In the labyrinth of global human rights challenges, the issue of child marriage remains a dominant and deeply entrenched problem, especially in regions marred by conflict and instability. The recent study by Kakal, T., Elkarib, A.K.A., Kusters, L., et al., published in the International Journal for Equity in Health (2025), dives into the complex web of intersecting injustices faced by children, particularly girls, in conflict-affected Sudan. This groundbreaking research sheds light on how legal frameworks, societal norms, and the volatile context of conflict collectively perpetuate child marriage, thereby complicating efforts aimed at justice and equity.
The phenomenon of child marriage in Sudan is not an isolated social issue—it is a multifaceted crisis fueled by prolonged armed conflicts, fragmented governance, and deeply rooted patriarchal traditions. These factors exacerbate vulnerabilities among displaced populations, where insecurity and economic deprivation become the breeding grounds for early marriages. Within such conflict zones, legal protections often become either ineffective or completely inaccessible, leaving young girls dangerously exposed to a cycle of exploitation and diminished rights.
The study emphasizes the interplay between Sudan’s legal provisions and the realities of enforcement during times of civil unrest. Unlike many nations where legal deterrents can be enforced robustly, conflict-affected regions often witness a breakdown in institutional capacities. In Sudan, customary laws and Sharia-based legal provisions concerning marriage exist alongside formal statutory frameworks but operate in parallel rather than in concert, creating a patchwork of regulations that confuse and dilute protections against child marriage. This duality leads to inconsistent application and enforcement, where harmful practices can flourish unchecked.
One of the most technically significant findings highlights the discrepancy between international human rights obligations and local legal practice in Sudan. Despite Sudan’s ratification of multiple international treaties aimed at protecting children, including the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), implementation at the local level is hindered by political instability and resource constraints. These limitations prevent the prosecution of child marriage cases and the provision of effective support services, essentially leaving legal protections on paper while the reality on the ground remains bleak for many young girls.
Furthermore, the research introduces an innovative perspective by analyzing how conflict dynamics specifically intersect with gendered vulnerabilities. In conflict-affected areas, families often resort to early marriage as a coping mechanism to safeguard girls against perceived threats, including sexual violence or economic hardship. This adaptive strategy, rooted in survival instincts, ironically perpetuates the very cycle of injustice the families seek to avoid. The authors argue that addressing child marriage in such contexts therefore requires a comprehensive approach that integrates legal reform, community engagement, and conflict-sensitive programming.
The study also methodologically reveals the limitations of existing data collection efforts in conflict zones, spotlighting the pressing need for more sophisticated, conflict-aware monitoring systems. Conventional survey methods frequently fail to capture the hidden dimensions of child marriage during active conflicts, where displacement and insecurity limit accessibility. The researchers employed mixed-method approaches combining ethnographic fieldwork with legal analysis, offering a more nuanced understanding of the issue’s demography and the hegemonic legal narratives that both challenge and uphold child marriage practices.
Importantly, the research critiques the paradox of legal pluralism in Sudan, where overlapping jurisdictions fragment authority and dilute accountability. While the formal legal system ostensibly sets a minimum marriage age, customary tribunals and community elders often exercise decisive influence, sometimes legitimizing early marriage under cultural prerogatives. This fragmented legal landscape creates a tacit immunity for child marriage perpetrators and marginalizes victims seeking redress, thereby entrenching systemic injustice within both conflict and peace time contexts.
Another critical technical insight drawn from the study is the role of displacement and refugee contexts in exacerbating child marriage trends. As conflicts uproot families, the breakdown of social networks and protective mechanisms leaves girls more susceptible to forced or early marriage. The destabilization of educational and health infrastructure during conflict further compounds vulnerabilities, illustrating the importance of cross-sectoral interventions that address not only legal protection but also socio-economic empowerment.
The authors argue that legal interventions alone are insufficient without addressing the entrenched gender norms and economic drivers that sustain child marriage. They call for integrated, multisectoral strategies that combine legal reform with community-based education, improved access to healthcare and schooling, and targeted economic assistance to families most vulnerable to the pressures of early marriage. Such holistic programming needs to be adapted dynamically to the volatile conflict environment to ensure resilience and sustainability.
In an illuminating policy analysis, the study critiques international humanitarian responses that have historically prioritized immediate relief over longer-term social justice issues like child marriage. By highlighting the “blind spots” in peacebuilding and humanitarian agendas, the authors urge a paradigm shift that places children’s rights and gender equity at the forefront of conflict resolution and stabilization processes in Sudan. They underscore the need for specialized training for legal professionals and humanitarian actors to navigate the sensitive intersections of child protection and conflict.
A significant technical discussion within the study pertains to the role of political will and governance in transforming child marriage practices. The fragile state institutions of Sudan are often overstretched and underfunded, hindering legislative reform and enforcement. The study proposes innovative mechanisms for strengthening governance, such as incorporating community leaders into legal reform processes and leveraging digital legal aid platforms to improve access to justice. These recommendations aim to bridge gaps between formal law and community practices, fostering legitimacy and compliance.
The data presented showcases a disturbing trend of increased child marriage rates correlating with spikes in conflict-related displacement. This alarming correlation signals the urgent need for conflict-sensitive legal reforms and protective mechanisms that can withstand the pressures of instability. The authors advocate for incorporating child marriage prevention explicitly within peace agreements and post-conflict rebuilding agendas, arguing that the cycle of marriage-related injustices constitutes a structural barrier to lasting peace and development in Sudan.
Moreover, the study’s technical contribution extends to offering a novel conceptual framework for understanding child marriage as a convergence point of legal, social, and conflict-related injustices. This framework equips policymakers and practitioners with analytical tools to design interventions that are contextually grounded and theoretically robust. The integrative approach could serve as a model for other conflict-affected regions grappling with similar intertwining of legal pluralism and social vulnerability.
The implications of this research are profound, extending beyond Sudan to global debates about child protection in conflict settings. By elucidating how child marriage persists and morphs through intersecting legal and socio-political dynamics, the study challenges simplified narratives that frame child marriage solely as a cultural aberration. Instead, it points to a systemic injustice embedded within the mechanisms of law, governance, and conflict—highlighting the complexity of tackling such issues in fragile states.
Ultimately, the study calls for international cooperation and targeted funding to bolster conflict-sensitive legal reforms and social programs aimed at curbing child marriage. It stresses the imperative for the global community to adopt conflict-aware lenses when designing child rights interventions, ensuring that responses are adaptive, inclusive, and sustainable. In doing so, the research not only advances scholarly understanding but also charts a practical roadmap for mitigating one of the most egregious human rights violations in the world’s most vulnerable conflict zones.
As Sudan continues to grapple with its multifaceted crises, the insights from Kakal, Elkarib, Kusters, and colleagues serve as a clarion call to stakeholders—from local communities to international policymakers—to recognize and dismantle the intersecting injustices that sustain child marriage. Their comprehensive and technically nuanced analysis offers hope for more equitable legal frameworks and social conditions that can protect future generations from the devastating consequences of early and forced marriage.
Subject of Research: Child marriage and legal frameworks in conflict-affected Sudan.
Article Title: Intersecting injustices: child marriage and the law in conflict-affected Sudan.
Article References:
Kakal, T., Elkarib, A.K.A., Kusters, L. et al. Intersecting injustices: child marriage and the law in conflict-affected Sudan. Int J Equity Health (2025). https://doi.org/10.1186/s12939-025-02706-w
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