121. Article S (a) of CEDAW stipulates that: "States Parties shall take all appropriate
measures:
(a)
To modify the social and cultural patterns of conduct of men and women,
with a view to achieving the elimination of prejudices and customary and all
other practices which are based on the idea of the inferiority or the superiority
of either of the sexes or on stereotyped roles for men and women."
122. Article 16(1) (a) and (b) of CEDAW stipulates that:
"State Parties shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations and in
particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only
with their free and full consent."
123. Article 21(1) of the Children's Charter provides that:
"State Parties to the present Charter shall take all appropriate measures
to eliminate harmful social and cultural practices affecting the welfare,
dignity, normal growth and development of the child and in particular:
(a) those customs and practices prejudicial to the health or life of the child; and
(b) those customs and practices discriminatory to the child on the grounds of
sex or other status."
124. Having established the violation of the ru+es provisions governing the minimum
age for marriage, the right to consent to marriage and the right to inheritance
for women and children born out of wedlock, the Court holds in conclusion that,
by adopting the Family Code and maintaining therein discriminatory practices
which undermine the rights of women and children, the Respondent State has
violated its international commitments.
125. In view of the foregoing, the Court holds that the Respondent State has
violated Article 2 (2) of the Maputo Protocol, Articles 1 (3) and 21 of the
Children's Charter and Article 5 (a) of CEDAW.
26
Yg