Child marriage,human rights and international norms: the case of legislative reform in Trinidad and Tobago

Abstract

The United Nations Convention on the Rights of the Child entered into force in 1990. It condemns child marriage, violence and discrimination against children and enjoins tutelage for their education and health. Implementing such principles in national legislation sometimes conflicts with local norms relating to respect for cultural and religious traditions. This was the case of Trinidad and Tobago, a multicultural and multi-religious society that legally sanctioned child marriage until 2017. The paper makes two unique contributions to the literature. First, using the literature on child marriage and the obligations under international conventions, the paper creates a child marriage conceptual framework with the main normative positions on child marriage. Second, using the framework, it explores the normative motivations underlying the domestic legal reform debates held in parliament between 2015–2017. The paper uses the conceptual framework to explain the transformations in the traditional positions of local religious and ethnic groups, provides evidence of norm penetration from the international to a local multicultural setting and furthers the literature on international human rights norm penetration and contestation.