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Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality?

Mini Dissertation (LLM)--University of Pretoria, 2019.

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Other Authors: Van Marle, Karin
Format: Thesis
Language:English
Published: University of Pretoria 2020
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access_status_str Open Access
author2 Van Marle, Karin
author_browse Van Marle, Karin
author_facet Van Marle, Karin
collection Thesis
dc_rights_str_mv © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM)--University of Pretoria, 2019.
format Thesis
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:39:59.298Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2020
publishDateRange 2020
publishDateSort 2020
publisher University of Pretoria
publisherStr University of Pretoria
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/73472 Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality? Van Marle, Karin marthe.kotze@gmail.com Kotze, Marthé UCTD Human Rights Women's rights Gender equality Marriage law Child marriage Mini Dissertation (LLM)--University of Pretoria, 2019. South African law allows minors under the age of 18 to get married, under certain conditions. The minimum age at which a minor may enter into marriage under both civil and customary law is 12-17 for girls, and 14-17 for boys. The focus of this paper is not the practice of child marriage, nor measures aimed at combating child marriage, and recommends that South Africa set the age of marriage at 18 for both sexes without exceptions. However, until South Africa changes its laws, boys and girls will continue being treated differently under existing marriage legislation. This mini-dissertation is concerned with whether different minimum ages of marriage for minors contributes to the systemic discrimination that women and girls face in South Africa, and whether this violates the rights of girls to be treated equally to boys. The paper looks at the role of culture and gender stereotypes in the formation of marriage legislation, as well as the societal effects of the current legislation. Centre for Human Rights MPhil Multidisciplinary Human Rights Unrestricted 2020-02-21T09:40:44Z 2020-02-21T09:40:44Z 2020-04 2019 Mini Dissertation Kotze, M 2019, Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality?, MPhil Multidisciplinary Human Rights Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/73472> A2020 http://hdl.handle.net/2263/73472 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Human Rights
Women's rights
Gender equality
Marriage law
Child marriage
Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality?
title Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality?
title_full Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality?
title_fullStr Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality?
title_full_unstemmed Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality?
title_short Is the difference in minimum legal ages of marriage for girls and boys in South Africa a violation of equality?
title_sort is the difference in minimum legal ages of marriage for girls and boys in south africa a violation of equality
topic UCTD
Human Rights
Women's rights
Gender equality
Marriage law
Child marriage
url http://hdl.handle.net/2263/73472