any way detract from the rights protected by the Charter and other human
rights instruments to which the State is a party.
66.
With regard to the allegation of violation of the minimum age of marriage, the
Respondent State maintains that the established rules must not eclipse social,
cultural and religious realities; that the distinction contained in Article 2g1 of
the Family Code should not be seen as a lowering of the marriage age or a
discrimination against girls, but should rather be regarded as a provision that
is more in line with the realities in Mali; that it would serve no purpose to enact
a legislation which would never be implemented or would be difficult
to
implement to say the least; that the law should be in harmony with sociocultural realities; that it would serve no useful purpose creating a gap between
the two realities, especially as, according to the Respondent State, at the age
of fifteen (15), the biological and psychologicat conditions of marriage are in
place, and this, in all objectivity, without taking sides in terms of the stance
adopted by certain lslamist circles.
67. The Respondent State in conclusion asserts that the question
is not that of
violation of international obligations or maintenance of practices that should be
discouraged but rather that of adapting the said obligations to social realities
and that for these reasons, the Applicants' argument should be dismissed as
unfounded.
68.
ln their Reply, the Applicants argued that by ratifying the Charter, the Maputo
Protocol and the Children's Charter, the Respondent State committed itself
fully to the relevant instruments; that the threats generated by the protests
cannot justify derogation from the commitments imposed on it as a State party
to the said instruments.
69.
Concerning the minimum age for marriage, the Applicants submit that the
limitations on which the Respondent State relies to exempt itself from its
international obligations are not permitted under Article 6(b) of the Maputo
Protocolwhich, without exemption, sets the minimum age of marriage for girls
at eighteen (18)
)---
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