UGANDA

IDADE LEGAL PARA CASAMENTO

IDADE MÍNIMA PERMITIDA PARA CASAMENTO DEVIDO A EXCEÇÕES LEGAIS

SOBRE A LEI E QUAISQUER EXCEÇÕES

Uganda has many different laws which contain conflicting ages of marriage.
- The Constitution states the age of marriage is 18 and does not allow for exceptions.
- The Marriage Act - last amended at the end of 2023 - gives the age of marriage of 21 but also makes provision for parental or judicial consent to be given for marriages of people below this age, with no absolute minimum specified.
- The Marriage of Africans Act, which works alongside the Marriage Act, further specified that the Minister responsible for celebrating a marriage can provide consent for the marriage of minors.
- The Customary Marriage Act gives the age of 16 for girls and 18 for men, and a custodial sentence of up to 5 years and/or a fine of up to 10,000 shillings (US$3) can be handed down to someone who marries a child below these ages.
- The Hindu Marriage and Divorce Act also gives 16 and 18 as the ages for girls and men respectively, but the fine for marrying below these ages starts at just 100 shillings (US$0.03).
- The Marriage and Divorce of Mohammedans Act has no minimum age for marriage.

In 2016, Uganda passed the Children (Amendment) Act, which sought to bring many of Uganda's laws on child protection in line with the UN Convention on the Rights of the Child, which Uganda has ratified. This defines child marriage as a marriage or union where one of the parties is under the age of 18. In addition, it criminalises harmful or customary practices against children and gives child the right to protection from child marriage and sexual abuse, including access to support services. However, none of the clauses in the various acts containing legal ages of marriage were repealed in line with this.

In 2023, the Constitutional Court of Uganda found that the legal ages of marriage stated in the Customary Marriage Act, the Hindu Marriage and Divorce Act, and the Marriage and Divorce of Mohammedans Act to be unconstitutional, and held that the legal age of marriage is 18. However, at the end of 2023, the Marriage Act was amended, without regard to the ruling of the Constitutional Court. The ages contained within this act are 21 for marriage without consent, and no absolute minimum age with parental or judicial consent.

No explicit law prevents or protects the right to education for married, pregnant, or parenting girls.

No

Yes