registry compulsory.” Read with Article 2 of the African Children’s Charter
which defines a child as every human being below the age of 18 years, this
prohibition precludes any exceptions to the minimum age of 18 for betrothal
and marriage. The Commission and Committee further note that Article
21(2) makes no distinction as to forms of law (civil, customary or religious
law).This means that the prohibition is a wide one, covering all forms of
betrothal and marriage under all forms of law.
• Article 1(3) of the African Children’s Charter, which requires States Parties
to discourage any custom, cultural or religious practice that is inconsistent
with the rights, duties and obligations contained in the African Children’s
Charter to the extent of such inconsistency.
• Articles 6(a) and 6(b) of the Maputo Protocol, which require that States
Parties ensure that legislative measures are in place to guarantee that no
marriage shall take place without the free and full consent of both parties
and that the minimum age of marriage for women shall be 18 years without
exception.
• Article 6 of the Maputo Protocol, which requires that States Parties ensure
that men and women enjoy equal rights and are regarded as equal partners
in marriage.15
• Article 1(b) of the Maputo Protocol, which enjoins States Parties to combat
15
Article 6 of the Maputo Protocol.
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