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What is it?
200. Marital status is “the personal status of each individual in relation to the marriage laws or customs of the country” (United Nations, 2008: 159). As they reflect culture, marital status categories are not universal across censuses and categories in a country may change over time. However, census data generally allow distinguishing between at least five categories: a) single, never married; b) married; c) widowed and not remarried; d) divorced and not remarried; e) married but separated. In some countries, it is necessary to take into account consensual unions, or socially recognized stable unions that may not have full legal force. In others, polygamous unions exist that are not always legally recognized or acknowledged by the census. Some countries join categories d) and e) and thus distinguish only 4 marital status categories. On the other hand, the Bahamas, in its 2010 census, distinguishes as many as 9: a) Not in a union; b) Legally married; c) Common-law-union; d) Visiting partner; e) Married but not in a union; f) Legally separated and not in a union; g) Widowed and not in a union; h) Divorced and not in a union; and i) Not stated.
201. Marital status is a key variable for gender analysis. It reveals situations of vulnerability such as polygamous unions, widowhood and child marriage. Wherever possible, marital status should be considered in tandem with household composition in order to capture some of the complexities of household composition.
202. For gender analysis, the category of “married,” in particular, needs to be clear. Monogamous unions should be distinguished from polygamous unions, and unions recognised by law (i.e. generally marriage) should be distinguished from consensual unions, which are recognised by tradition. Examples of consensual unions are customary or “common-law” marriages in much of Africa, visiting unions in the Caribbean and elsewhere, and cohabitation in de facto unions in Europe. Also, several countries (e.g. Brazil, Croatia, Germany) allow marriage or registered partnerships for homosexual couples that may be counted with census data with the categories of marriage, consensual union, or a separate category.
Text Box 9: Types of Socially Recognised Stable Unions Captured in Population and Housing Censuses
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Marriages: Unions recognized by civil and/or religious authority:
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Monogamous
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Polygamous
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Same sex marriages
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Consensual Unions: Unions recognized by custom or “common-law”, consensual unions or “companionate marriages,” free unions, temporary unions, visiting unions or cohabitations:
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Monogamous
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Polygamous
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Same sex unions
In recognition of the distinction between these categories, some censuses, particularly in the Caribbean countries, distinguish between the “marital status” and the “union status” of individuals.
Source: Elaborated on the basis of Census Questionnaires of the 2010 Census Round and the UNDESA Multilingual Demographic Dictionary, 2nd edition 1982.
203. Polygamy is a marriage which includes more than two partners. Its most frequent form is polygyny where a husband has two or more wives. In a census, the term ‘polygamy’ is generally used in a de facto sense (i.e. regardless of whether the relationships between the spouses are recognized by the state). Thus, several African censuses distinguish between “married – monogamous marriage” or “married – polygamous marriage” and ask for the number of wives or co-wives (e.g. Benin, Burkina-Faso, Burundi, Côte d’Ivoire, Egypt, Gambia, Kenya, Lesotho, Niger, South Africa, Togo, Uganda, but not Saudi Arabia). More generally, there are complexities in gathering information on marital status where marriage is a process, rather than a single event, as is often the case in Southern Africa. The Data Section discusses some of these complexities of gathering valid polygamy data in greater detail.
204. Widowhood refers to the marital status of a person whose spouse has died and who has not remarried. Widowhood affects women disproportionately; in every region of the world, at least one-third of women age 60 and over are widowed. In Africa, women over age 60 are over six times more likely to be widowed than men of the same age (United Nations, 2009 a).
205. Child marriage is defined as marriage before age 18 (regardless of national legislation on the minimum age at marriage, if different), for both girls and boys, which is the minimum legal age of marriage according to international human rights conventions, notably the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (United Nations, 1979), the Convention on the Rights of the Child (CRC) (United Nations, 1989). In practice, because women marry at younger ages than men, child marriage concerns mainly girls.
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Why is it important?
DISTINCTION BETWEEN SINGLE AND NEVER MARRIED
ARRANGED MARRIAGES BEFORE BIRTH
WOMEN THAT NEVER MARRY, E.G. BECAUSE THEY HAVE TO CARE FOR DEPENDENT PARENTS
206. Marital status greatly affects the socio-economic status of women and men and shapes their experiences in society. One way in which this happens is through the legal or customary practices that determine the property rights of married women. In many African countries, for instance, married women can only inherit property from their husbands, even if accumulated by common labour, through their children. Women in polygamous unions are most likely to see their economic rights violated due to unequal property rights. In Uganda, it was found that women considered themselves co-owners of property acquired during marriage because of the economic importance of their agricultural labour, but men viewed the property as theirs to use to marry a second wife (Khadiagala, 2002).
207. In addition, women’s marital status may influence their participation in the labour force and their educational enrolment, with consequences for their risk of dependency and poverty. For instance, child marriages have a greater impact on the educational career of women than of men, often leading to school drop-out, early pregnancy and the impossibility of ever entering the labour market. All other things being equal, married women may also be less likely to work and acquire economic independence. Consequently, divorced or widowed women are more vulnerable and exposed to the risk of poverty if they did not work while they were married and have no other personal source of income. When analysing this relationship, however, it is important to consider other factors, besides marital status, that may account for the woman's economic activity or inactivity. It may be, for instance, that for women of a certain educational level, it is the number of dependent children, rather than marital status per se, that accounts for their labour force participation.
208. Polygamy has several negative impacts on co-wives, e.g. adverse economic and inheritance consequences, such as loss of property and land ownership, health consequences, such as an increased risk of contracting HIV/STIs, and psycho-social consequences mediated by culture, such as disempowerment, low sense of self-worth, and personal betrayal. Even where culturally or economically accepted by women, it may be experienced as undesirable and burdensome. For example, in a survey conducted in Cameroon (Cheka, 1996) 66 per cent of women in polygamous unions did not want their husbands to take another wife. They gave many reasons for this, most often linked to jealousy and the central role occupied by children. While other types of relationships (e.g. extra-marital relationships in Western countries) may have similar impacts, polygamy adds a human rights dimension by legally and socially sanctioning unequal treatment of men and women. Polygamy also has negative consequences on families and children, including child poverty and lower educational attainment. In Swaziland, for instance, polygamy is an important factor in family disruption as conflicts frequently arise among husband and wives or among co-wives. It also contributes to school drop-out (Poulsen, 2006).
209. Child marriage has negative physical and mental health consequences for the married child and her children, and is often closely connected with forms of sexual exploitation and social isolation. According to Jenson and Thornton (2003), women who married young are more likely to be beaten or threatened, and more likely to believe that a husband might be justified in beating his wife. Child brides suffer health risks associated with early sexual activity and childbearing, leading to high rates of maternal and child mortality as well as sexually transmitted infections, including HIV, as older spouses may have had multiple sexual partners before the girl bride.
210. In many societies, widows are socially disadvantaged. Not only do they face several forms of social, economic, psychological and cultural deprivation, they also lack attention from policy makers and public interest. For a number of reasons, more females than males are affected by widowhood. On the one hand, in most countries men suffer higher mortality (e.g. from chronic life-style diseases or accidents, and violence). In addition, women tend to marry men slightly older than themselves and not to remarry once widowed. The reasons why men are more likely to remarry vary from culture to culture, but often include beliefs about a person’s attractiveness (e.g. linked to virginity), practical considerations (e.g. the need for a partner that can run a household) and the skewed sex ratio among older adults in many countries (Carr and Bodnar-Deren, 2009). See the next section, for an actual example.
211. While in developed countries widowhood is experienced primarily by elderly women, in developing countries it also affects younger women, many of whom are still rearing children. For example, in the 2004 census of Timor Leste, 19.2 per cent of women were found to be widows by the time they reached age 50, whereas this was only the case of 3.4 per cent of the women in the Hong Kong census of 2011. Most of this is due to higher mortality, although in some countries difficulties of remarriage for widows may also play a role. Discrimination in inheritance, including land or property grabbing, loss of social status, stigma and exclusion are a few of the human rights violations associated with widowhood in many societies. Interestingly, in Western countries, research suggests that men are more emotionally affected by widowhood than women, as they are more dependent on their spouse for social and emotional support (Lee et al., 1998). (MAY BE AN EXCESSIVE GENERALIZATION)
212. Widowhood and polygamy are interlinked because in societies where widowhood or singlehood is socially discredited, polygamy may be perceived as a practical alternative. For instance, Surtees (2003) found evidence of an increased prevalence of polygamy in Cambodian society, a practice which was not traditionally widespread. In the context of adult sex ratios skewed by civil war (1970-1975) and ensuing turbulence, many women were forced to choose between being a second wife or remaining unmarried.
Country Example 5: Widowhood Practices in Nigeria
In Nigeria, family law permits certain widowhood practices that discriminate against women, particularly those married according to customary rather than statutory law. Some of the negative practices derive from the belief that “the beauty of a woman is her husband.” At his death, she is seen as unclean and impure, and her health may be undermined by the customs she must observe in the weeks after her husband’s death. If she has no male adult children, she may be ejected from her husband’s house as both it and his land will have been inherited by his oldest brother. In most cases, the husband’s kin do not provide the widow with any economic support, particularly if she will not accept the status of being an additional wife to one of her husband’s brothers. In a study in Imo State, Nigeria, interviews and discussions were held with traditional rulers, leaders of women’s organizations and widows. Five factors that have an impact on the health and economic status of widows were identified: a long period of incarceration during mourning; an obligatory poor standard of hygiene; deprivation of the husband’s property and maltreatment by his relatives; the enforcement of persistent wailing; and the practice of demanding that a widow sit in the same room with her husband’s body until burial.
World Health Organization (1998). Women, Ageing and Health.
213. Child marriage is a harmful traditional practice and one of the most pervasive human rights abuses worldwide. In some countries in Southern Asia and Sub-Saharan Africa, half of the girls are married before they turn 18. It violates article 16 of the Universal Declaration of Human Rights (UDHR) (UN, 1948) which stipulates that “marriage shall be entered into only with the free and full consent of the intending spouses” as boys and girls lack the maturity to make an informed and free decision and, worse, are sometimes married off by their families without being consulted. The UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962) reiterates the right to free and full consent at marriage and holds duty-bearers accountable for specifying a minimum age for marriage and making sure that all marriages are officially registered. CEDAW goes further by stating that “[t]he betrothal and the marriage of a child shall have no legal effect” (Article 16.2). In addition, child marriage is linked to several rights explicitly stated within the Convention on the Rights of the Child (CRC) (United Nations, 1989), specifically to express their views freely, to be protected from all forms of abuse and from harmful traditional practices.
214. Globally, one-third of women currently aged 20–24 were married or in union before they turned 18 (UNICEF Child Info, http://www.childinfo.org/marriage_countrydata.php; accessed 5 May 2011). While the proportion of married girls aged 15 years or less is low, in some countries it ranges from 1 to 5 per cent – such as El Salvador, Ghana, Malaysia, Nepal, Nicaragua, Uganda and Zambia – while in Niger the share of very young girls that are married is above 20 per cent. Married adolescents are generally typified by
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Large spousal age gaps;
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Limited social support, due to social isolation;
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Limited educational attainment and no schooling options;
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Intense pressure to become pregnant;
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Increased risk of maternal and infant mortality;
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Increased vulnerability to HIV and other STIs;
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Restricted social mobility/freedom of movement;
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Little access to modern media (TV, radio, newspapers);
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Lack of skills to be viable to the labour market. (SOURCE ?)
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Data issues
215. Marital status data gathered from censuses may not capture the complexity of human experiences and processes that make up the living and union characteristics of women and men. In some of these cases, persons may fit more than one category at the same time. For instance, in some European countries couples may live together, but for legal or fiscal reasons maintain separate addresses. It is not always clear whether to classify persons as “single” or “consensual union” if indeed these categories exist. On the other hand, in many emigration countries, couples may not be legally separated or divorced, but de facto live separate lives as they work in different countries. It is unclear whether to record them as “married” or “married but separated.” In some African countries (e.g. Angola), polygamy is illegal, but men often take informal additional wives. It is not clear whether the informal wife’s marital status should be tallied as “single” or “married.” Finally, child marriages may not be formalized due to legal reasons, yet the arrangements are binding between families. Should informal child brides then be recorded as “married” or “single” ?
IT’S FINE TO RAISE ALL OF THESE ISSUES/QUESTIONS, BUT CAN WE PROVIDE SOME ANSWERS ?
216. Few countries ask questions about the previous marital status of individuals. Some, like Mauritius and Nepal in their 2011 censuses, ask whether the person has been married more than once. One country that includes more detailed information is Ireland. The 2006 census of Ireland distinguishes seven marital status categories, namely a) Single (never married); b) Married (first marriage); c) Remarried following widowhood; d) Remarried following divorce/annulment; e) Separated (including deserted); f) Divorced; and g) Widowed. This allows some interesting analyses, such as quantifying the propensity of widowed or divorced men and women to remarry. According to the Irish data, 9.04 per cent of women over the age of 15 had been widowed and of those only 2.89 per cent had remarried. In the case of men over age 15, only 2.78 per cent had been widowed, but of those a much higher percentage (11.29 per cent) had remarried. To some extent, these results are affected by the age structure, but even if this is taken into account, men are still more likely to remarry. Of the widows aged 40-49, for example, 12.4 per cent had remarried, but the equivalent figure for widowers was 21.2 per cent. Men were also more likely to remarry after a divorce, although here the difference was much smaller. Of those that had been married before, 39.67 per cent had remarried, compared to 30.08 per cent in the case of women. These data confirm the common perception that divorced women and particularly widows are less likely to remarry than men in similar situations.
Country Example 6: Marital Status Categories in Côte d’Ivoire
In Côte d'Ivoire, an effort was made for marital status categories in the census to capture social reality rather than the legal status quo. Legally speaking, only marriages performed by a registry are valid. The law further prohibits the payment and acceptance of a bride-price, polygamy is outlawed and the marriageable age is 18 for women and 20 for men. However, according to the 1998 DHS, 35 per cent of women lived in a polygamous marriage and traditional marriages are commonly performed, even with girls as young as 14, in conservative communities in the North.
In order to adequately capture social reality, the Côte d’Ivoire census of 1998 offered “consensual/free union (union libre)” and “polygamous marriage with 1, 2, etc. co-wives” as answer categories for marital status. It also included the following “types of marriage”: legal marriage, customary marriage, religious marriage, legal and customary marriage, legal and religious marriage, religious and customary marriage, legal, and customary and religious marriage.
217. In countries where consensual unions are frequent and not condemned by social norms, the census is an invaluable tool to report on them, as they are generally not registered. However, it is likely that undocumented/customary marriages and consensual unions will be under-reported in the census, especially in countries where they are socially stigmatized.
218. A marital status category that may be relevant from a gender viewpoint but that has to be constructed from the census data, rather than being directly obtained from the standard options, is that of married women who are not living with their partners. This status may reflect a variety of situations. In many cases, it will refer to women whose spouses are living abroad or elsewhere in the country for work-related reasons. It may also reflect a situation in which spouses are living apart but do not yet consider themselves permanently separated. In censuses taken based on the “de facto”, rather than the “de iure” criterion, it may also indicate that the husband was temporarily absent on census night, even though he normally lives in the household. It is important to be aware of the enumeration criterion as this third situation is obviously very different from the other two.
219. The validity of marital status data is compromised by misreporting and various forms of census editing. False information may be given on marital status for reasons of social desirability (e.g. in societies where divorce or separation is not socially acceptable). Estimates by age may also be affected by age misreporting. Also, under-age spouses are often not asked marital status questions. Where they are asked and report to be married, marital status is in some countries set to “single” to conform to national legislation. Question wording and answer categories on consensual unions and polygamy are not harmonised internationally. Thus, extensive recoding is necessary to make data comparable.
220. Regarding polygamy in particular, there are two important challenges to gender analysis. First, in many Muslim-majority (e.g. Iraq, Kuwait, Qatar, Mauritania) and some African countries (e.g. Togo, Uganda), only husbands are asked how many wives they have while wives are only asked whether they are married, without mention of the number of co-wives. To identify women living in polygamous marriages, one has to select households where a man declared to be in a polygamous union. Then, if the man is head of the household, one can identify the women whose relationship to the head of household is declared as “spouse”. This does not work in situations where the various wives live in different households. Second, in some African countries, polygamous consensual unions, although frequent, may be underreported when answer categories do not explicitly include unions involving persons who are cohabiting or married by customary marriage.
221. Text Box 10 below shows census questions on polygamy that a) ask about polygamy for men only, b) include answer categories for women married with men who have several wives c) include polygamous consensual unions.
Text Box 10: Census Questions on Polygamy
a) Qatar Census, 2010
Marital Status
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Never married
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Married
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Divorced
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Widowed
For married males only: Number of wives
b) Burundi Census, 2008
Is … married? (Est-ce que …est marié ?)
0. Single (Célibataire)
1. Man married monogamously or woman in monogamous marriage (Homme marié monogame ou femme en mariage monogamique)
2. Man married to two wives or woman married to a man having two wives (Homme marié à 2 épouses ou femme marié à un homme ayant 2 épouses)
3. Man married to three or more wives or woman married to a man having three or more wives (Homme marié à 3 épouses ou plus ou femme mariée à un homme ayant 3 épouses ou plus)
4. Free union (Union libre)
5. Divorced (Divorcé)
6. Separated (Séparé)
7. Widowed (Veuf)
c) Uganda Census, 2002
What is NAME's marital status?
1. Never married
2. Currently married (monogamous)
3. Currently married (polygamous)
4. Widowed
5. Divorced
6. Separated
7. Cohabiting (Monogamous)
8. Cohabiting (Polygamous)
Source: UNFPA Census Portal
222. Deficiencies in enumerator training and census editing may further affect the validity of data on polygamy. The 2001 South African Census, for instance, used question wording of type c) above. However, Table 14 shows that even though marital status included the item "polygamous marriage" for both sexes, not a single woman was reported in category 3. Enumerators were instructed that a man with more than one wife should be recorded as ‘polygamous’ rather than civil or customary marriage and that their wives were to be classified in categories 1 or 2 (married civil/religious or traditional/customary).CAREFUL HERE: THIS MAY HAVE BEEN DONE THROUGH DATA CLEANING RATHER THAN THROUGH ENUMERATOR INSTRUCTIONS. THERE ARE OTHER EQUALLY SERIOUS PROBLEMS IN SOUTH AFRICA REGARDING TRANSLATIONS, PROCESS MARRIAGES, ETC.
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