Early Marriage as a Violation of Human Rights: A Proposal for Constructive Engagement in Non-Western Communities

Using early marriage in Roma communities as a case study, this article proposes respectful, culturally sensitive ways to reduce early marriage. Part 1 is an introduction. Part 2 examines rationales for early marriage in cultures where it is practiced. Part 3 uses legal anthropology, legal pluralism, and critical feminist intersectional theory to examine the phenomenon of early marriage. Part 4 discusses the harms of early marriage from a human rights perspective and the international human rights standards meant to protect girls. Part 5 presents a case study of early marriage in Roma culture. Part 6 analyzes how human rights laws help and harm the communities and individuals that they are meant to protect. Part 7 applies the legal theories from Part 3 to analyze early marriage in Roma communities. Finally, the article recommends culturally sensitive ways to reduce early marriage in non-western communities in general and Roma communities in particular.