Right to Protection of the Family 93. Article 18: (1) The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. (2). The State shall have the duty to assist the family which is the custodian of morals and traditional values recognised by the community. 94. The right to protection of the family implies also the right to marry. Family or marital status may differ between individuals because, inter alia, they are married or unmarried, married under a particular legal regime, in a de facto relationship or one not recognised by law, divorced or widowed, live in an extended family or kinship group or have differing kinds of responsibility for children and dependents or a particular number of children. States parties should ensure protection of the rights of individuals within families. Further, states must ensure equality between partners in marriage 95. The right to family protected under the African Charter includes obligations on the State to: Minimum Core Obligations a. Guarantee in law and practice the rights of all persons to enter into marriage with their full and free and personal consent b. Abolish such customs, customary laws and practices as may affect the freedom of choice of a spouse. c. Ensure that no marriage is entered into by parties less than 18 years old. National Plans, Policies and Systems d. Ensure that social welfare programmes introduced by the state promote the protection and development of family life. Measures may include social security benefits, tax-exemption, housing support and child-care assistance. e. Take steps to ensure that every marriage shall be registered in accordance with national laws. Vulnerable Groups, Equality and Non Discrimination Equality of Spouses f. Ensure the equal rights and responsibilities of spouses during marriage and at its dissolution. The equality of spouses shall include the obligations and rights of the two parties with regard to any children, subject to the best interests of the child. It shall include equal rights of women regarding adoption, guardianship and custody of children. g. Women shall have the same rights as men to hold and acquire nationality, to choose a family name, a profession and occupation. 55