is therefore not in the best interests of the child. Article 4(1) is wide and applies to all actions by States Parties concerning the child as well as all the actions by other stakeholders, such as parents, traditional leaders and community representatives who, in the best interests of the child, must not perpetrate, perpetuate or support child marriage. [9] Applying the best interests of the child principle, States Parties must adopt and enforce legislation that sets the minimum age of marriage at 18 for both boys and girls. The principle also requires the adoption of effective prevention and redress measures to address those at risk and those already affected by child marriage. [10] As a corollary, the best interests of the child principle cannot and should not be interpreted or used as a justification to permit child marriage in any circumstance. For example, statements that imply that a child would fare better economically or avoid dishonour if married should never be suggested or considered as supporting an argument that child marriage is in the best interests of the child.12 B. Freedom from discrimination [11] The Maputo Protocol and the African Children’s Charter provide, in Articles 2 and 3 respectively, for the right to freedom from discrimination based on sex 12 As per the Constitutional Court of Zimbabwe and opined by Malaba DCJ in Mudzuru and another v Minister of Justice, Legal & Parliamentary Affairs N.O and Others: “There is a difference between making a man take responsibility for the pregnancy of a girl and the maintenance of the baby once it is born and compelling a girl child to get married because she got pregnant. It would, in fact, be a form of abuse of a girl child to compel her to be married because she got pregnant. What is clear is that pregnancy can no longer be an excuse for child marriage.” 6