a situation of
"force maieure"
is not consistent with the requirements of
lnternational Law.
77.The Court also notes that Article 281 of the impugned Family Code effectively
sets the marriage age at 18 for men and 16 for women. Furthermore, the Article
also includes the possibility for the administrative authorities to grant special
exemption for girls to be married at '15 years for "compelling reasons,,.
78.The Court holds in conclusion that it lies with the Respondent State to guarantee
compliance with the minimum age of marriage, which is 18 years, and the right
to non-discrimination; that having failed to do so, the Respondent State has
violated Article 6 (b) of the Maputo Protocol and Articles 2, 4 (1) and 21 of the
Children's Charter.
B.
Alleged violation of the right to consent to marriage
79.The Applicants allege that the impugned law, in its Article 300, entifles religious
ministers, alongside civil registry officials to perform marriages but that no
provision of this law provides for verification of the parties' consent by the
religious ministers.
80.The Applicants further aver that Article 287 of the impugned law prescribes
sanctions against any civil registry official who performs marriage without
verifying the consent of the parties, but no sanctions are prescribed against
defaulting religious ministers who fair to perform the verification.
Applicants also submit that Article 283 of the same law specifies that consent
must be given orally and in person before the civil registry official by each party
81 . The
but that, that provision was not prescribed for religious ministers; the conditions
that must be fulfilled by the civil registry officialto be able to celebrate a marriage
without the presence of the parties are similarly not required of religious
m
isters
82.The Applicants contend that the way religious marriages are performed in Mali
poses considerable risf, given that the marriages are forced, in as mu ch as
4 yr, ))-_ gy