Early Marriage – an Unresolved Problem in Georgia

The tragic case of Aitaj Shakhmarova’s murder became the case that provoked a public outcry in Georgia and led to an unprecedented unification of activists against early marriage. Aitaj, a 14-year-old ethnic Azerbaijani girl, got engaged as a result of a deal between families, and then her 28-year-old fiancé kidnapped and killed his child-wife two months later. Aitaj tried to escape several times, but was returned to her abusive “husband” each time.

The Author: Baia Pataraia is a women’s rights defender and director of the organization “Safari”

Early marriage is common throughout Georgia. There is no regular data collection. However, we have some interesting data: according to a 2018 study by UNICEF (United Nations International Children’s Emergency Fund), 14% of women aged 20-24 were married as minors; this figure is 25% in villages and 8% in cities. Also, according to the report of the Public Defender, in 2022, 815 pregnant minors were registered and 434 births were recorded. The crime statistics are also interesting: in 2022, under Article 140 of the Criminal Code, which refers to voluntary sexual intercourse between an adult and a person under the age of 16, a total of 27 cases were registered, of which in 17 cases the girl was ethnically Georgian, in 9 cases ethnically Azerbaijani, and in 1 case ethnically Armenian. As regards forced marriage and abduction, i.e. deprivation of liberty for the purpose of marriage, the vast majority of victims of these crimes are ethnic minorities.

What does the legislation say?

Child marriage is facilitated by problematic legislation and ineffective law enforcement. In terms of legislation, there are several serious gaps: the chapter on sexual crimes in the Criminal Code is generally problematic. The main problem is that lack of consent is not considered as rape, i.e. in Georgia the case is qualified as rape only if there is additional violence, which contradicts the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, i.e. the so-called Istanbul Convention.

In addition, the penalty for voluntary sexual intercourse with a person under the age of 16 is less severe than for rape. According to international standards, any relationship with a person under the age of 16, whether voluntary or involuntary, should automatically be considered rape. It is also problematic that the Criminal Code does not prohibit marriage or engagement of children.

The issue of enforcement is also very problematic. Plea bargaining and non-custodial sanctions are often used. The investigative structures are also unable to prevent or detect the pressure exerted by the perpetrator and the family on the girl victim, and often the investigation is dropped and no prosecution is initiated in cases of forced marriage. The investigation under Article 140 is also problematic, i.e. the police cannot investigate cases of sexual intercourse between an adult and a person under the age of 16 until the child is born. In this case as well, the plea bargain will often be enforced as a non-custodial sentence. In order to conceal this crime, underage girls do not fill in the column of the child’s father, they register as single mothers, and only later the child’s surname is changed and the father is reflected in the documents.

From all of the above, it is clear that perpetrators exploit the loopholes in the law, creating a fertile ground for early marriage. The problem of law enforcement creates an environment of impunity and breeds crime. Awareness programs are weak and the referral mechanism does not really work. Information about child and forced marriages from the school is not passed on to social services or the police. Neither school staff nor officials are held accountable for not reporting the crime.

As we can see, the problem is systemic and discriminatory against girls, and ethnicity is an additional factor in increased discrimination by state structures.

What is the solution?

First of all, the effective enforcement of existing legislation and the application of real penalties, both for the commission of the crime and for accomplices and failure to report, should be initiated. Legislation needs to be improved: engagements under the age of 18 and unregistered marriages should be defined as forced marriages; the relatively mild special article on sexual intercourse by an adult with a person under the age of 16 should be abolished and considered as direct rape of a minor, which is a serious crime. The approach to combating sexual crimes needs to be fundamentally changed, both in terms of legislation and enforcement.

In general, eliminating the problem of early marriage requires a broader effort: strengthening prevention, improving the education system, developing a referral system, awareness campaigns, and effective work by law enforcement agencies.

This post is also available in: ქართული (Georgian) Русский (Russian)