Why are SOPs needed if the minimum marriage age is 18?

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Standard Operating Procedures for Child Marriage Are Unnecessary if the Minimum Legal Age is Uniformly 18

A United Nations rights expert has questioned the necessity of standard operating procedures (SOPs) for child marriage, arguing that if the legal minimum age for marriage is consistently set at 18, such procedures should not be required. The expert, Maud de Boer-Buquicchio, special rapporteur on the sale and sexual exploitation of children, stated that the existence of SOPs implies exceptions to a uniform age limit, which she believes should not exist. She identified patriarchy, rather than poverty, as the fundamental cause of child marriage.
Legal Age and the Rationale for SOPs

The core of the expert's argument rests on the principle of a singular legal age for marriage. She specifically referenced the Selangor state government's amendment of Shariah laws to raise the legal marriage age for Muslims to 18. Her contention is that if 18 is the established legal age, then no further procedures should be needed to manage circumstances or exceptions related to child marriage. The implication is that SOPs are designed to navigate situations where the legal age is not uniformly applied or where underage marriage is permitted under specific conditions.
Government Data on Child Marriage Applications

Government statistics highlight the prevalence of applications for child marriages. Between 2013 and 2017, Shariah courts received 5,362 applications for child marriages. Further data from the Sabah Native Affairs office revealed that from 2003 to 2017, a significant number of applications were granted for children aged 14 and 15 to marry, with 2,130 out of 2,191 such applications being approved. These figures underscore the context in which discussions about SOPs and legal age limits for marriage take place.
Root Causes and Societal Structures

Beyond legal frameworks, the expert pointed to deeper societal issues as the driving force behind child marriage. She asserted that patriarchy is the root cause, not poverty, explaining that in such structures, girls and women can be treated as commodities. This perspective frames child marriage not merely as a legal issue but as a symptom of ingrained societal attitudes and power imbalances that devalue young women.

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Why are SOPs needed if the minimum marriage age is 18?

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