totality of rights. The prohibition against child marriage in Article 6 of the Maputo
Protocol and Article 21(2) of the African Children’s Charter is interdependent and
interlinked with a number of other rights recognised under the two instruments.14
III. NORMATIVE FRAMEWORK
[16] The state obligations set out in this Joint General Comment have been
informed by the following normative framework:
• Article 21(1) of the African Children’s Charter, which directs States Parties
to take all appropriate measures to eliminate harmful social and cultural
practices affecting the welfare, dignity and normal growth of the child and
in particular, those practices which are prejudicial to the health or life of
the child and those practices which are discriminatory to the child on the
grounds of sex or other status.
• Article 21(2) of the African Children’s Charter, which provides that “child
marriage and the betrothal of girls and boys shall be prohibited and effective
action, including legislation, shall be taken to specify the minimum age of
marriage to be 18 years and make registration of all marriages in an official
14
These include right to education, the right to health, the right to rest, play, leisure and
recreation, the prohibition against child labour , the right to security and protection against child
abuse, torture, exploitation and cruel, inhuman or degrading punishment and treatment, the right
of the child to parental care and protection, provisions requiring the joint contribution by parents in
safeguarding the interests of the family, protecting and educating their children, the prohibition of all
forms of sexual exploitation and sexual abuse of children, and the obligation to enact and enforce
laws to prohibit unwanted or forced sex and all forms of violence against women.
10