affected by displacement are entitled to protection and humanitarian
assistance and special measures should be taken to protect them from
child marriage.42
Reparation to victims
[59] States Parties are obliged to provide adequate, effective and
comprehensive reparation to the victims of child marriage. Where acts
and omissions are attributable to the State, States Parties should provide
reparation that includes compensation, satisfaction and guarantees
of non-repetition as those terms are endorsed in General Comment
Number 4 issued by the Commission.43 However, States Parties are
obliged to provide all victims of child marriage reparation in at least the
forms of restitution and rehabilitation.44Measures of restitution should
be aimed at returning victims to the position they were in before and
may include restoration of status or citizenship and rights to land or
property. As part of their restitution efforts, States Parties must ensure
that girls who are pregnant and girls who have had children are allowed
42
Article 32 of the African Children’s Charter.
43
As pronounced by the Commission in General Comment Number 4, compensation should be
awarded to compensate for economically assessable damage and includes reimbursement of medical
expenses, compensation for disabilities and any other material, non-material or other harms suffered.
Satisfaction and the right to truth involves the State acknowledging its responsibility for the impact and
violations involved in child marriages and should be aimed at ending continued violation of the prohibition,
verification of facts and full and public disclosure. Guarantees of non-repetition involve taking measures to
combat impunity and can be linked to clearer instructions, guidelines and policies, training of law enforcement
and other public officials, the establishment of independent investigative mechanisms and appropriate forms
of accountability.
44
General Comment No. 4 of the African Commission on the Right to Regress for Victims of Torture
and Other Cruel, inhuman or Degrading Punishment or Treatment (Article 5).
30