Child Marriage and Gender-based Violence: A sociocultural analysis of a patriarchal system that obscures its perpetrators

By Catalina Dominguez Fernandez [1]

Child marriage has been recognized as a violation of women’s human rights since 1979, following the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women - CEDAW. (United Nations Office on Drugs and Crime, 2004). In patriarchal societies, this practice is exacerbated by entrenched male authority over women, dictating decisions about their autonomy, bodies, independence, and futures. These decisions uphold socially constructed norms and traditions that perpetuate social control, victimization, re-victimization, and violence against women.

However, significant gaps in information about the perpetrators of such violence persist, as well as, a lack of understanding of their characteristics and motivations. 

Key questions about these perpetrators remain: What motivates them? What emotions drive their actions? In many cases, the parents of these girls act as primary perpetrators, "selling" their daughters to the highest bidder. Meanwhile, the men who accept such arrangements often become lifelong abusers.

The dearth of criminological studies analyzing perpetrators' behaviors, combined with the difficulty in connecting child marriage with pedophilia, highlights a significant information gap. This limitation, often stemming from a narrow analytical perspective, obstructs a comprehensive understanding of the issue and significantly hinders effective legal prosecution.

The perpetrator 

In child marriages, the perpetrator is typically assumed to be an adult man in a position of authority, exploiting a power imbalance and using manipulation to normalize his actions. Although cultural, social, and legal contexts may vary, perpetrators are generally adult men who organize and participate in forced child marriages. However, the role of the perpetrator can also encompass multiple entities, including family members and community leaders.

Pederasty Vs. Indirect Victims 

Child sexual abuse is an essential topic when discussing child marriage. Pederasty involves engaging in sexual acts with a child or adolescent by exploiting trust, authority, or superiority. Perpetrators are typically aware of their actions and are legally culpable. They often exhibit patterns of low self-esteem, poor stress tolerance, and a lack of empathy, enabling them to disconnect from the suffering they inflict on minors.

High rates of forced child marriages in Latin America among girls aged 15 to 17 often involve older men engaging in acts of pederasty. These abusers frequently share a preexisting relationship with the victim, such as familial or community ties, which grants them a degree of protection from scrutiny.

Do these men marry minors because they are pedophiles, or is it because culture, religion, politics, or custom permit it? The answer often lies in society’s portrayal of men as powerful figures with privileges that enable violent practices against women. Some men marry minors to fulfill desires linked to beliefs about virtue or to mold the child’s personality to suit their interests. Others exploit young girls as part of debt settlements or for sexual exploitation.

In some cases, men are coerced into these marriages due to economic, familial, religious, or cultural pressures, making them indirect victims of the system. Such men may not marry young girls out of personal desire but rather as a response to societal and cultural obligations that perpetuate patriarchal behavior.

Conclusion

Child marriage is a multifaceted phenomenon involving victims and perpetrators whose profiles vary depending on the context. Perpetrators are often viewed as powerful adult men exploiting young girls. However, they may also include family members or community leaders driven by economic factors, traditions, or ignorance of children’s rights. In some cases, men themselves are victims of oppressive systems that compel them to marry young girls.

The consequences of child marriage are far-reaching, impacting health, education, and psychological well-being while perpetuating intergenerational cycles of abuse. Addressing child marriage requires comprehensive strategies that prioritize the welfare, rights, and opportunities of young girls. These efforts are essential to breaking the cycle and empowering them to achieve their full potential.

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[1] Catalina is the Legal and Program Officer at SAHR. She is a Berlin-based feminist lawyer from Colombia with over seven years of experience in addressing gender issues, extensive technical knowledge in protection, prevention, and human rights, as well as advocacy work with local, regional, and international authorities and diverse stakeholders. Combining her expertise in human rights, public administration, and criminology, Catalina has analyzed existing normative frameworks and supported the development and implementation of public policies.

This article is part of her master's thesis in Criminology, Crime, and Victimology at the International University of Valencia, 2023.