55. The Court accordingly dismisses the objection to the admissibility of the
Application for failure to abide by
a reasonable time limit in submitting
the
Application to the Court.
B. Conditions not in contention between the parties
56.
The court notes that the compliance with sub-rules
1,2,9,4,
and 7 of Rule
40 of its Rules is not contested and that nothing on record shows that these
sub-rules have not been respected. The Court therefore holds that the said
conditions have been met.
57
-
ln light of the foregoing, the Court holds that this Application fulfils all the
admissibility requirements listed in Article 56 of the Charter and Rule 40 of its
Rules and, consequently, declares the Application admissible.
VII. MERITS
58.
ln the Application, it is alleged that the Respondent State violated Articles 2(2),
6(a) and (b) and 21(2) of the Maputo Protocol; Articles 3 and 4 of the Children's
Charter and Articles 1(3) and 5(a) of CEDAW
A.
59.
Alleged violation relating to the Minimum Age of Marriage
The Applicants aver that Article 281 of the impugned law establishing the
Family Gode sets the minimum age for contracting marriage at eighteen (1g)
for boys and sixteen (16) for girls, whereas Article 6(b) of the Maputo protocol
sets that age at 18 for girls.
60'
The Applicants further indicate that the impugned law allows for special
exemption for marriage as from fifteen (15) years, with the father's or mother,s
consent for the boy, and only the father's consent, for the girl.
61.
The Applicants also aver that according to the World Bank survey conducted
in Mali between 2012 and 2013, sg.g% of women aged 1g and 22 were
married before
age of
1\
13.60/0
4
14
at 15 years and
T^ g
3.4o/o before
the ag eof