date of birth or determine a party’s approximate age. Marriage officers may also
rely on community knowledge and interviews but wherever possible, this must
be substantiated by objective, documentary evidence and verification procedures
should not rely solely on the statements of parents or legal guardians. In the
event of a dispute or inconclusive evidence as to a person’s age, the presumption
should be that the person is under the age of 18.
[27] States Parties must accord priority to the establishment and improvement
of official systems of registration, including in particular their Civil Registration
and Vital Statistics (CRVS) systems to ensure universal coverage within their
borders. States Parties are further encouraged to have regard to General Comment
Number 2 issued by the Committee relating to Article 6 of the African Children’s
Charter for further guidance on implementation of the right to birth registration.
[28] States Parties are obligated to make the registration of all marriages in
an official registry compulsory.20 Compliance with this obligation requires the
official registration of all forms of union, whether civil, customary or religious.
Compliance also requires that marriage registration systems are accessible and
cost effective for the parties to a marriage.
Ensure full enforcement of laws, penalties and sanctions
[29] To enforce the prohibition against child marriage, penalties and sanctions
should be imposed where marriages are performed without the necessary checks
20
See Article 6(d) of the Maputo Protocol and Article 21(2) of the African Children’s Charter.
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