policy brief

CHILD MARRIAGE
IN ZAMBIA
Child marriage, the marriage of a person below the age of 18,
deprives adolescent girls of their reproductive health rights and
impinges upon their opportunity to realize their full potential and
enjoy their human rights as established in various international
treaties. Adolescent girls have a right to education, health, dignity,
nondiscrimination, and quality of life. Protecting, promoting, and
fulfilling these rights is necessary to ensure that adolescents grow
into healthy, skilled, productive, independent, and responsible
adults, and yet the prevalence of child marriage in Zambia stands
in the way of ensuring these rights. To protect, promote, and fulfil
the right of adolescent girls, there is a need to eradicate child
marriage. Child Marriage Affects
More Girls than Boys
Prevalence of Child Marriage • Among 15–19-year-old
In 2015, following the 2013–14 Zambia Demographic and Health adolescents, 16.5% of girls
Survey (ZDHS), the Population Council and UNFPA conducted a are married compared with
study to establish the areas where child marriage is most likely to 1% of boys.
occur in Zambia. Study methods included a literature review and • Among 20–24-year-olds who
a multivariate analysis using the 2013–14 ZDHS and data from the are already married, 31.4% of
2010 Census of Population and Housing. Findings reaffirm that females were married before
child marriage is very high in Zambia. Although child marriage has age 18 as compared with only
declined by 25% from 41.6% to 31.4% among women aged 20–24 2.2% of males.
who report being married before they were 18 years old (see Protecting girls from child
Figure 1), it is still among the highest in the world. According to marriage is a national priority
the 2013–14 ZDHS, child marriage affects more girls than boys— in protecting girls’ rights and
achieving progress in national
Figure 1. Percentage of 20–24-year-old females development.
married by age 18

50

40
42 42
Percent

30
31.4
20

10

0
2002 2007 2014
JUNE 2017
 Although child marriage affects all girls, Effects of Child Marriage
those with less education, living in rural
Perpetuates poverty: Child brides do not
areas, and in the lower wealth quintiles
receive education and economic opportunities
are more susceptible than those with that help lift them and their families from
higher education, living in urban areas, poverty, hence child marriage perpetuates a
and in the higher wealth quintiles. vicious cycle of intergenerational poverty.

Deprives girls of an education: Child brides

16.5% of 15–19-year-old females reported being currently are likely to drop out of school, curtailing
married as compared with only 1% of males of the same opportunities and realization of their full
age group. Similarly in the 20–24 age group, only 2.2% of potential.
males reported having married when they were younger
Creates health risks: Child marriage and
than 18, as compared with 31.4% of females (CSO, MOH,
and ICF International 2014).
teenage pregnancy expose girls to early
childbearing and greater risks of life-long fertility
Child Marriage Hotspots in Zambia with significantly higher maternal and infant
A child marriage hotspot is a district where child marriage morbidity and mortality.
is most likely to occur. Data analysis shows that child mar-
Increases girls’ vulnerability: Child brides
riage is highest in Northern Province, Muchinga, and parts
are at risk of negative sexual and reproductive
of the Copperbelt Provinces (see Figure 2). Specifically,
health outcomes, including early pregnancy,
the districts of Isoka and Chama in Muchinga Province,
exposure to HIV and other STIs, and increased
and Masaiti, Mpongwe, and Lufwanyama in the Copper-
discrimination.
belt Province are hotspots with the highest likelihood of
child marriage, ranging from the probability or likelihood Puts girls at risk of violence: Child marriage
of 0.158 to 0.170. They are followed by Kaputa and Chilubi puts girls at an increased risk of sexual, physical,
districts in Northern Province and Mpika and Chinsali dis- and emotional gender-based violence.
tricts in Muchinga Province where the likelihood of child
marriage is between 0.146 and 0.158. In these districts,
an adolescent girl is most likely to marry before she is 18
values in Zambia (Mann, Quigley, and Fischer 2015). There
years of age.
are sociological and biological markers that determine the
age of the person. Reaching puberty is one biological mark-
On the other hand, in the Western part of Zambia, girls are
er. Sociological markers include withdrawal from or failure
less likely to marry before age 18. Interestingly, however,
to complete school; engagement in sexual relationships,
Western Province has the highest rate of teenage pregnan-
full-time labour, or wage employment; and the develop-
cy in the country at 41%. In the districts of Mongu, Lukulu,
ment of capacity to care for one’s self and others. This is
Senanga, Sesheke, and Shangombo, adolescent girls are
the reason why initiation ceremonies for girls who begin
less likely to be married before they reach age 18. It is
menstruation (often between the ages of 9 and 13) include
essential to understand what is protective in these districts
education on marriage, how to take care of a husband, and
that prevents adolescents from early marriage.
how to take care of a home as a mother.

Policy and Legal Context of Child Marriage

The second element is the definition of marriage. In
in Zambia
Zambia, there is no one single definition of marriage.
There are two important elements to understanding child
Zambia practices a dual legal system—customary law and
marriage: the definition of “child” and “marriage.”
statutory law (Panos 2014; Nsemukila 2015). Hence there
are two types of marriage—customary law marriage and
Although Article 266 of the Zambian Constitution defines
statutory law marriage.
a child as a “a person who has attained, or is below, the
Customary law marriage: Each ethnic group has its
age of eighteen years” and an adult as “a person who has
own definition. However, a valid marriage must fulfill
attained, or is above, the age of nineteen years,” the terms
four conditions: (1) a person has to reach puberty and
“child” and “adult” are not always measured in numerical

2
 undergo appropriate initiation Figure 2. Likelihood (probability) of child marriage per district, Zambia
ceremonies; (2) parental or
guardian consent; (3) negotia-
tions and payment of dowry (lo-
bola); (4) performance of a spe-
cific selected ritual signifying
marriage (e.g., wedding) (Mu-
shota 2005). This has caused
a conflict in law. Statutory law
prohibits sexual intercourse
with a person below the age of
16 and classifies it as an offence
called “defilement” (Section
138 of the Penal Code), and yet
recognition of customary law
marriage allows it.
Statutory law marriage:
Marriage is regulated by the
Marriage Act. To marry, one has
to be at least 21 years of age. A
person below 21 years needs
parental consent to marry.
including a civil society coalition against child marriage, a
However, the law does not
ten-member ministerial committee led by the Ministry of
specify the threshold below 21 years at which consent
Gender, a draft policy on ending child marriage, and
from parents is not acceptable. The law also allows a
National Strategy on Ending Child Marriage for the period
high-court judge to consent that a child below the age
2016–21. All of these efforts should be accelerated and
of 16 can be married.
effectively supported to reduce and eventually eradicate
child marriage.
Types of child marriage
• Marriages among peer adolescents—starting at age 11
Recommendations
for girls and 14 for boys, usually with an age difference
of about two to three years. Adolescents decide to Harmonise statutory laws and customary laws on
marry each other on their own. marriage
Although customary law is important because it is based
• Intergenerational marriages, where an adolescent girl
on values and community systems on which people de-
is married to an older man (in some instances an adult
pend for their survival, there is a need to ensure that
twice her age). Intergenerational marriages may be ne-
statutory law is harmonised with customary law, in order to
cessitated by various factors including poverty, where
eliminate elements of customary law that are discrimina-
marrying off the child serves as a means for the girl
tory against girls and women. Article 7(d) of the Amended
to escape poverty and be provided for, and the girl’s
Constitution recognises customary law as long as it is
family may also benefit through the payment of lobola,
consistent with the Constitution. To ensure that customary
whose value has been increasing over time.
marriage law is consistent with the Constitution, there is a
• Marriage to rectify a situation to avoid shame and dis-
need to adopt the Southern African Development Commu-
honor to the family (Mann, Quigley, and Fischer 2015)
nity (SADC) Model Law to end child marriage, amend the
(e.g., teenage pregnancy leads to marriage as a way of
Marriage Act, and adopt policy that clearly defines mar-
avoiding family shame).
riage and prohibits child marriage. The law should define
marriage as a union between two consenting adults. The
National Response law should also review discriminatory practices relating to
The Zambian government has instituted a nation-
marriage, such as the payment of lobola, in order to ensure
al response to address child marriage by launching a
gender equality in marriage for adults.
multi-stakeholder anti-child-marriage campaign. Struc-
tures to fight child marriage have been put in place

3
Engage custodians of traditions and customs to reform Generate evidence for decision making
marriage law customs There is a need to ensure that programmes aimed at re-
Customs and traditions can change when people who ducing child marriage are based on evidence. Government
believe and practice them no longer respect them. The and its partners should ensure that there is sustained
government and its stakeholders should accelerate public research for generating, analysing and using disaggregated
education programmes against child marriage, using a data to guide decision making in policy and programmes
rights-based approach, highlighting the value of self-worth aimed at ending child marriage in Zambia.
of adolescent girls who are entitled to human rights and
deserve to be assisted in the transition to adulthood safely References
and without discrimination. This should be done through
Central Statistical Office (CSO), Ministry of Health (MOH),
public media campaigns and community conversation that
and ICF International. 2014. Zambia Demographic and
explains how important it is for adolescent girls to create a
Health Survey (ZDHS) 2013-2014. Rockville, Maryland,
future of their own by ensuring that they stay in school, are
USA.
not married off early, and are protected from gender-based
violence and discrimination of any kind in the community. Mann, Gillian, Padraig Quigley, and Rosal Fischer. 2015.
“Qualitative Study on Child Marriage in Six Districts of
Keep adolescent girls in school
Zambia.” Sheung Wan, Hong Kong: Child Frontiers for
There is global evidence suggesting that keeping girls in
UNICEF.
school reduces child marriage. The government and its
stakeholders should explore various methods of keeping Mushota, Lilian. 2005. Family Law in Zambia: Cases and
girls in school. This should include: reducing teenage preg- Materials. Lusaka, Zambia: UNZA Press.
nancy by ensuring that comprehensive sexuality education Nsemukila, B. 2015. “Assessment of the Regulatory Frame-
and linkages to quality reproductive health services are work for Maternal, Newborn, Child Health and Nutrition
available and accessible to adolescents; creating incen- (MNCH&N) Services in Zambia.” Millennium Development
tives to keep girls in school, especially those from poor Goal Initiatives and Government of the Republic of Zambia.
families (e.g., use social cash transfer as a conditional
incentive for girls’ education in poor families); and creating Panos Institute of Southern Africa. 2014. “Media Brief on

a conducive school environment for girls, ensuring effec- Ending Child Marriage in Zambia.” Lusaka, Zambia.
tive menstrual sanitation facilities, privacy, and a bully-free
environment.

Create “safe spaces” for girls

To address the underlying causes of child marriage, in-
terventions are needed that enable girls to decrease their
social, health, and economic vulnerabilities while concur-
rently expanding their opportunities. Examples of such Suggested citation: Population Council, UNFPA, and
interventions include programmes that work through the Government of the Republic of Zambia. 2017. “Child
“safe spaces” model bringing girls together with mentors, Marriage in Zambia.” Lusaka, Zambia.
particularly female mentors, to provide a combination of
Photo credit: Natalie Jackson, Courtesy of the Population
interventions such as: life-skills training that includes infor-
Council.
mation on sexual and reproductive health, livelihoods-skills
training, providing financial assets such as social cash The United Nations Population Fund (UNFPA)
transfers, and employment assistance. Delivering a world where every pregnancy is wanted, every
childbirth is safe and every young person’s potential is
Ensure multisectoral collaboration against child fulfilled. unfpa.org
marriage
To address the underlying factors that lead to child mar- The Population Council conducts research and delivers
solutions that improve lives around the world. Big ideas
riage, there is a need to strengthen multisectoral collab-
supported by evidence: It’s our model for global change.
oration to ensure coherence in programming aimed at popcouncil.org.
eliminating the practice. Coordination must be at the high-
est level with authority to convene other relevant sectors
and cooperating partners and mobilise them for common
action.