ESWATINI

The Marriage Act 1964 allows children to marry below the legal ages of 16 (girls) and 18 (boys) with special dispensation from the Minister. Parental consent is required for anyone who wishes to marry below the age of 21. In addition, the Marriage Act does not apply to customary marriages, which remain legally recognised.

In 2012, eSwatini passed the Children's Protection and Welfare Act. On its launch, it was described to have effectively banned child marriage, by giving children the right to refuse customary or traditional practices which may harm them, and by placing a penalty of at least 5 years imprisonment on anyone that breaches this law. However, despite efforts to replace the Marriage Act in 2022 - which sought to make the legal age of marriage 18 for all forms of marriage, the 1964 act remains in place, which effectively means child marriage remains legal.

Stronger protections against child marriage are provided by the Sexual Offences and Domestic Abuse Act 2018, which states that sexual intercourse with anyone under the age of 18 is rape and provides harsh penalties for perpetrators. Marital rape (between spouses of any age) is also illegal in eSwatini.