II.
SUBJECT OF THE APPLICATION
A.
Gontext and facts as related by the Applicants
5
ln a bid to modernise its legislation by bringing it in line with the evolving
international human rights law, the Government of Mali launched, in 1ggg, a
vast operation to codify the rights of individuals and the family. This project,
which was subject to broad popular consultation, received expert input prior to
the drafting of Law No. 201 1-087 establishing the Persons and Family Code
(herein-after referred to as the "Family code") which was adopted by the
NationalAssembly of Mali on 3 August 200g.
6
This Law which was well received by a broad section of the population as well
as human rights organisations, could not be promulgated because of
widespread protest movement by lslamic organisations.
7
Submitted for a second reading, the impugned law in the end culminated in the
drafting of a new Family code which was adopted on 2 Decemb er 2011 by the
National Assembly and promulgated on 30 December 2011 by the Head of
State.
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The Applicants submit that the law as promulgated violates several provisions
of international human rights instruments ratified by the Respondent State as
referred to in paragraph 4 above.
B.
I
Alleged violations
The Applicants allege the following violations:
" i. Violation of the minimum age of marriage for girls (Article 6(b) of
the
Maputo Protocol and Articles 1(3), 2 and 21 of the African charter on the
Rights and Welfare of the Chitd (ACRWC);
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