A Thousand Splendid Suns was a tremendously enjoyable read. It is a book which depicts the courage and defiance that young people show when they are faced by overwhelming adversity. The story follows two different girls in 20th century Afghanistan. One is Mariam, who is forced to marry an adult against her will in the 1970s when she is 15. The other is Laila, who also must marry the same man at 14, two decades later. These girls are forced into this situation because the laws of the country they live in allow it.
Thankfully, in Wales, we are free from such oppression due to the United Nations Convention on the Rights of the Child (UNCRC for short). This is a commitment by the United Nations to protect the rights of children everywhere they can. Wales adopted the UNCRC into Welsh Law through the Rights of Children and Young Persons Measure 2011, this means they must pay due regard to the UNCRC whenever they make any new laws. This is an enormous step in the right direction when it comes to protecting the rights of people under the age of 18.
What Are My Rights In These Situations?
Firstly, before being forced to marry an older man, Mariam lives with her father, and his wife. Although she does not like her father’s wife, she is happy to be able to see her father often. However, it soon becomes apparent that he does not want her to live with him. So, he arranges for her to be married to a man called Rasheed, who is much older than her. She begs her father to stop this from happening, but he refuses. Although many do not think of this when they hear about abuse, this is a very serious kind of abuse. Mariam should never have been forced into this situation.
In Wales, young people ae safe from this kind of abuse as they are protected by Articles 12, 19 and 20 of the UNCRC. In this situation, Article 19 protects children from any kind of physical or mental neglect or maltreatment, by making the government legislate to prevent it. This means that it should be illegal for any child to suffer harmful treatment when in the care of a parent. If Mariam were living in Wales, there would be preventative measures in place to prevent the treatment she is facing in this situation. Forced Marriage Protection Orders can be used to prevent forced marriages from occurring, these fall under the Family Law Act 1996. Additionally, Mariam should not be deprived of her family environment against her best interests. This is stated in Article 20. What this means is that a child should never be permanently, or temporarily, taken away from their regular family environment if it would cause them harm. In Mariam’s case this would be her being forced into a marriage and living with the man in a different city.
Additionally, Mariam should absolutely never have been forced to marry a man when she is only 15. No person should ever have to marry someone against their will, but children should never have to marry anyone before they are an adult. In Wales no child would ever be allowed to marry another person. This is illegal under UK law. Recently, the Marriage and Civil Partnership (Minimum Age) Act 2022 has raised the minimum age of marriage to 18, this means even 16- and 17-year-olds cannot get married, even with parental consent. However, child marriage is also prevented by Articles 34, 35 and 36 of the UNCRC.
Article 34 protects children and young people from any kind of sexual abuse that could occur, this would come part and parcel with a forced marriage such as Mariam’s. This Article is upheld in UK law by the Children Act 1989. This act makes illegal abusing children in any way and allows the government to step in if there is reason to believe a child is in danger. This means that if you tell somebody something is wrong, there are people from the government who can come to help.
Additionally, Article 35 protects children from being sold or trafficked, this means that a parent or guardian cannot give you to someone in exchange for money. Article 36 expands on this, stating that the government must protect children from any kind of exploitation, which may be detrimental to their welfare.
In UK law, Articles 35 and 36 are actively upheld thanks to the Modern Slavery Act 2015. This Act covers many of the ways a child could be exploited, such as through work or trafficking. This means that nobody can force you to do any kind of labour, or to serve another person against your will. The Act also puts measures in place to stop the people who may do this to you, and to offer you support if you are a victim of this kind of abuse.
Another right relevant to this situation, is having your views respected. Article 12 tells us that every child should be free to express their opinions and feelings without the fear of not being taken seriously. This is something that always applies, there is no scenario that involves you where this right is not important. In Mariam’s situation, her worries, and concerns on being separated from her father should have been listened to as it relates to her day-to-day home life.
What Should I Do If I Think Something Like This Is Happening To Me?
It can be very difficult to talk about personal experiences where you may have been treated badly, but there are people you can go to who are non-judgmental and can help:
- ChildLine – 01792 477354
- NSPCC – 0800 1111*
- Samaritans – 116 123
If you think you, or someone you know, is in danger of the issues talked about above then you should speak to a trusted adult such as a teacher or relative. If these people are not available to you then you can contact the police on Emergency (999) and Non-Emergency (111) numbers.
For More Information
For more information about your rights, go to the Children’s Legal Centre Wales webpage. Alternatively, you can visit the UNICEF page and learn about the hard work that they are doing to protect children worldwide. Also, look out for more blogs like this from the Reading My Rights project.
About the Author
I’m Max Williams and I am currently a first-year student studying Law at Swansea University. I’ve always been an avid reader and this project has allowed me to incorporate this hobby into my studies. The importance of children’s rights cannot be understated, and many young people do not know what rights they have. This is a problem I intend to help combat through my involvement with the Reading My Rights project.
Thanks goes to Nicola Horgan, Senior Safeguarding Lawyer for Neath Port Talbot County Borough Council, for proof reading the legal content of this student blog.