all forms of discrimination against women.16 Noting the disproportionate
effect and impact of child marriage on women and girls, child marriage is a
form of discrimination against women.
[17] This normative framework is further informed by the following general
normative provisions related to implementation:
• Article 1 of the African Children’s Charter which requires States Parties to
adopt legislative or other measures to give effect to the provisions contained
in the African Children’s Charter.17
• Article 1(b) of the Maputo Protocol, which requires States Parties to
take appropriate legislative, institutional and other measures to combat
discrimination and to take corrective and positive action in those areas
where discrimination continues to exist.18
• Article 26 of the Maputo Protocol, which requires that States Parties adopt
measures and provide budgetary and other resources towards full and
effective implementation.
16
Article 1(b) of the Maputo Protocol requires that States Parties : a) include in their national
constitutions and other legislative instruments, if not already done, the principle of equality between
women and men and ensure its effective application; b) enact and effectively implement appropriate
legislative or regulatory measures, including those prohibiting and curbing all forms of discrimination
particularly those harmful practices which endanger the health and general well-being of women.”
Articles 1(d) and (e) of the Maputo Protocol require State Parties to “take corrective and positive
action in those areas where discrimination against women in law and in fact continues to exist” and
“support the local, national, regional and continental initiatives directed at eradicating all forms of
discrimination against women.”
17
Article 1 of the African Children’s Charter.
18
Ibid.
12