LLM In International Human Rights Law

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    Child Marriage in South Asia: A Case Study on India, Pakistan, and Bangladesh
    (Griffith College, 2020) Shuja, Rabia
    Child marriage is a global phenomenon that severely impacts both the developing and developed world. With emphasis on South Asia, this dissertation aims to address why child marriage remains a prevalent issue, despite being prohibited by international and domestic law. The research was conducted through an analysis of the socio-legal landscape of India, Pakistan, and Bangladesh. It explored the countries' shared colonial history, as well as its influence on current child marriage laws. The domestic legal framework of each country was also critically analysed to ascertain whether their laws were in line with international standards, as well as to identify legal loopholes, and potential problems with implementation. Thus, this dissertation proposed that numerous factors contribute to the high rates of child marriage in South Asia. These factors include inadequate national legislation, dual systems of law, limited access to justice, poverty, gender inequality, restricted access to education, as well as religious and cultural norms. The effects of these factors are twofold - on one hand the laws that 'prohibit' child marriage in fact enable it to occur with impunity. Moreover, it creates a social landscape that promotes the practice of child marriage and prevents victims from obtaining justice due to poverty driven desperation and harmful social norms. The author proposed that child marriage may only be eradicated if the overall rights of children are protected. Therefore, a strong implementation of child marriage laws coupled with sufficient protection mechanisms, as well as an emphasis on gender equality and education may eventually eliminate the practice.