where a child is not permitted to refuse or leave a union or marriage, his or her rights to participation, freedom of expression and freedom of movement (article 9 of the African Children’s Charter) are rendered nugatory. [14] Having regard to the overall purpose of the African Children’s Charter and to the primacy of the principle of the best interests of the child, a child’s right to participate in decisions and matters affecting them shall not be used to justify any exception to the minimum marriageable age of 18 years. For a number of reasons, a child might express an interest in forming a union or entering into a marriage before the age of 18. Although a child has the right to express these views, pursuant to Article 7 of the African Children’s Charter, and should be afforded an opportunity to communicate such views in matters affecting them, the best interests of the child require that no exceptions to the minimum marriageable age of 18 can be tolerated. E. Interrelatedness of children’s and women’s rights [15] In addition to the principles outlined above, the authoritative guidance offered in this Joint General Comment is grounded in the principle that rights are interrelated. This principle requires that a determination as to the meaning, content or ambit of the prohibition of child marriage in the Maputo Protocol and the African Children’s Charter requires a simultaneous consideration of the overall purpose and objective of these two instruments and the totality of rights, freedoms and provisions they enshrine. Any determination must then be one that is consistent with the overall objectives and purposes of the instruments and must prefer an interpretation that results in maximal realisation and enjoyment of the 9

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