[2] The aim of this Joint General Comment is to elaborate on the nature of State
Party obligations that arise from Article 6(b) of the Maputo Protocol and Article
21(2) the African Children’s Charter, both of which prohibit child marriage, this
Joint General Comment describes legislative, institutional and other measures
that should be taken by States Parties to give effect to the prohibition and to
protect the rights of those at risk or affected by child marriage.
[3] The task of interpreting the scope and meaning of provisions in the Maputo
Protocol and the African Children’s Charter lies, respectively, with the African
Commission on Human and Peoples’ Rights (Commission) and the African
Committee of Experts on the Rights and Welfare of the Child (Committee).4
[4] Acting on these respective interpretative mandates, the Commission and the
Committee have decided to issue this interpretative guidance on child marriage
as a Joint General Comment.5 This joint effort is premised on Article 42 (a) (iii) of
minimum age of marriage for women shall be 18 years. The African Children’s Charter in Article
21(2) provides that child marriage and the betrothal of girls and boys shall be prohibited and effective
action, including legislation, shall be taken to specify the minimum age of marriage to be 18 years
and make registration of all marriages in an official registry compulsory.
4
Article 45(1)(b) of the African Charter, authorises the Commission to formulate and lay down
principles and rules aimed at solving legal problems relating to human and peoples’ rights and
fundamental freedoms upon which African governments may base their legislation. Similarly, the
competence of the Committee to issue interpretive guidance is derived from Article 42(a)(ii) of the
African Children’s Charter, which authorises it to “formulate and lay down principles and rules aimed
at protecting the rights and welfare of children in Africa” and Article 42(c), which authorises it to
interpret provisions of the African Children’s Charter..
5
This Joint General Comment was developed by members of the Commission and Committee
in consultation with experts, academics, states and organisations working to end child marriage in
Africa. Drafts of the general comment were reviewed at meetings held in Ethiopia in April 2015 and
in Kenya in October 2015. A revised draft was presented to the Commission during its 59th Ordinary
Session for comment and input to the Committee during its 27th Ordinary Session in May 2016 for
comment and input. Comments were consolidated and presented together with a revised draft of the
general comment at a joint session of the Committee and Commission in November 2016. The final
draft of this Joint General Comment was finalised by a working group of representatives from the
2