Introduction
According to international and African regional human rights instruments, some customs and traditions underpinning child marriage are considered harmful practices and should therefore be abolished, regardless of the cultural, social, religious or geographical contexts in which they are embedded.[1] However, the effectiveness of these legal and normative standards depends on acceptance and implementation within local communities. [2] In practice, communities often accord greater legitimacy to customs and traditions than to formal legal frameworks, thereby rendering existing laws ineffective and difficult to enforce in addressing child marriage.[3] As a result, the practice persists despite existing laws and other initiatives aimed at addressing it. This reveals the tension between legal prohibition and community practices, highlighting that efforts to address child marriage cannot rely solely on a legal approach but also need to engage with customs and traditions. Accordingly, this piece aims to explore how customs and traditions can be leveraged in addressing child marriages in Tanzania.
An overview of Child Marriage in Tanzania
Child marriage remains a challenge in different parts of the world, including Tanzania. Although child marriage violates the rights of both girls and boys, girls are disproportionately affected and experience more severe and long lasting consequences.[4] According to UNICEF, statistics show that girls in Sub-Saharan Africa experience the greatest risk of child marriage in the world, with one in three marrying before age 18.[5]The practice of child marriage denies girls regularly a range of human rights, such as education, and exposes them to sexual and domestic violence, which also has implications for the overall development and well-being of society by perpetuating poverty and gender inequality, increasing maternal and child health risks and reducing economic productivity.[6]While various reasons such as poverty, unemployment, and limited education are mentioned for the prevalence of child marriage, customs and traditions are cited to play a significant role in sustaining the practice.[7]
Addressing Child Marriage in Tanzania
Tanzania has ratified several international human rights instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women, and the United Nations Convention on the Rights of the Child. These instruments require member states to adopt administrative, legislative, and other appropriate measures to address child marriage.[8] At regional level, Tanzania has ratified the African Charter on Human and Peoples’ Rights, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the African Charter on the Rights and Welfare of the Child, all instruments require state parties to take all appropriate measures to eliminate harmful practices, including child marriage and protect children rights.[9] In response to the international and regional legal obligations, Tanzania has enacted the Law of the Child Act.[10] The Act guarantees the promotion and protection of welfare and other rights of the child, but is silent on child marriage.[11] However, the Law of Marriage Act, enacts the minimum age of marriage to be 18 for boys and 15 for girls, respectively.[12] These provisions on the age of marriage were challenged in the case of Rebeca Gyumi vs Attorney General in 2016 .[13]The government was obliged to amend Sections 13 and 17 of the Law of Marriage Act, as they were ruled unconstitutional and discriminatory.[14] Nevertheless, the government appealed against the decision in the case of Attorney General vs Rebeca Gyumi in 2019.[15]The Court of Appeal upheld the decision of the High Court and directed the provisions to be amended.[16] However, it is not clear whether the decision will have any actual effect on child marriage incidences, as it was made without the participation of local communities, whose involvement is essential for effective implementation.[17]Thus, the government is of the view that public opinion is required to decide whether the provisions must be amended or retained.[18]
Customs and Traditions Underpinning Child Marriages in Tanzania
In Tanzania, child marriage is often justified by customs and traditions such as female initiation rites aimed at protecting family reputation and honour, driven by fears that adolescent girls may engage in premarital sex, lose their virginity, or become pregnant before marriage. Other practices are cultural festivals, child betrothal, bride wealth, and religious norms and values.[19] Notably, communities perceive these practices as sacred,a part of their identity, andas practices passed down through generations.[20]Hence,balancing the preservation of customs and traditions with protecting children’s rights remains controversial.
Leveraging Customs and Traditions in Addressing Child Marriage in Tanzania
In line with Venganai, I argue in this piece that customs and traditions should be used to address child marriage, because they each have positive aspects that can be leveraged to address the practice.[21] As the legal frameworks are lacking cultural legitimacy, recognizing and understanding cultural positive aspects is important for developing effective interventions in addressing child marriage.[22] Cislaghi et al suggest that changes in prevailing customs should base on existing customs and traditions, rather than importing new cultural values and expectations.[23] Hence, it is important to understand customs and traditions that underpin child marriage, the reasons for their existence, and explores their potential role in addressing child marriages. This can be done through interdisciplinary approach and cultural legitimacy.
Interdisciplinary Approach
By integrating fields of anthropology, sociology, history and law into the study of child marriage an interdisciplinary approach is taken. Such an approach can, as suggested by Kaime, provide a comprehensive understanding of how customs and traditions may be leveraged to address child marriage.[24] Anthropology examines cultural meanings, and values attached to customs and traditions that contribute to the prevalence of child marriage.[25] Sociology examines the social structures, gender relations, and power dynamics that sustain child marriage.[26] History provides insights on how customs and traditions related to child marriage have evolved over time in response to social, economic, political, and religious influences.[27] Law provides a framework for understanding the legal protections against child marriage and determines whether customs and traditions are consistent with children’s rights. The laws can be effective when they are informed by and responsive to cultural, social and historical realities. Thus, the effectiveness of legal interventions depends on their ability to align with existing customs and traditions. However, purely legalist approach may be ineffective if it lacks community acceptance and cultural legitimacy.[28]
Cultural Legitimacy
Kaime argues that children’s rights substantive and procedural standards are often ineffective when they are not perceived as legitimate within local cultural contexts.[29] The efforts to address child marriage are more likely to succeed when they are perceived as legitimate by respective local communities. In addressing child marriage, legitimacy can be enhanced by positively engaging customs and traditions rather than abolishing them. Customs and traditions sustaining child marriage may need to be reformed, while positive cultural values can be leveraged to address child marriage. In this way, legitimacy can be achieved through collaboration and community participation.[30] This can enhance active involvement of children, elders, parents, traditional, religious and government leaders, and other relevant stakeholders. Through this approach, community members become part of the solution, and it may enable effective interventions that are culturally acceptable and sustainable.
Concluding Remarks
Therefore, leveraging customs and traditions is essential in addressing child marriage. However, for laws to be effective, they should focus more on prevention rather than focusing on abolishing of customs and traditions. This can be achieved through interdisciplinary approach and cultural legitimacy, where local communities are actively engaged in determining which customs and traditions that can be leveraged to address child marriage.
[1] Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13 (CEDAW) art 16, Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 (CRC) art 24(3), Committee on the Elimination of Discrimination against Women/General Comment no. 18 of the Committee on the Rights of the Child, Joint General Recommendation no 31 of the Committee on the Elimination of Discrimination against Women/General Comment no. 18 of the Committee on the Rights of the Child on Harmful Practices, UN Doc CEDAW/C/GC/31-CRC/C/GC 18 ( 14 November 2014)< OHCHR WEB> accessed on 15 June 2026, African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999) CAB/LEG/24.9/49 (1990) art 21, and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (adopted 11 July 2003, entered into force 25 November 2005) art 5.
[2]Isabela Warioba, ‘Translation of Human Rights Law According to Local Context: A Solution to Child Marriage in Africa?’ (2020)5, Journal of Law Society and Development 1, 10.
[3] Sayema Akter et al, ‘Harmful Practices Prevail despite Legal Knowledge: A Mixed-Method Study on the Paradox of Child Marriage in Bangladesh’ (2021)29, Sexual and Reproductive Health Matters, 2, 12.
[4] John Hobcraft, ‘Fertility Patterns and Child Survival: A Comparative Analysis’ (1992) 33 Population Bulletin of the United Nations 1, 7.
[5] United Nations Children’s Fund (UNICEF), Is an End to Child Marriage within Reach? Latest Trends and Future Prospects (UNICEF 2023) https://data.unicef.org/resources/is-an-end-to-child-marriage-within-reach/.
[6] Ministry of Health, Community Development, Gender, Elderly and Children, ‘National Survey on the Drivers and Consequences of Child Marriages in Tanzania’ (2017) <https://www.forwarduk.org.uk/wp-content/uploads/2019/06/Forward-230-Page-Report-2017-Updated-Branding-WEB.pdf> accessed 30 June 2026, 109.
[7]Ibid,42.
[8] Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III) (UDHR) art 16, (CEDAW) art 16, (CRC) art 24(3).
[9] African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58 (Banjul Charter) art 18(3), (African’s Children Charter) art 21, and (Maputo Protocol) art 6.
[10] Law of the Child Act [Cap 13 Revised Edition 2019].
[11] Law of Marriage Act [Cap 29 R.E. 2019] ss 13 and 17.
[12]LMA 2019(n 11) ss 13 and 17.
[13] Miscellaneous Civil Cause 5 [2016] HC.
[15] Civil Appeal 204 of 2017[2019] Tanzania CA 348.
[16] Attorney General (n 15).
[17] Laura Stark, ’Early Marriage and Cultural Construction of Adulthood in Two Slums in Dar es Salaam’ (2018)8 Cultures, Health and Sexuality, an International Journal for Research Intervention and Care, 20, 890.
[18] ’Muswada Sheria ya Ndoa Kuingia Bungeni’ https://www.sheria.go.tz/news/muswada-sheria-ya-ndoa-kuingia-bungeni (accessed on 15 June 2026).
[19] Jonathan Ndaula, ‘Child Marriage among Maasai Girl Students in Tanzania: The Case of Kilosa District’, (2018) 2, Mkwawa Journal of Education and Development, 1, 56, Sheryl Buske, ’Child Marriage in Tanzania: Loopholes, Duct Tape, and Lesser Evils’(2024)60 Tulsa Law Review 60,1-2 119, Stark (n 15) 893.
[20] Aatir Rizvi & H. Imran. Qureshi, ‘Causes and Consequences of Child Marriages: A Pakistani Perspective’ (2022) 3, Al-Qawarir, 2, 44.
[21]Hellen Venganai., ‘(Re) Constructing Positive Cultures to Protect Girls and Women against Sexual Violence’ (2015) 29 Agenda: Empowering Women for Gender Equity 145.
[22]Ashenafi Baynesagn and Tsion Wubie, ‘Locked in Tradition: Upholding Child Marriage Practice in East Gojjam Zone, Ethiopian’ [2024] Families in Society <https://www.scopus.com/inward/record.uri?eid=2-s2.0-85192553538&doi=10.1177%2f10443894241233330&partnerID=40&md5=3396ab94128c81c5dba5a3f3ca6c22f6>.
[23]Beniamino. Cislaghi et al, (2018). Social Norms and Gender-related Harmful Practices, Learning Report 2: Theory in support of better practice. Learning Group on Social Norms and Genderrelated Harmful Practices, London School of Hygiene & Tropical Medicine,22.
[24] Thoko Kaime, The African Charter on the Rights and Welfare of the Child, a Socio-Legal Perspective (2009 Pretoria University Law Press) 184; Ambreena Manji, ‘The Role of Methods: Between Relevance and Radicalism in Socio-Legal Research’ (Rethinking Legal Research in and With Africa: Legal Methods, Critical Perspectives, and Decolonial Approaches in the Context of Human Rights and Sustainable Development, University of Antwerp, Belgium, March 2026).
[25]Jitihada Baraka et al, ‘Why Marry Early? Parental Influence, Agency and Gendered Conflict in Tanzanian Marriages’ (2022), 4, Evolutionary Human Sciences, 8.
[26]Baraka et al (n 25).
[27] Stark (n 15) 893.
[29] Ibid, 185.
[30] Ibid, 166.
