“Harmful practices”
means all behaviour, attitudes and/or practices
which negatively affect the fundamental rights of women and girls, such
as their right to life, health, dignity, education and physical integrity.11
II. UNDERLYING PRINCIPLES OF INTERPRETATION
[7] The Committee applies four general principles as the lens through which
interpretation of all African Children’s Charter provisions and all issues relating
to the protection of the rights and welfare of the child are addressed. These are:
the best interest of the child, the child’s right to freedom from discrimination, the
right to survival, development and protection, and children’s right to participate
in matters that affect them. The Commission supports the application of these
four principles in formulating the guidance in this Joint General Comment. In
addition, this Joint General Comment is informed by the principles of equality
and non-discrimination that underpin the overall objective and purpose of the
Maputo Protocol, as expressed in the preamble and in Article 2.
A.
Best interests of the child
[8] The African Children’s Charter provides in Article 4(1) that the best interests
of the child shall be the primary consideration in all actions undertaken by any
person or authority concerning the child. Child marriage gives rise to negative
physical, psychological, economical and social consequences and curtails the
enjoyment of children’s human rights and fundamental freedoms. Child marriage
11
Article 1(g) of the Maputo Protocol.
5