the physical and psychological development of women and girls. Child marriage
poses a considerable threat to the survival and development of women and
children, especially girls, children with disabilities, migrant children, children
who are refugees and children in child headed households. Child marriage
is correlated with early and frequent pregnancy, which in turn is associated
with significantly higher rates of maternal morbidity, maternal mortality and
infant mortality. Child marriage also curtails the right to development, as those
who marry young are often forced to drop out of school or are precluded from
participating in economic, political, social and other activities. Child marriage
is also connected with increased exposure to the risk of domestic violence and
because child marriage frequently results in social isolation, the protection needs
of children and women in a child marriage often are not readily detected or met.
D.
Participation
[13] Pursuant to Article 4(2) of the African Children’s Charter, a child has the right to
communicate and express their views and opinions, subject to such restrictions as
prescribed by law. These views must, in terms of Article 7 of the African Children’s
Charter, be heard and taken into consideration in all judicial and administrative
proceedings affecting the child. Articles 4(2) and (7) are violated when children
are betrothed or married without giving their personal, free and full consent. This
includes instances where laws (whether statutory, customary or religious) regard
the consent of legal guardians to be determinative. The participation rights of
children are also violated when those convicted of rape are given the option to
marry the victim in order to avoid criminal sanctions. Similarly, in circumstances
8