I.
OBJECTIVE AND SCOPE OF THIS JOINT GENERAL COMMENT
[1] The prevalence of child marriage and its impacts are a major concern on the
African continent.1Child marriage has a serious impact on the enjoyment of
human rights and fundamental freedoms, particularly for women and girls and in
recent years has attracted high-level policy interest in continental forums. Among
others, this interest has been expressed through the adoption of an African
Common Position and the African Union campaign to End Child Marriage in
Africa.2 Child marriage is prohibited under regional African law. The Protocol to
the African Charter on Human and Peoples’ Rights on the Rights of Women in
Africa, 2005 (Maputo Protocol) and the African Charter on the Rights and Welfare
of the Child, 1990 (African Children’s Charter) both specify that the minimum
age of marriage shall be 18 years of age. In line with the overall purposes of the
Maputo Protocol and the African Children’s Charter, States Parties to either or
both treaties are required to take legislative, institutional and other measures to
give effect to this prohibition.3
1
The overall prevalence of child marriage in Africa is higher than the global average and if
current trends continue, Africa will become the region with the largest number and global share of
child marriages by 2050 (UNICEF, 2015. A Profile of Child Marriage in Africa available at http://www.
unicef.org/wcaro/english/UNICEF-Child-Marriage-Brochure-low-Single(1).pdf).
2
In May 2014, the African Union (AU) launched a campaign to end child marriage in Africa,
by enhancing continental awareness of the harmful impact of child marriage and by requiring states
to take appropriate legal, social and economic measures to address child marriage. Also in 2014,
the AU appointed a Goodwill Ambassador for Ending Child Marriage and the African Committee of
Experts on the Rights and Welfare of the Child (Committee) appointed an AU Special Rapporteur on
Child Marriage. Following the launch of these initiatives, in 2015 the Heads of State and Government
of the AU announced that they had formally adopted an African common position on the AU campaign
to end child marriage in Africa (the AU Common Position).
3
Article 6 of the Maputo Protocol, envisages that women and men will enjoy equal rights
and be regarded as equal partners in marriage. In line with this vision, Article 6(b) provides that the
1