S 1998 ISCommentsClose CommentsPermalink

To reduce child marriage, and for other purposes.CommentsClose CommentsPermalink

August 3, 2007

Mr. DURBIN (for himself, Mr. HAGEL, Mrs. FEINSTEIN, Mrs. CLINTON, Mr. DODD, Mrs. MURRAY, and Mr. JOHNSON) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

To reduce child marriage, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `International Child Marriage Prevention and Protection Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) Research shows that child marriage in developing nations is often associated with adverse economic and social consequences and is dangerous to the health, security, and well-being of girls and detrimental to the economic development of communities.CommentsClose CommentsPermalink





(2) The issue of child marriage is interwoven with broader social and cultural issues and is most effectively addressed as a development challenge through integrated, community-based approaches to promote and support girls' education and skill-building and healthcare, legal rights, and awareness for girls and women.CommentsClose CommentsPermalink





(3) As Charlotte Ponticelli, Senior Coordinator for International Women's Issues for the Department of State, stated on September 14, 2005: `It is unconscionable that in the 21st century girls as young as 7 or 8 can be sold as brides. There is no denying that extreme poverty is the driving factor that has enabled the practice to continue, even in countries where it has been outlawed...We need to be shining the spotlight on early marriage and its underlying causes...We must continue to do everything we can to ensure that girls have every opportunity to become agents of change and to expand the `realm of what is possible' for their societies and the world at large.'CommentsClose CommentsPermalink





(4) The severity of the adverse impact of child marriage increases as the age at marriage and first childbirth decreases.CommentsClose CommentsPermalink





(5) A Department of State survey in 2005 found that child marriage was a concern in 64 out of 182 countries surveyed and that the practice is especially acute in sub-Saharan Africa and South Asia.CommentsClose CommentsPermalink





(6) According to the United Nations Children's Fund, in Ethiopia and in parts of West Africa marriage at the age of 7 or 8 is not uncommon.CommentsClose CommentsPermalink





(7) In developing countries, girls aged 10 to 14 who become pregnant are 5 times more likely to die in pregnancy or childbirth than women aged 20 to 24.CommentsClose CommentsPermalink





(8) Girls in sub-Saharan Africa are at much higher risk of suffering obstetric fistula.CommentsClose CommentsPermalink





(9) According to the Department of State: `Pregnancy at an early age often leads to obstetric fistulae and permanent incontinence. In Ethiopia, treatment is available at only 1 hospital in Addis Ababa that performs over 1,000 fistula operations a year. It estimates that for every successful operation performed, 10 other young women need the treatment. The maternal mortality rate is extremely high due, in part, to food taboos for pregnant women, poverty, early marriage, and birth complications related to FGM [Female Genital Mutilation], especially infibulation.'.CommentsClose CommentsPermalink





(10) Adolescents are at greater risk of complications during childbirth that can lead to fistula because they have less access to health care and are subject to other significant risk factors related to the mother's physical immaturity.CommentsClose CommentsPermalink





(11) In nearly every case of obstetric fistula, the baby will be stillborn.CommentsClose CommentsPermalink





(12) The physical symptoms of obstetric fistula include incontinence or constant uncontrollable leaking of urine or feces, frequent bladder infections, infertility, and foul odor. The condition often leads to the desertion of fistula sufferers by husbands and family members and extreme social stigma.CommentsClose CommentsPermalink





(13) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates that there are more than 2,000,000 women living with fistula and 50,000 to 100,000 new cases each year. These figures are based on the number of women who seek medical care. Many more suffer from the disabling condition.CommentsClose CommentsPermalink





(14) Adolescent girls are more susceptible than mature women to sexually transmitted infections, including HIV, due to both biological and social factors.CommentsClose CommentsPermalink





(15) Research in several countries with high rates of HIV infection indicates that married girls are at greater risk for HIV than their unmarried peers.CommentsClose CommentsPermalink





(16) Child marriage can have additional long-term consequences when combined with female genital cutting because the girls who have undergone that procedure can experience greater complications during pregnancy, leading to lasting health problems for themselves and their children.CommentsClose CommentsPermalink





(17) Child marriage is a leading barrier to girls' education in certain developing countries.CommentsClose CommentsPermalink





(18) A high incidence of child marriage undermines the efforts of developing countries and donor countries, including the United States, to promote economic and social development.CommentsClose CommentsPermalink





(19) The causes of child marriage include poverty, custom, and the desire to protect girls from violence or premarital sexual relations.CommentsClose CommentsPermalink





(20) Child marriage may also be a product of gender violence in which a man abducts and rapes a girl and then, sometimes through negotiations with traditional leaders, negotiates a settlement with the girl's parents, including marriage to the victim.CommentsClose CommentsPermalink





(21) The practice of child marriage is considered a `harmful traditional practice' by the United Nations Children's Fund.CommentsClose CommentsPermalink





(22) The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages, adopted at the United Nations, December 10, 1962, requires the parties to the Convention to overcome all `customs, ancient laws, and practices by ensuring complete freedom in the choice of a spouse, eliminating completely child marriages and the betrothal of young girls before the age of puberty'.CommentsClose CommentsPermalink





(23) The African Charter on the Rights and Welfare of the Child, which entered into force in 1990, provides that `child marriage and the betrothal of girls and boys shall be prohibited and effective action, including legislation, shall be taken to specify the minimum age of marriage to be eighteen years'.CommentsClose CommentsPermalink





(24) In Ethiopia, Girls' Activity Committees, community-based groups formed to support girls in school and advocate for girls' education, have conducted community awareness and informational campaigns, enlisted the assistance of traditional clan and religious leaders, discouraged families from practicing child marriage, encouraged girls' school attendance, and taken steps to reduce gender-based violence and create safer environments for girls en route to or from school and in the classroom.CommentsClose CommentsPermalink





(25) Recognizing the importance of the issue and the effects of child marriage, the Senior Coordinator for International Women's Issues of the Department of State initiated an effort in 2005 to collect and assess information on the incidence of child marriage and on the existence and effectiveness of initiatives funded by the United States to reduce the incidence of child marriage or the negative effects of child marriage and to measure the need for additional programs.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Agency.CommentsClose CommentsPermalink





(2) AGENCY- Except as otherwise provided in this Act, the term `Agency' means the United States Agency for International Development.CommentsClose CommentsPermalink





(3) CHILD MARRIAGE- The term `child marriage' means the legal or traditional marriage of a girl or boy who has not yet reached the minimum age for marriage stipulated in law in the country of which they are a citizen.CommentsClose CommentsPermalink





(4) DEVELOPING NATION- The term `developing nation' means any nation eligible to receive assistance from the International Development Association or the International Bank for Reconstruction and Development.CommentsClose CommentsPermalink





(5) HIV- The term `HIV' has the meaning given that term in section 3 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7602).CommentsClose CommentsPermalink





(6) HIV/AIDS- The term `HIV/AIDS' has the meaning given that term in section 3 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7602).CommentsClose CommentsPermalink





(7) OBSTETRIC FISTULA- The term `obstetric fistula' means a rupture or hole in tissues surrounding the vagina, bladder, or rectum that occurs during prolonged, obstructed childbirth.CommentsClose CommentsPermalink





(8) RELEVANT EXECUTIVE BRANCH AGENCIES- The term `relevant executive branch agencies' means the Department of State, the Agency, the Department of Health and Human Services, and any other department or agency of the United States, including the Millennium Challenge Corporation, that is involved in implementing international health or development policies and programs of the United States.CommentsClose CommentsPermalink





(9) SECRETARY- Except as otherwise provided in this Act, the term `Secretary' means the Secretary of State.CommentsClose CommentsPermalink

SEC. 4. SENSE OF CONGRESS.

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the untapped economic and educational potential of girls and women in many developing nations represent an enormous loss to those societies;CommentsClose CommentsPermalink





(2) expanding educational opportunities for girls and economic opportunities for women and reducing maternal and child mortality are critical to the achievement of internationally recognized health and development goals and of many global health and development objectives of the United States, including efforts to prevent HIV/AIDS;CommentsClose CommentsPermalink





(3) since child marriage is a leading barrier to the continuation of girl's education in many developing countries, it is important to integrate this issue into new and existing United States-funded efforts to promote education, strengthen legal rights and legal awareness, reduce gender-based violence, and promote skill-building and economic opportunities for girls and young women in regions with a high incidence of child marriage; andCommentsClose CommentsPermalink





(4) effective community-based efforts to reduce and move toward the elimination of child marriage as part of an integrated strategy to promote girls' education and empowerment will yield long-term dividends in the health and economic sectors in developing countries.CommentsClose CommentsPermalink

SEC. 5. DEVELOPMENT OF CHILD MARRIAGE PREVENTION STRATEGY.

(a) Requirements for Strategy- The Secretary shall develop a comprehensive strategy, taking into account the work of the relevant executive branch agencies, to reduce the incidences of child marriage around the world by further integrating this issue into existing and planned relevant United States development efforts.CommentsClose CommentsPermalink





(b) Report on Strategy-CommentsClose CommentsPermalink





(1) REQUIREMENT FOR REPORT- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on the strategy described in subsection (a), including a discussion of the elements described in paragraph (2).CommentsClose CommentsPermalink





(2) REPORT ELEMENTS- The elements referred to in paragraph (1) are the following:CommentsClose CommentsPermalink





(A) A description of existing or potential approaches to prevent child marriage and address the vulnerabilities of populations who may be at risk of child marriage.CommentsClose CommentsPermalink





(B) A description of programs funded by the United States that address child marriage, and an assessment of the impact of such programs in the areas of health, education, and access to economic opportunities, including microfinance programs.CommentsClose CommentsPermalink





(C) A description of programs funded by the United States that are intended to prevent obstetric fistula.CommentsClose CommentsPermalink





(D) A description of programs funded by the United States that support the surgical treatment of obstetric fistula.CommentsClose CommentsPermalink





(E) A description of the impact of child marriage on the United States efforts to assist in achieving the goals set out in the United Nations Millennium Declaration adopted by the United Nations General Assembly on September 8, 2000 (resolution 55/2), including specifically the impact on efforts to--CommentsClose CommentsPermalink





(i) eliminate gender disparity in primary and secondary education;CommentsClose CommentsPermalink





(ii) reduce child mortality;CommentsClose CommentsPermalink





(iii) improve maternal health; andCommentsClose CommentsPermalink





(iv) combat HIV/AIDS, tuberculosis, malaria, and other disease.CommentsClose CommentsPermalink





(F) A description of the impact of child marriage on achieving the purposes set out in section 602 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701).CommentsClose CommentsPermalink





(G) A description of how the issue of child marriage can best be integrated into existing or planned United States programs to promote girls' education and skill-building, healthcare, legal rights and awareness, and other relevant programs in developing nations.CommentsClose CommentsPermalink





(c) Report on Child Marriage- Not later than 2 years after the date of the enactment of this Act, the Secretary, in consultation with other appropriate officials, shall submit to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives a report that describes--CommentsClose CommentsPermalink





(1) United States assistance programs that address child marriage;CommentsClose CommentsPermalink





(2) the impact of child marriage on maternal mortality and morbidity and on infant mortality in countries in which child marriage is prevalent;CommentsClose CommentsPermalink





(3) the projected effect of such programs on increasing the age of marriage, reducing maternal mortality and morbidity, reducing the incidence of obstetric fistula, reducing the incidence of domestic violence, increasing girls' access to and completion of primary and secondary education, reducing the incidence of early childbearing, and reducing HIV infection rates among married and unmarried adolescents;CommentsClose CommentsPermalink





(4) the scale and scope of the practice of child marriage in developing nations; andCommentsClose CommentsPermalink





(5) the status of efforts by the government of each developing nation with a high incidence of child marriage to eliminate such practices.CommentsClose CommentsPermalink

SEC. 6. AUTHORIZATION OF ASSISTANCE TO REDUCE INCIDENCES OF CHILDHOOD MARRIAGE AND OBSTETRIC FISTULA.

The President is authorized to provide assistance, including through international, nongovernmental, or faith-based organizations or through direct assistance to a recipient country, for programs to reduce the incidences of child marriage and promote the empowerment of girls and young woman. Such assistance may include--CommentsClose CommentsPermalink





(1) improving the access of girls and young women in developing nations to primary and secondary education and vocational training;CommentsClose CommentsPermalink





(2) supporting community education activities to educate parents, community leaders, and adolescents of the health risks associated with child marriage and the benefits for adolescents, especially girls, of access to education, health care, employment, microfinance, and savings programs;CommentsClose CommentsPermalink





(3) supporting community-based organizations in encouraging the prevention or delay of child marriage and its replacement with other non-harmful rites of passage;CommentsClose CommentsPermalink





(4) increasing access of women to economic opportunities, including microfinance and small enterprise development;CommentsClose CommentsPermalink





(5) supporting efforts to prevent gender-based violence;CommentsClose CommentsPermalink





(6) improving access of adolescents to adequate health care;CommentsClose CommentsPermalink





(7) supporting programs to promote educational and economic opportunities and access to health care for adolescents who are already married;CommentsClose CommentsPermalink





(8) supporting the surgical repair of fistula, including the creation or expansion of centers for the treatment of fistula in countries with high rates of fistula, and the care, support, and transportation of persons in need of such surgery; andCommentsClose CommentsPermalink





(9) supporting efforts to reduce incidences of fistula, including programs to increase access to skilled birth attendants, and to promote access to family planning where desired by local communities.CommentsClose CommentsPermalink

SEC. 7. RESEARCH AND DATA COLLECTION.

The Secretary shall work through the Agency and any other relevant agencies of the Department of State, and in conjunction with relevant executive branch agencies as part of their ongoing research and data collection activities, to--CommentsClose CommentsPermalink





(1) collect and make available data on the incidence of child marriage in countries that receive foreign or development assistance from the United States where the practice of child marriage is prevalent; andCommentsClose CommentsPermalink





(2) collect and make available data on the impact of the incidence of child marriage and the age at marriage on progress in meeting key development goals.CommentsClose CommentsPermalink

SEC. 8. HUMAN RIGHTS REPORT.

The Secretary shall include in the Department of State's Annual Country Reports on Human Rights Practices a section for each country where child marriage is prevalent, outlining the status of the practice of child marriage in that country.CommentsClose CommentsPermalink

SEC. 9. AUTHORIZATION OF APPROPRIATIONS AND OTHER FUNDING.

There are authorized to be appropriated to carry out the provisions of this Act, and the amendments made by this Act, in addition to funds otherwise available for such purposes, amounts as follows:CommentsClose CommentsPermalink





(1) $15,000,000 for fiscal year 2008.CommentsClose CommentsPermalink





(2) $20,000,000 for fiscal year 2009.CommentsClose CommentsPermalink





(3) $25,000,000 for fiscal year 2010.CommentsClose CommentsPermalink