A Comparison between the Position of Child Marriage Victims and Child Soldiers: Towards a Nuanced Approach

This paper examines the roles of children affected by both chid marriage and child soldiers, with the goal of highlighting the complexity of child development and ability to consent. The authors differentiate children in the stages of early childhood, adolescence, and ‘on the verge of young adulthood’ for a more nuanced analysis of the legal system’s approach to children. The abuse and human rights violations faced by all children in either of these positions demonstrates the connection between child marriage and child soldiers. In determining the possible culpability of children, the authors explore the question of consent and the extent to which children have voluntarily entered into early marriage or soldiering. They suggest that in certain contexts of a child marriage and child soldiers, older children may be at an age to give valid, voluntary consent and their culpability to crimes should be considered proportionately.