at risk of being withdrawn from school, whether for purposes related to an
intended marriage or otherwise.
Institutional measures to ensure access to and uptake of
health services
[34] In line with the African Children’s Charter and the Maputo Protocol,
girls have the right to enjoy their best attainable state of physical and mental
health24 and must be afforded access to a comprehensive range of sexual
and reproductive health rights.25Child marriage deprives children the full
complement of their right to health and increases their risk of exposure
to sexually transmitted infections, including HIV and AIDS. As explained
in General Comment Number 1 on Article 14(1)(d) and (e) of the Maputo
Protocol, women have the right to be protected from HIV and do not enjoy
this right in circumstances where they face significant risk of HIV exposure
or transmission.26
[35] States Parties are under an obligation to ensure access to comprehensive
sexual and reproductive health services.27 Third party permission for accessing
these services should not be required and services should be integrated,
24
Article 14(1) of the African Children’s Charter.
25
Article 14 of the Maputo Protocol and Article 14 of the African Children’s Charter. See
also the African Commission’s General Comments on Article 14(1), (d) and (e) and on Article
14(2)(a) and (c) of the Maputo Protocol.
26
Paragraph 5 of the African Commission General Comment on Article 14(d) and (e) of
the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in
Africa.
27
Article 14 of the Maputo Protocol and Article 14 of the African Children’s Charter. See
also the African Commission’s General Comments on Article 14(1), (d) and (e) and on Article
14(2)(a) and (c) of the Maputo Protocol.
19