未成年人婚姻:尼日利亚和突尼斯法律制度框架的启示

IF 0.7 Q2 LAW
Emna Chikhaoui
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引用次数: 0

摘要

背景:尽管所有的国际协议和国家法律都禁止和反对未成年人结婚,但它在全球许多国家越来越普遍。童婚是一种侵犯人权的行为,它使女孩无法获得适当的教育,无法获得所需的知识和健康,而这些知识和健康可以帮助她们方便地为自己的梦想或生活中的抱负导航未来,从而使她们能够与同龄人一起在国家建设中发挥惊人的作用。人们与未成年人结婚的原因和动机各不相同。尽管如此,大多数人还是相信与年轻女子结婚会带来性快感,这与与年长女子结婚的快感大不相同。本文生动地阐述了未成年人婚姻的含义。未成年人婚姻在世界范围内猖獗,但本研究将其范围限制在尼日利亚和突尼斯法律框架下未成年人婚姻的影响。方法:本文采用内容分析法(CA)和系统文献回顾法(SLR)作为研究方法。该方法为《未成年人婚姻:尼日利亚和突尼斯法律制度框架的影响》提供了理论和实践基础。结果与结论:文献综述和内容分析的结果是本研究所探讨的两国未成年人婚姻案例的实证。该文件还表明,在处理未成年人结婚的挑战方面存在国际和国内法律框架,并具体分析了《儿童权利公约》。它还说明了突尼斯关于未成年人结婚的法律框架,并强调了尼日利亚和突尼斯关于这一问题的法律的异同。该文件还阐明了两国童婚对健康和教育的影响。本文向政策制定者提出了宝贵的建议,并指出两国国民议会有必要改革其家庭法,并注意习惯法和伊斯兰法的差异。本文还建议更加尊重民法,一致通过。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Marriage of Minor: Implications from Nigerian and Tunisian Legal Systems Framework
Background: Despite all the international agreements and national laws that ban and against the marriage of minors, it is increasingly commonplace in many countries across the globe. Child marriage is a human rights violation which denies girls from acquiring proper education and gaining the required knowledge and sound health that could help them to conveniently navigate the future for their dream or perceived ambition in life so that they can play an amazing role with their peers in nation building. People engage in a marriage with a minor for different reasons and motivations. Still, the majority believe in sexual pleasure derived from marrying someone young, l far different from that of an older woman. The implications of the marriage of minors are vividly addressed in this paper. The marriage of minors is rampant in the world, but this study limits its scope to the implications of the marriage of minors from the legal framework in Nigeria and Tunisia. Methods: This article uses content analysis (CA) and systematic literature review (SLR) as methodological approaches. The methodology provides theoretical and practical foundations for Marriage of Minors: Implications from Nigerian and Tunisian Legal Systems Framework. Results and Conclusions: The results from the literature review and content analysis demonstrate cases of the marriage of a minor in both countries explored in this study. The paper also demonstrated that there are international and domestic legal frameworks in addressing the challenges of marriage to minors, and the paper specifically analysed the Convention on the Rights of the Child. It also illustrated the Tunisian legal framework for the marriage of minors and highlighted the similarities and differences in Nigerian and Tunisian laws regarding the issue. The health and educational implications of child marriage in both countries are also elucidated in the paper. The paper recommends valuable suggestions to the policy maker and the need for the National Assembly of both countries to reform their family law and take note of the differences in both customary and Islamic laws. This paper also recommends more respect for civil law, enacted unanimously.
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来源期刊
CiteScore
1.00
自引率
50.00%
发文量
62
审稿时长
6 weeks
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