The Persistence of the "Asiwa": A Socio-Legal Analysis of Child Marriage and Law Enforcement In Ghana’s Western Region

Abstract

This article examines the persistent prevalence of child marriage in Ghana, where national rates have stagnated while the Western Region has seen a sharp increase to 36.7%. Despite the 1992 Constitution and the Children’s Act of 1998 (Act 560) explicitly setting the minimum marriage age at 18, a critical discrepancy remains between these robust legal frameworks and grassroots socio-cultural realities. This research investigates why legislative prohibitions have failed to curb the practice, specifically seeking to identify the drivers of early marriage, explore the coping mechanisms of affected women, and evaluate the implementation challenges of existing laws.
Grounded in Radical Feminist Theory and a review of legal pluralism, the study analyzes the tension where customary norms often supersede statutory protections. Adopting a qualitative case study approach within the Shama and Tarkwa Nsuaem districts, data was collected from eighty participants including women involved in child marriages, traditional leaders, and state stakeholders using in-depth interviews and focus group discussions. The thematic analysis of this data reveals that child marriage functions as a resilient social and economic institution rather than a mere legal infraction.
Key findings highlight that traditional practices such as "Asiwa" (child betrothal) and "bride-service" create deep-seated obligations from as early as age five, compounded by a "menarche metric" that prioritizes physical puberty over chronological age. Furthermore, institutional inadequacies including a lack of birth registration and a "lackadaisical" attitude among enforcement agencies render state interventions "toothless." The article concludes that effective eradication requires a dual-track strategy: the rigorous enforcement of the Criminal Offences Act alongside intensive community-based legal literacy campaigns. Ultimately, the study argues that aligning customary practices with statutory human rights standards is essential to protecting the girl-child from systemic marital exploitation.