or gender. This principle is central to the Maputo Protocol and grounds the interpretation of all its provisions, many of which recognise that gender inequality is an underlying driver of discrimination against women. Sex and gender based discrimination include any distinction, exclusion or restriction or any differential treatment which is based on sex or gender and which has the objective or effect of compromising or destroying the recognition, enjoyment or exercise of a human right or a fundamental freedom.13 Child marriage is a manifestation of gender inequality and constitutes discrimination based on sex and gender. This is reflected by the overwhelmingly disproportionate risk and impact it has on girls and women and its correspondingly disproportionate effect on the enjoyment of their human rights and fundamental freedoms. Child marriage reinforces harmful social constructions of gender, supports systems of patriarchy and entrenches patterns of discrimination. The commitment to non-discrimination against women and girls requires States Parties to recognise child marriage as a form of sex and gender based discrimination and take appropriate measures towards its elimination. C. Right to survival, development and protection [12] A child’s right to survival, development and protection is enshrined in Article 5(2) of the African Children’s Charter. Similarly, the preamble of the Maputo Protocol condemns practices that hinder or endanger the normal growth or affect 13 This definition is taken from Article 1(f) of the Maputo Protocol, which defines Discrimination against Women, as read with Article 1(k), which defines the term women to mean persons of the female gender. 7