely to also alternate. Some issues might be addressed by organizations responding to the needs of the people, while some may be changed over time. Therefore, more recent studies on the lack civil and legal of documentation were utilized in this study to understand and examine issues that have been overlooked in previous research. For this reason and due to the strong relation between lack of documentation and child marriage two recent Norwegian Refugee Council (NRC) studies were utilized; “Registering Rights’ (2015) and “Securing Status” (2016). Although these two studies do no focus on the issue of child marriage, the studies revealed that the lack of civil and legal documentation of Syrian refugees in Jordan are likely to effect the child marriage practices among Syria refugees, in both refugee camps and host communities (NRC, 2015; NRC, 2016).
Chapter two of this thesis provides background information that is important when studying the core issue of child marriage practices, in addition to a literature review and a theoretical framework. Chapter three present the methodology of this study, which includes definitions of necessary terminologies related to the phenomenon of child marriage. Chapter four provides the review and analysis of the primary and secondary data; it provides a legal analysis of Jordan’s International legal obligations, the causes of child marriage; and the short and long-term consequences of child marriage on the different layers in society. The final chapter is compromised of the conclusion and scope for further research.
VI. Utility
CHAPTER 2: BACKGROUND, LITERATURE REVIEW AND THEORETICAL FRAMEWORK
I. Background Information The Syrian Conflict
Since the beginning of the Syrian conflict in 2011, there has been an influx of refugees fleeing to Turkey, Lebanon, Jordan, Egypt, Iraq and several countries in Europe. According to UNHCR (2016), 4.8 million Syrian people have fled to neighboring countries and 6.6 million are internally displaced people within Syria. More than one million Syrians applied to asylum in Europe (Syrian Refugees EU, 2016). It was estimated that 49 percent of the refugees in neighboring countries are children, in which 23 percent are girls (UNHCR, 2016a). Many of the Syrian people lost their homes and belongings, left family members behind and lost their education and livelihoods. Their human rights were violated by war, conflict and displacement (Abdel Jabbar and Zaza, 2014). They were forced to flee their homes to find a safer place to live until the conflict ends. Men, women and children have been exposed to several traumatic events, many of whom are currently suffering from mental and psychological problems such as depression, anxiety, insomnia and other forms of psychological problems (Abdel Jabbar and Zaza, 2014). In neighboring countries, refugees are using child marriage and child labor as coping mechanisms to ‘protect’ themselves and children from the various challenges that come along with conflict and displacement (UNICEF, 2015). Many of the refugees who fled to neighboring countries are currently living in newly established Syrian refugee camps as well as in the host community across the neighboring countries with minimal resources and services (REACH, 2014).
The Context of Jordan
Upon their arrival to the formal Jordanian border, refugees are transported to the transit center (Raba’ al Sarhan) that was established by the GOJ and UNHCR jointly. Refugees are first registered with UNHCR and then transferred to one of the five camps for Syrian refugees in Jordan: Za’atari, Azraq, Emirate-Jordanian Camp (EJC), King Hussein Park (KAP) and Cyber-City (Achilli, 2015). Za’atari refugee camp is one of the five Syrian refugee camps in Jordan and the first camp to open in Jordan in 2012 (UNHCR, 2016a). This study aims to focus on this particular refugee camp because it was the first official refugee camp to open in Jordan as a result of the Syrian refugee influx, in addition to the fact that the camp in constant change and development. The increasing numbers of refugees arriving in Jordan led to a drastic transformation on Za’atari refugee camp, not only because it extended from a size of a farm to the size of a city in a short period of time, but also requiring more humanitarian aid to be distributed for refugees in the camp (Dalal, 2015). The camp also developed its own economy using the diverse resources and the demand created within the camp consequently leading to a shift from a camp towards a ‘city’ (Dalal, 2015). Not only does the camp have an informal economy, but an improved infrastructure and a solar power plant that is in the process of being developed (UNHCR, 2016a).
The Establishment of Za’atari Refugee Camp
Current Population of Za'atari camp/UNHCR Factsheet November 2016
Za’atari refugee camp is now considered the fourth biggest ‘city’ in Jordan after the capital Amman, Zarqa and Irbid and the second biggest refugee camp in the world (Beals, g., Dobbs, L., 2013). The population of the camp is served with nine schools that are currently benefitting 20,771 children. It also has 27 community centers providing psychosocial support and recreational activities, and two hospitals with 55 beds and 9 health care centers
(UNHCR, 2016a). UNHCR and the GOJ run the camp jointly. The humanitarian assistance
is provided by a number of International Non-governmental Organizations (INGOs) and International Governmental Organizations (IGOs) including ACTED, Save the Children
International, NRC, Oxfam, and World Food Programme (WFP) (Abdel Jabbar and Zaza,
2014). Each of the organizations provides a certain service to the different segments in the
camps that vary from food assistance to mental health and psychosocial services (UNHCR, 2016b). In addition to the organization’s independent work, there are taskforces established to tackle different prevalent issues. For instance, UNHCR and UNICEF established a
specific taskforce to tackle the issue of child marriage in the camp (Soguel, 2014).
Population origins, economy and insecurity
A huge number of the refugees hosted in Jordan originate from the mid-southern region in Syria, which has similar history, tradition and kinship with the northern region of Jordan. For this reason and the proximity in distance to the borders, the northern governorates (Al Mafraq and Al Ramtha governorates) is hosting a huge concentration of Syrian refugees. The majority of the Za’atari camps residents come from Dar’a governorate in Syria,
followed by rural Damascus and Homs (UNHCR, 2016a). The origin of the Syrian refugees in Jordan says a lot about the prevalent issues in the camp, such as child marriage practice which is a common practice among Syrians that come from rural areas in Syria. The high concentration of refugees in the northern region of Jordan put high pressure on the scarce resources such as water, education and health services (Achilli, 2015). Despite the humanitarian assistance offered by many INGO and UN agencies, many refugees work illegally or are involved in income generating activities in different fields including construction, agriculture and services sectors (UN, 2014a; Dalal, 2015). Although some refugees are involved in illegal work outside the camp, Za’atari refugee camp has an informal market with an estimated 2,500 refugee-operated shops and businesses, which vary from small kiosks and barber shops to super markets and butchers (UNHCR, 2016a; Dalal, 2015). A huge number of labor opportunities are offered to the local community by INGOs. These opportunities are short-term cash-for-work that reach up to 6,500 opportunities (UNHCR, 2016a). In fact, 60 percent of the working age refugee population earns some form of income (UNHCR, 2016a). On the other hand, according to a study “A Socio-economic Perspective on the Urbanization of Za’atari Camp in Jordan” (2015), the disabled, children and women are the most vulnerable to those socio-economic living conditions, putting more pressure on them. This is an important factor to consider when discussing the issue of child marriage. It was estimated that a third of the total number of unregistered and registered refugees in Jordan have a disability or serious health condition and 1 out of 5 households is headed by a woman while 56 percent of the camp’s population are children (Fox, 2016; UNHCR, 2016a). These numbers reveal that a huge number of disabled people, children and women are vulnerable to the socio-economic situation in the camp. The study also revealed that there is a clear widening gap in the socio-economic situation of those who were able to benefit from the economic market of the camp and those who heavily rely on the international aid provided (Dalal, 2015).
The life in a refugee camp can be harsh on individuals and families living with uncertainly over their futures and concern for any member of the family inside Syria where the conflict is still taking place. The impact of the conflict on children and women is a continuing concern caused by what they have been through prior to fleeing Syria, the displacement, and
impact on the Syrian refugee children may be long lasting if not tackled at an early stage
(UNHCR, 2013; Abdel Jabbar and Zaza, 2014). Syrian refugees in Za’atari camp face a
number of insecurities and financial burdens. As such, they use child labor and child marriage as coping mechanisms to protect themselves from the challenges they face in their daily lives. These two coping mechanisms are among the highest concerns from the child protection teams and working groups in the camp (UNFPA, 2016; UNICEF, 2015)
Infrastructure of the Za’atari refugee camp and its impact on GBV
Since its inception in 2012, the camp has been constantly expanding to meet the needs of arriving refugees. Today, the camp covers 5.3km2 of land, divided into 12 districts each of which is headed by a community leader. UNHCR aims to assign traditional Syrian leaders who were previously involved in their communities to would allow them to have a strong and positive impact in their districts. However, gang leaders are common causing an issue to
the leadership system inside the camp (Barakat, 2016).
District 1 and 2 are the oldest districts in the camp and are referred to as the ‘Old City’. The so-called ‘Old City’ is the most populated area in the camp because it benefits from the close access to services such as schools and clinics. UNHCR, the leading organization in the camp is continuously trying to regroup refugees from the same previous Syrian community into same districts in order to foster a sense of community within each district. Many of the refugees reorganize themselves by moving their caravans to live close to people from their
tribe, city or community in Syria (Milton, 2012). The expansion and the reorganization of
the camp have been beneficial to many refugees, especially with the new bus and taxi systems and shopping centers (Lived Projects, 2016). However, this has widened the gap between those the refugees who were able to take advantage of the economic situation and those are still relying on the international aid (Lived Projects, 2016).
In order to improve Za’atari camp infrastructure and to improve the refugee shelters, UNHCR maintained the grid systems by creating blocks and street clarification and land use within the camp in addition to creating a community structure to facilitate communication
(Barakat, 2016). UNHCR also created an address system for every household and mapped
of the shelter prefab fitted with a kitchen, WASH facility and concrete flooring. The new prefab shelters are linked to the wastewater, water support and construction of service roads. This was developed in the camp as a response to the constant request from the community to increase living space and private use of WASH and hygiene facilities. The increase of space and the development of private WASH facilities are also a response to the continuous
protection concerns raised by girls and women within the camp (Barakat, 2016). In fact,
study participants and other organization reports discussed the resolved issue of shared hygiene and WASH facilities that raised cases of sexual harassment and GBV in the camp (Resp001, 2016; Resp002, 2016; Barakat, 2016)
The Impact of Displacement on SGBV Status in Jordan
Domestic violence and child marriage are the two of the most commonly reported forms of SGBVs in the camp (SGBV Sub-working Group, 2015). It was reported that child marriage has always been embedded in the culture and tradition of Syrians even prior the conflict, but the conflict and displacement exacerbated the practices among refugees in refugee camps as a mechanism to ‘protect’ the girl and her family (CARE, 2015). Before the crisis began in Syria, between the year 2000 and 2009, 13 percent of women aged between 20-25 had been married before the age of 18, which means that 1 in 8 women aged 20-15 years were married as children (UNICEF, 2011; CARE, 2015). An earlier study conducted by Central Bureau of Statistics in partnership with UNICEF in Syria (2006) indicated that 17.7 percent of girls married before they reached the age of 18 and 3.4 percent before they were 15 years of age.
ever-married Syrian women in Jordan, more than half were married before the age of eighteen.
The Origin of the Syrian Culture and Tradition and its Impact of Women
In order to understand the root cause of child marriage practices within the Syrian community in hosting countries, it is important to understand the origins of the Syrian culture and traditions outside the context of conflict that has long embedded child marriage practices.
The Ba’ath party governs Syria since its independence in 1946 from France with a pan-Arab, nationalist, secular and socialist ideology that penetrates the different aspects of the public life. Although the Syrian constitution requires the president to a Muslim, Syria has no official religion (Bellafronto, 2005). The majority of the Syrian people are Sunni Muslims, but the country also includes other groups of Muslims, Christians as well as a small number of Jews (European Union, 2002). During 1995 and 2005, government policies stimulated women education, participation in the work force and the use of family-planning services. The government policies and efforts increased women’s literacy from 48% in 1990 to 74% in 2002; 29.2% of women were economically activity and 45.8% of married women used contraception, but the traditional values, discriminatory laws and the authoritarian government deprived women of many basic legal and social rights. The traditional way of life in Syria reinforced patriarchal social structures. Patriarchy is defined by Pilcher and Wheelehan (2004) as “rule of a male head of a social unit” in which women’s power is limited to the household leaving men to negotiate on daughters marriages (Kwatsha, 2009). Although the civil liberties, security and autonomy of all Syrian citizens were restructured, women suffer additional restrictions both legally and socially. For instance, married women are subject to restriction on their freedom of movement. Syrian law gives the right to the husband to prevent his wife from leaving the country by submitting her name to the ministry of interior (Bellafronto, 2005).
in Muslim contract and often sign the marriage contract without reading it (Bellafronto, 2005). Marriage practices in Syria are further analyzed and discussed in next section.
Syrian society traditionally grants men both the freedom to move from public and private spheres, but women are restricted to the private sphere. Throughout the country, women experienced various restrictions on their social freedom due to religious and social conservatism that limits their participation in public life. Women in rural areas and lower social classes face greater restrictions on their access to the public sphere, education, health care services, marriage and family decisions (Bellafronto, 2005). Child marriage practices are more occurring among people from rural areas in Syria, many of whom are refugees in Jordan and other neighboring countries. Research has shown that in a patriarchal society, patriarchal rights are practiced through child marriage and is a mechanism to reinforce family social status (Walker, 2012).
Marital Laws and Practices in Jordan
Civil marriages do not take place in Jordan and any marriage that involves a Muslim must be carried out according to the 2010 Personal Status Law (Article 36), which is originated from the Sharia Law. Sharia courts, which can be found in 47 of the 51 districts in Jordan, in addition to Sharia courts in sub-districts in Mafraq, Balqa and Ma’an governorates, have the authority and jurisdiction over marriage, divorce, custody, inheritance and alimony (UNICEF, 2014). Both the bride and the groom must sign the marriage certificate with the presence of an officer of the Sharia court. There are specific conditions that must be met in order for a marriage to legally be authenticated, binding and fully recognized. These conditions are as follows: 1) Official and honest consent from both groom and bride; 2) the ability to provide a dowry from the groom to the bridge; 3) presence of two male witnesses, one from each side and 4) consent from the legal guardian of bride (spouse aged below 18) 1.
The legal age for marriage under the Jordanian law is 18. However, marriages involving a child between the ages of 15-17 years are permitted under certain circumstances and if they meet specific exceptions, in addition to the approval from a Sharia court judge. The judge has the authority to approve a marriage for 15-17 year olds if the marriage is ‘deemed’
1 Article 17, 18, and 20 of the Jordanian Personal Status Law.
necessary in accordance with; 1) the groom is found suitable for the bride “in terms of religion and wealth”; both the children and their guardian have agreed freely to the marriage; the marriage will not affect the girl’s access to education; the marriage has the long-term intentions; the bride seems developed and ready to bear children with a number of conditions indicated in the personal status no. 82, which was amended in 2001 to set the legal marriage age from 15 to 18 years ultimately allowed some under 18 year old girls to be involved in marriage under several circumstances and with the approval of the Sharia court judge (UNICEF, 2014; Save the Children, 2014; Hammouri, 2014).
Marital Laws and Practices in Syria
The marriage for Muslims in Syria is derived from the Sharia Law of an ‘offer and accept’, law no. 59, in which a man offers to marry a woman or a girl and she or her male guardian approves their union. Similar to the law in Jordan, the marriage has to take place with the attendance of two witnesses and a Sheikh recognized to both parties (UNICEF, 2014). The legal age for marriage is Syria is 18 for males and 17 for females. However, religious leaders and judges have the authority to approve a marriage at the age of 13 for girls and 16 for boys with the permission of the male legal guardian such as the father, brother or uncle. In case of a marriage between a girl under the age of 15 and/or a boy under the age of 17, documentation process discontinues until they reach the legal and required aged under the Syrian law (UNICEF, 2014; Bellafronto, 2005). Therefore, informal marriages for girls below 16 years and below 17 years for boys are possible in Syria. Informal marriage, commonly officiated through a Sheikh, is a common practice among Syrians in Jordan (UNICEF, 2014).
In order to obtain an approval from a judge in Syria to marry, the following conditions have to be met: 1) approval from a community leader who believes the couple could get married; 2) presence of the groom and bridge birth certificate and proof of identification; 3) completed medical tests; and 4) a signed acknowledgment by the groom and bride that they understand their rights in regard to their union and child custody (UNICEF, 2014).
affected in any way. Therefore, registration of marriage in the court becomes a concern for the couple only when they have their first child for it is required to receive a birth certificate under the Syrian law or when they need to obtain travel document for one of the family members. Informal marriages have been a long-held cultural and traditional practice stretching back before the Syrian crisis and still a common practice among Syrian in Jordan (UNICEF, 2014; Abuqudairi, 2014; Bellafronto, 2005). Informal marriages concluded in Syria or in Jordan and fail to be authenticated poses a series of legal and practical challenges for Syrian couples and their children in Jordan (NRC, 2015).
The Marriage Process for Syrian Refugees in Jordan
Similar to Jordanian couples, Syrian couples who wish to marry in Jordan must apply for a marriage certificate from the Jordanian sharia court. They have to provide the Sharia court with identity documents and a health certificate issued from the Jordanian Ministry of Health to prove that they are not carriers of thalassemia genetic disease 2. The bride must not be married and the groom must not be married to more than three wives. The bride and groom, as mentioned earlier, must be above the age of 18, unless there is an exception. The Sharia court cannot approve a marriage without the permission of the Ministry of Interior (MOI) thus, the sharia court will issue a request for an approval letter from the MOI. The couple has to take the request to the MOI and to get the approval from the MOI. If the requirements of the Sharia court are met, the marriage can take place in the presence of two witnesses and the bride’s guardian who consents on the marriage. The couples will sign a marriage contract and only then will the judge issue them a marriage certificate (NRC, 2015).
Informal marriages are considered illegal under the Jordanian law3 and lack of marriage certificates can causes the parents and their children several legal and practical challenges. In order to minimize the long-term consequence of the legal implication that informal marriage bring, the GOJ allows couples who were informally married in the camp or in Syria to authenticate and legalize their marriage by obtaining a marriage ratification
2 If the couple tests positive, the GOJ will not prohibit them from marrying. If they wish to proceed with the
marriage, the must sign an understanding that indicate that they are aware of the risks of testing positive and that the GOJ will not take responsibility of health issues and will not pay of treatment costs.
certificate. The process of issuing a marriage ratification certificate involves filling an application to the Sharia court. The requirements of the regular marriage also apply, but additional requests are imposed on the couple including the presence of the Sheikh who married them informally or one of the witnesses and a fine of 1,000 JOD (USD 1,140) (Resp006, 2016). If all the requirements are met, the judge will grant the couple a marriage certificate. It is important to note that the process of affixing the marriage raises many barriers for the Syrian refugees in Za’atari mainly due to its lengthy and costly nature (NRC, 2015; UNICEF, 2015).
Jordan’s Laws Concerning Child Marriage
Jordan has been taking positive action towards passing legislation and legal provisions regarding marriage status and ensuring the protection of women and girls (Hammouri, 2014).
Education laws
The Ministry of Education stated that supporting the rule that allows married girls to attend school could unintentionally appear supporting of child marriage practice. Absence of policies that allow married girls to attend school could raise several consequences as it gives the school directors the power to allow a married girl to remain in school or to dismiss her. This is more applicable to married girls become pregnant because of the belief that married girls experience are different from that of an unmarried girl; assuming that it taints the innocence of an unmarried girls (UNICEF, 2014). As a response to this issue, the Ministry of Education (MOE) provides a range of programmes to increase the opportunities for young girls who are married to continue their education after marriage. These programmes range from literacy classes to non-formal education are offered around Jordan in addition to home schooling programmes. Although a lot of effort is put into these programmes, only a few married girls complete their education when they marry (UNICEF, 2014; Save the Children, 2014; Beste, 2015).
specifically for child marriage to develop a joint action plan to reduce the risks of child marriage and alleviate the consequence of such practices in Jordan and above all, to build the capacity of local organizations who tackle the issue of children marriage. This is one of the mechanisms that were developed to respond to the effects of child marriage (Save the Children, 2014).
Child Marriage in Humanitarian Contexts
According to a recent report by Save the Children, “Every last Girl” (2016), girls in humanitarian and fragile contexts are at higher risk of being married at a very young age, as young as 12 and 13. In Jordan, one in four Syrian refugee girls between the ages of 15-17 was married in 2013 (UNICEF, 2014). Even though the link between fragility and child marriage is not clearly studied, it still is very complex and requires further research to be fully understood. However, it is clear that there are many ways in which fragility leads to higher numbers of child marriages in humanitarian contexts. Any humanitarian crisis leads to an increase in poverty, insecurity and absence of quality education services, all of which are motives of child marriage practices (Child Not Brides, 2016). The scarcity of resources, limited employment opportunities for the different age segments and the lack of protection mechanisms and services inclines parents to marry of their daughters to lessen the burden on their households and improve their economic situation using the dowry of their daughters (CARE, 2015).
II. Literature Review
The Global Issue of Child Marriage in Literature
The phenomenon of child marriage has gained more attention is recent years. Although it is a global concern because it has consequences on several levels in society, literature on this presents strong social vulnerability that increase the risk of child marriage at the national and individual level. Studies also show that child marriage is more likely to occur in underdeveloped or rural areas with minimum access services such as health care and conflict and instability further exacerbate the vulnerabilities that encourage parents to wed their daughters at a young age (ICRW, 2007; Kottegoda, Samuel and Emmanuel, 2008). However, the principal factor that increases the risk of child marriage is gender inequity, which is depicted by lower access to education and livelihood opportunities for females compared to males (ICRW, 2007; UNICEF, 2005). Nationwide, the poorest and least educated girls are at the highest risk of becoming impeded in a child marriage, while for girls receiving education child marriage is more likely to become a major obstacle in the continuation of their education (Nour, 2006; Nour, 2009; ICRW, 2007; Raham and Kabil, 2005).
correlation of child marriage and domestic violence, mainly due to the spousal age gap and power uneven power dynamics in the relationship (Jensen and Thornton, 2003; Levine, Lloyd and Greene, 2008).
Although many countries have national laws to ensure that girls do not marry before they reach the age of 18, including Jordan, more than 700 million girls have been married before they turned 18 years old (UNICEF, 2016a). If the issue of child marriage is not globally tackled and no reduction occurs, the global number of child brides will reach to 1.2 billion by the year 2050 (UNICEF, 2016a). Figures of child marriage in situation of fragility and conflict are available, but minimal research has been given to child marriage and the types of union formation in conflict and emergencies (Schlecht, Rowley and Babirye, 2013). In fact, the highest rates of child marriage are in Niger with 78 percent, Central African Republic and Chad with 68 percent correspondently; these countries are suffering from conflict and fragility (UNICEF, 2016a). World Vision report (2013) identified child marriage practices as a coping mechanism in response to fear after conflict and natural disasters in Bangladesh, Somaliland and Niger. An Evaluation of UNICEF’s Emergency Psychosocial Support Response for Syrian Children in Jordan (2015) also identified the use of child marriage practices by parents as a coping mechanism to protect their daughters. The Women’s Refugee Commission conducted a research to examine the traditional marriage practices and perception of union formation in the context of conflict and displacement in two different setting in Uganda (Mucwini transit camp in the north and Nakivale refugee settlement in the southwest). The objective of the research was to outline and document the underpinning factors that encourage and alleviate child marriage during conflict and aimed to provide recommendations to reduce the vulnerability of young people to child marriage in instability (Schlecht, 2016; Schlecht, Rowley and Babirye, 2013).
implications of certain long-term decisions. They also do not have the full mental and emotional capacity and maturity to make certain decisions such as agreeing to marriage. However, literature also reveals that cultures have different understand of a ‘child.’ The age of consent ranges from 13 to 18 years according to the international laws, this implies that legislation in addition to social and cultural practices dictate a society’s acceptable age of consent (Jenson & Thornton, 2003).
III. Theoretical Framework
The theoretical framework serves as a baseline to the overall aim and research questions of this study. Three important notions are discussed in the theoretical framework; The notion of childhood in the middle East relating it to the concept of socialization and marriage and the concept of violence and abuse.
Notion of childhood in the Middle East
In the Middle Eastern society, the process of socialization for certain societal norms and behaviors begins as soon as a child becomes conscious of other around him or her. These norms and behaviors include respect for food, the kin group, and hospitality of guest and most importantly, respect the authority of the father (Fernea, 1995). Marriage in the Middle East does not only mark the beginning of adulthood but a significant moment when family 'honour' is tested, a practice and a notion that is defined as the reputation of the group for morality, courage and religiosity. However, ‘honour' is defined differently for boys and girls. A boy's ‘honour’ concerns a number of issues just like the girl’s ‘honour’ but for the girl, ‘honour’ include other vital meanings. It is defined as her celibacy before marriage and her sexual fidelity after marriage (Fernea, 1995). If a man's ‘honour’ is lost, it could easily be regained in society, unlike that of a girl, which could hardly be regained and has several consequences on a girl’s live. Women in such a culture have a greater load of ‘honour’ to protect, in addition to the ‘honour’ of the group belongs to. No restrictions are placed on the boys. For a girl to protect her ‘honour’ she must have a modest behavior and a modest dressing (Fernea, 1995).
Attitudes and expectations regarding children's understandings and capacities are constantly changing. Jenks and Lyndell (1997) argued that childhood is culturally and historically constructed, meaning that childhood is a construction. Fernea (2005) argued that cultures create their own social constructs of reality in which childhood is one of such constructs and has been transformed in the last century and continues to change ever more rapidly. Jenks and Lyndell (1997) further argued that looking at the notion of childhood from constructivist perspective provides a realistic insight of the status of society where the way children are controlled reflect the ways things are being done and exercised in the wider community (Bridgeman and Monk, 2000).
in socializing the girl into the world, normalizing oppressive behavior and protect her possible threats (Pilcher and Whelehan, 2004).
The concept of violence and abuse
CHAPTER 3: METHODOLOGY I. Introduction
The purpose of this section is to discuss in details how the research is constructed and the approach and the methods used to conduct this study. This chapter will encompass the following; 1) methodology; 2) research approach and design; 4) sampling design; 5) research methods; 6) data collection techniques; 7) limitations of the study; 8) definitions. The aim of this study is to establish a solid understanding of the causes and factors at work at both the community and family levels that push parents to wed their daughters when they are still children; to study the phenomenon of child marriage from an international law perspective; to understand the core consequences (short and long-term of child marriage on the girls’ mental health and psychosocial wellbeing, health and reproduction, education, violence and economic development and to develop a set of fundamental recommendation upon which to build future programming to improve the lives of girls and women inside the camp.
This research will examine a very particular issue in a specific location in the lights of the available relevant reports. The research question is: What are the underpinning causes and the short and long-term consequences of child marriages on girls in displacement? A case study on Za’atari refugee camp in northern Jordan. In order to critically analyze the present situation of child marriage in Za’atari refugee camp located in Jordan, it is important to conduct legal analysis of Jordan’s obligation under international law that endorse the rights of all children within its jurisdiction and the issue of child consent. This research will examine the cultural context that supports child marriage practices within the vulnerable populations, the impact of the displacement of such practices relating to some examples and programmes offered by INGOs and IGOs to address the issue of child marriage.
II. Research Approach and Design
The research approach is a plan and a procedure of research, which begins with a broad assumption leading to detailed method of data collection, analysis and interpretation (Yin, 2012; Bryman, 2012; Creswell, 2014). This approach includes the research problem, assumption, and methods of data collection, analysis and interpretation. In order to understand the underlying causes and consequences of child marriage, this study utilized a qualitative research approach that allows for an in-depth understanding on the phenomenon using the means from individuals. The selected research designed for this study is a qualitative exploratory case study as it focuses on child marriage within the confines of Za’atari refugee camp in northern Jordan and investigates the phenomenon of child marriage within its real-life context using various methods (Yin, 2003). This design provides an in depth analysis of the causes and consequences of child marriage (Yin, 2009; Yin, 2012; Bryman, 2012).
The initial plan for this study was to use a number of different designs and different methods to allow the research to address a number of questions and to look at the issue from different perspectives (Brannen, 2006). However, due to the sensitivity of the chosen topic many challenges occurred, which lead to utility on one particular research design to answer the posed research question.
III. Research Methods
methodological triangulation, semi-structured interviews as well as a critical analysis of literature and studies conducted by stakeholders were conducted (Bryman, 2012). This approach establishes greater validity and reliability through the comparison of collected data and conclusions derived from both methods.
The stakeholders that were chosen for the interviews were based on the organizations they work for, which were identified by respondents themselves and because they are involved in GBV work inside the camp. Some identified stakeholders were involved in an assessment that was conducted in the beginning of the Syrian response in Jordan named “Gender Based Violence and Child Protection Among Syrian Refugees in Jordan, with a Focus on Early Marriage.” This was one of the first assessments conducted on the issue of child marriage among the Syrian refugees in Jordan from the perspective of GBV specialists. The selected respondents were representatives from the following organizations; UNICEF, UNHCR, UN Women, Save the Children International (SCI), Save the Children Jordan (SCJ), International Medical Corps (IMC), Danish Refugee Council (DRC), ARDD Aid and The Child and Family Department. Although a lot of effort was put in ensuring the representation of all the listed organizations, many of representatives were unavailable or hard to reach. With the limited time and lack of responses from some of the organizations only UNICEF, UNHCR, UN women, SCI and DRC representatives contributed to this study.
The data collected from the interviews were conducted in accordance with the Inter-Agency Standing Committee (IASC) Recommendations for Conducting Ethical Mental Health and Psychosocial Research in Emergency Setting (2014). Each respondent was issued a consent form to read and sign prior to the interview. The consent form indicates their right as respondents; briefly explains the purpose of the interview; consent to be recorder and ensures their anonymity in participation (Annex 1). In order to eliminate the distortion of respondents’ answers and introducing error to the study, recording the interviews (with the approval of the respondent) was the chosen method of data storing. Errors are less likely to occur when the interviewer has a little allocation of answers. The process can be time consuming and takes time in interpretation but the error that is introduced through this method is far less likely than when the answers od respondents are written down (Bryman, 2012; Fowler and Mangoine, 1990). The interviews were transcribed after its completion (Annex 3-11).
Semi-structured interviews were selected for this study rather than structured or open-ended interviews because they allow for conversation between the interviewer and the respondent. After signing the consent form, the interviewer once again asked for the verbal consent to take part in the study and to for the interview to be recorded. The interview starts with general questions and moves into more detailed and substantive questions based on the answers of the participants. An interview guide was prepared before the interviews took place, all based on the issues related to the phenomenon (Annex 2). The questions took into consideration different factors including the respondent, the organization they work for and their position within the organization. This allowed for greater transparency and flexibility to emphasize of relevant topics and to encourage further discussion when applicable. The guiding questions are the following:
1) Can you list/describe some of the challenges that young boys and girls face in the camp in their daily lives?
2) Can you provide a brief overview of the GBV status in the camp?
3) What is your intake on child marriage practices in Za’atari refugee camp, have the cases of child marriage increased on decrease in recent years?
6) What are the underlying causes of child marriage?
7) What are the short-term and long-term consequences of child marriage?
8) What programmes does your organization offer to address the issue of child marriage? How effective are these programmes? What are your organization future plans and strategies in regards to child marriage?
9) What are some of your recommendations to improve the current situation in the camp in regards to child marriage cases in the camp?
10) Can you share some of the cases that you came across? (Only if the respondent did not mention any case) (Annex 3-11)
A total of nine interviews were conducted from five representatives of organizations; two of the interviews were conducted over Skype while the rest were face-to-face interviews. The Skype interviews were conducted with representatives of organizations who were abroad on a mission or work related training. All of the respondents agreed to be recorded with the exception of being kept anonymous and the recording to be deleted after the interviewer completes transcription. The respondents’ areas of expertise varied from child protection, advocacy, media and communication to community mobilization in the camp. Due to the inability to hold a greater number of interviews, the majority of the data used in this study in derived from secondary sources and studies conducted on similar topics; studies, reports, interviews and media articles. The table below summarizes respondents’ interview details and respondents’ information; organizations they work for, and area of expertise.
Identification Location Method of Communication
Area of
expertise Type Organization
Resp001 Amman, Jordan Face-to-face Advocacy, media and Communication INGO Save the Children International Resp002 London, United Kingdom Skype Advocacy, media and Communication INGO Save the Children International Resp003 Amman, Jordan Face-to-face Field Coordinator INGO Save the Children International Resp004 Amman, Jordan Face-to-face Camps Field
Resp005
Essex, United Kingdom
Skype Protection Child INGO/UN
UN women/Save the Children Resp006 Amman, Jordan Face-to-face Protection IGO UNHCR Resp007 Amman, Jordan Face-to-face Community Mobilizer INGO Save the Children International Resp008 Amman,
Jordan Face-to-face Protection IGO DRC
Resp009 Amman, Jordan Face-to-face Protection Child INGO
Save the Children International
Table 1: Interview Respondents' Information
IV. Limitations
The initial plan for the study was to collaborate with one of the humanitarian organizations that has been present in the camps since its inception phase and has been working on the issues of child marriage within Za’atari refugee camps. Although Save the Children International in Jordan initially agreed to sponsor this study by giving me access to the camp population, other internal documents and provide me with necessary resources, they were unable to proceed with their promise due to several reasons including the fact that phenomenon of child marriage is very sensitive topic to UN agencies that manage and control the camp and to the government as well. In order not to challenge the work of the UN agencies and the government, Save the Children International no longer wanted to proceed with the study. Several other organizations also guaranteed access to the refugee camp in order to conduct interviews and (FGDs) with the local community; young girls and boys, parents and religion leaders, but were unable to give me access as a result security policies and procedures that restricts researchers from conducting studies on sensitive issues such as child marriage. Individual entry is not allowed since it to requires a permit from an organization inside the camp or a special permit from the Jordanian authorities. Although the methodology used for this study was not as initially planned and many challenges arose throughout the research process, this is the reality of humanitarian researchers and is only a learning process for researchers.
However, due to lack of access to the camp, the unavailability of staff working in these organization and time constraints only a few interviews were conducted with INGO and UN staff members/representatives.
V. Definitions
Some terms and concepts must be properly defined and discussed in order to avoid confusion in the study.
1. The term ‘child’ in this study means every human being below the age of eighteen as indicated in United Nations Convention on the Rights of the Child (CRC) 4. 2. The term ‘Gender Based Violence’ (GBV) in this study is used as an umbrella term
for any harmful act that is committed again and individual basis of their gender. It this important to note that instances of GBV violate a number of universal human rights protected by international instruments and conventions including the following: the right to enter into marriage with free and full consent and the entitlement to equal rights to marriage, during marriage and at its dissolution; the right to life, liberty and security of a person; the right to the highest attainable standard of physical and mental health; the right to freedom from degrading treatment or punishment; the right to freedom of movement, opinion, expression, and association; the right to education, social security and personal development and finally, the right to cultural, political and public participation, equal access to public services, work and equal pay for equal work (UNHCR, 2003)5.
Several forms of GBV (Also known as Violence Against Women) are illegal and criminal acts in national laws and policies. Although GBV impacts both males and females, it has a greater impact on women and girls than men and boys. It is important to note here that men and boys have been victims of GBV, particularly sexual violence. The extent to which forms of GBV occurs vary across cultures, countries and regions. The following are some forms of GBV: sexual violence
4 According to the Convention on the Rights of the Child adopted and opened for signature, ratification and
accession by General Assembly resolution 44/25 of 20 November 1989, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier (Article 1).
5 These violations are based on Guidelines for Prevention and Response: Sexual and Gender-Based Violence
(sexual exploitation and forced prostitution), domestic violence, trafficking and child marriage (IASC, 2005) 6.
3. Child, early and forced marriages are terms used interchangeably in much of the literature. Early marriage is not the finest definition given that what we might consider early marriage in some cultures might be later in other cultures and contexts. It is also challenging to refer to it as forced marriage since a child is not in a position to make such a long-term commitment or in a position to disapprove the choice by her parents and community. In fact, in international human rights agreement, child marriage is described a union that lacks free and full consent of both parties” (UN Convention on Consent to Marriage) (Art. 1.1). This study refers to any marriage, formally registered or unregistered, that takes place when one or both spouses are aged between 15-17 years. Children below the age of 15 cannot be legally married in Jordan. Marriage of children between 15-17 years is can only happen with the exception circumstances and approval from the Sharia court judge7. This study also considers child or early marriage instances forced marriages because according to international law any person below the age of eighteen is considered a child hence is incompetent to consent and give “full and free consent” to a union. The definition of child, early and forced marriage also includes underage informal unions, which often take place in refugee camps (Chaudhuri, 2015). This is in accordance with United Nation Convention on Rights of a Child (CRC); Convention on the Elimination of All forms of Discrimination Against Women (CEDAW); and the International Covenant on Economic, Social and Cultural Rights (ICESCR). (United Nations, 1979; UNHCR, 2003; UN Women, 2013; Chaudhuri, 2015).
4. Sharia court: The Sharia court in accordance with their own laws have exclusive jurisdiction in regards to matters of personal status, cases concerning blood money, matters related to Islam trusts (Waqfs). The Jordanian constitution outlines the jurisdiction of Sharia courts under Article 105, where Islamic law is applied (UNICEF, 2014).
5. In this study Sheikh refers to someone who is respected because of religious knowledge and could also be a community leader or someone serving at the head of
6 The definition of GBV in this research is derived from IASC (2005) Guidelines for Gender-based Violence
Interventions in Humanitarian Settings.
a mosque (UNICEF, 2014). Sheikhs are main actors in Za’atari refugee camps in regards to child marriage (also informal marriages). They have the power to initiate marriages and approve them due to their powerful religious and leadership status within the camp; generate marriage contracts that are not recognized by the Jordanian and Syrian authorities. This makes Syrian women and girls vulnerable in cases of children, divorce and separation (NRC, 2015; Soguel, 2014). In the past year and half, rules and regulations on performing unofficial marriages in Jordan have become stiffer and Sheikhs caught performing unofficial marriages are penalized (Dean, 2016).
6. Registered marriages indicated to marriages that are certified by specialized courts such as the Sharia court in Jordan. Other marriage practices include unregistered (also know as informal marriages) and pleasure marriage or other forms of marriage, which are not recognized by Jordan’s Provisional Personal Status Law number 36 of 2010 (UNICEF, 2014).
7. Unregistered or informal marriage is a form of marriage that lacks the documents that legitimize the marriage under the state law. In Za’atari refugee camp, unregistered marriages are performed by a Sheikh who issues an unrecognized and unofficial marriage document that is also not recognized by the Jordanian authorities (Soguel, 2014).
CHAPTER 4: REVIEW AND ANALYSIS
The Review and analysis section is divided into two main sections. The first section of the review and analysis discusses the phenomenon of child marriage in international law including Jordan’s legal obligations towards it. The second section first discusses the causes of child marriage in general while relating it to the context of Syrian refugees in Jordan and then presents the short and long-term consequences of child marriage relating in the case of Za’atari refugee camp using findings from the interviews conducted. The theoretical framework and literature review from chapter two are linked to the findings from this section. This section elaborates and further discusses the concepts and ideas that were mentioned in the literature review and theoretical framework.
I. Child Marriage in International law
A number of international conventions/law treaties address the issue of child marriage. These treaties include: 1948 Universal Declaration of Human Rights (UDHR); 1989 Convention of the Rights of the Child; and 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); 1966 International Covenant on Civil and Political Rights (ICCPR). All of the international conventions and treaties consider child marriage a violation of human rights.
Universal Deceleration of Human Rights
The Universal Declaration of Human Rights (UDHR) adopted by The United Nation General Assembly (UNGA) in 1948 outlines a number of basic human rights. Although the UDHR is not a binding treaty, it still holds a moral weight and a number of its declarations have been incorporated into binding conventions and laws. The UDHR acknowledges the right to “free and full consent” to a marriage by both intending parties. Consent is not considered “free and full” if the person involved is not mature to make an informed decision, hence child marriage is a violation of UDHR (United Nations, 1948; Avon Global Center for Women and Justice, 2013; UNICEF, 2008). Two provisions from the UDHR related to child marriage, which are:
Article 1:
