International Day of the Girl Child – 11 October

 Since 2012, October 11 has been globally recognised as the United Nations’ International Day of the Girl Child, a day dedicated to raising awareness of the unique challenges faced by girls worldwide. While progress has been made in many areas, adolescent girls in non-Western societies continue to face systemic barriers that undermine their rights and potential. Among the most pressing issues are domestic violence, forced and early marriage, and the denial of basic human rights, such as the right to complete their education and the freedom to travel independently. These challenges are often deeply rooted in gender inequality, cultural norms, and legal frameworks that perpetuate discrimination. International efforts have highlighted the need for comprehensive strategies that address these injustices, including policy reforms, educational opportunities, and social programs that empower girls to claim their rights and secure their future.

One of the most serious challenges is early marriage, also known as child marriage, where girls—often minors—are married to an adult or another child. According to UNICEF, one in five girls worldwide is at risk of being subjected to this form of marriage. The consequences often include the cessation of the girl’s education and an increased likelihood of experiencing domestic violence. Adolescent girls are also at a significantly higher risk than women in their twenties of dying during childbirth or giving birth to stillborn infants.

In Oman, in particular, girls face numerous challenges that can be said to constitute violations of their rights and privacy. For example:

• In many regions of Oman, if not most, girls are subjected to female genital mutilation (FGM). Typically, girls undergo this procedure at a very young age, often without awareness or the capacity to consent or object. Although Oman’s Child Law has been amended to prohibit harmful traditional practices that may affect children, whether conducted by professionals or guardians, including the mutilation of female genitalia, FGM remains prevalent according to reports and surveys conducted by the OCHRD. Despite this legal framework, no significant penalties have been enforced by the authorities or relevant bodies to curb the practice. The OCHRD views this as an indirect empowerment of families by the official authorities in Oman to continue practicing this dangerous tradition in a covert manner, in order to avoid any direct conflict with local laws.

• Although Article 7 of Oman’s Personal Status Law explicitly prohibits marriage under the age of 18, a significant legal loophole exists in Article 10 of the same law. This article grants judges the authority to approve marriages for individuals below the age of 18, typically underage girls, if it is deemed to be in their “best interests.” This vague and subjective phrasing often leaves the decision at the discretion of the judiciary, allowing for potential exploitation of the law.

The OCHRD has consistently criticised these legal exceptions, arguing that they undermine the fundamental purpose of the legal framework designed to prevent child marriage. By allowing exceptions, the law perpetuates early and forced marriages, which can have devastating impacts on the lives of young girls, including the interruption of their education, exposure to domestic violence, and serious health risks related to early childbirth. Studies have shown that early marriages disproportionately affect girls from economically disadvantaged backgrounds, where families may see marriage as a means of financial security or social acceptance. International organisations like UNICEF and the United Nations have long advocated for the removal of such legal exceptions, emphasising that any marriage under the age of 18 should be considered a violation of children’s rights, regardless of perceived “best interests.” The legal flexibility offered by Article 10 not only weakens efforts to end child marriage but also reflects the broader challenges of balancing traditional practices with modern human rights standards in Oman and similar contexts.

• Article 44 of the Omani Penal Code grants parents and guardians the legal authority to use physical violence against their minor children, provided it is deemed in the child’s “best interests” and aligns with the parents’ right to discipline. According to the OCHRD, this provision framed as a means of promoting the well-being of the child, and is fundamentally inconsistent with the principles outlined in the Child Law. The vague language of the law, especially the notion of “best interests” and “discipline,” leaves considerable room for interpretation, potentially enabling the justification of corporal punishment and other forms of violence under the guise of parental authority.

The OCHRD argues that such legal provisions perpetuate harmful practices that violate children’s fundamental rights to safety and protection. Since 2018, the Centre has consistently called for the updating and amendment of the Penal Code to prohibit all forms of violence against children, irrespective of cultural or familial justifications. The Centre concludes that the inclusion of Article 44 in Oman’s legal framework reflects the tension between traditional views on parental authority and the growing imperative to protect children from all forms of abuse and violence.

• In Oman, victims of rape face significant legal and social challenges, particularly regarding reproductive rights. Current legislation categorises abortion as a crime, regardless of the circumstances surrounding the pregnancy. This includes cases of rape or coerced sexual encounters, which means that women and girls who become pregnant as a result of such acts are compelled to carry the pregnancy to term.  This legal stance not only exacerbates the trauma experienced by victims but also poses serious psychological and physical health risks. Victims of rape may endure additional trauma from being forced to give birth to a child conceived through violence, often leading to long-term mental health issues, such as depression and anxiety. Furthermore, the inability to terminate a pregnancy resulting from rape can have detrimental effects on the victim’s social and economic situation, potentially leading to stigma and ostracism. If a rape victim decides to bring charges against the perpetrator, she is liable to punishment along with the accused. The Omani Centre for Human Rights therefore believes that many rape-related cases go unreported, whether for fear of punishment or for fear of scandal in the community.

The current social status of girls is merely a microcosm of what their future situation will be, reflecting a continuation of the challenges they have faced since childhood. Furthermore, the psychological and health repercussions arising from this legally supported social status are significant. Therefore, the OCHRD consistently emphasizes the risks associated with the failure to amend existing laws and the urgent need for the establishment of legal frameworks that provide adequate protection for girls in Oman.