in person before the religious minister, (2) it does not provide for sanctions
against a religious minister who performs marriage without verifying the parties'
consent, (3) it is silent on the verification of consent by the religious minister in
the event of the inability of either of the parties to do so and, (4) it does not lay
down, for the religious minister, the procedures for verifying the consent of the
parties.
88. The Applicants contend that the Respondent State confines itself to stating that
the practical organisation of marriage celebration is left at any place and at any
time to the discretion of the parties without adducing any argument to counter
the above criticisms.
***
S9.Article 6 (a) of the Maputo Protocol stipulates that: "states parties shallensure that
women and men enjoy equal rights and are regarded as equal partners in marriage.
They shall enact appropriate national legislative measures to guarantee that: a) no
marriage shall take place without the free and full consent of both parties."
90.The Court notes that the Maputo Protocol in its Articles 2 (1) (a) and 6 and
CEDAW in its Article 10 and 16 set down the principles of free consent in
marriage.
91. The Court also notes that despite the fact that the said instruments are ratified
by Mali, the extant Family Code envisages the application of lslamic law (Article
751) and entitles religious ministers to celebrate marriages, but does not require
them to verify the free consent of the parties.
92. Furthermore, while sanctions are prescribed against the civil status officer for
non-verification of the consent of the parties, no sanction is provided against a
religious minister who does not comply with this obligation. Verification of
consent given orally and in person is required before the civil status officer in
accordance with Article 287 of the Family Code, whereas this obligation to verify
is not required of a religious minister
),{e
ry4
20
@--'