In addition to punishment, another common way for states to respond to population overgrowth, particularly in countries that are considered less developed, is inaction. One example is Niger, the country with the highest fertility rate in the world, averaging seven children per woman.¹ A high fertility rate implies multiple problems for Niger. The number of poor people increases despite a decrease in the poverty rate, expanding the population in Niger that is trapped in extreme poverty. Extreme poverty brings various problems: health issues are compounded, as poverty often restricts access to sufficient healthcare, putting mothers and infants at risk and exposing newborns to high mortality rates; limited access to education; and food insecurity.

Save the Children, "Regional Distribution of Child Marriage in Niger."¹⁰

Despite the problems caused or exacerbated by the high fertility rate, the government has demonstrated no significant interest in addressing this situation. What factors contribute to the high fertility rate? What actions could the government take but has not yet done?

“...we asked them how many they would like to have - women said nine and men said 12, but some families said they would like 40 or 50 children...this is a society with a very pro-natal philosophy that encourages procreation."⁷ --INS deputy director, Adamou Soumana.

“Roukaya Hamani has an in-law problem. Her husband’s parents want more grandbabies, but she doesn’t want any more children right now. She’s already given birth four times; one of the babies died, and so now she has three, ages seven, five, and 16 months. She’s 18 years old.”⁸

The social norm that considers children as wealth simultaneously views women’s value as being baby-makers, leading to the prevalence of child marriage: the earlier women get married and start bearing children, the longer their reproductive years benefit the family. While the legal marriage age for both men and women is set at 21, in practice, the Civil Code allows early marriage with parental consent, setting the minimum age requirement for boys at 18 and for girls at 15.⁴ By doing so, the government has intentionally established a law that provides significant room for exploitation. Around 76% of Nigerien women marry before the age of 18, and 28% marry before the age of 15. Most of these women have their first sexual intercourse at the time of marriage, often unprotected, as early pregnancies are considered necessary for girls to prove their fertility.⁵

In addition to domestic laws, Niger’s participation in and compliance with international laws and treaties also remain inadequate. Niger is one of seven states that have signed but not ratified the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa(the Maputo Protocol), a regional treaty that calls for ensuring women’s rights in marriage and outlaws early marriage. Niger’s practice of child marriage also clearly violates the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), both of which prohibit child marriage and categorize it as a practice that infringes upon children’s fundamental rights.⁶