the African Children’s Charter and Article 45 (1) (c) of the African Charter which
mandate the two bodies respectively to cooperate with other African, international
and regional institutions concerned. This collaboration is also motivated by the
nature of the issue, which is one that equally affects the rights of women and the
rights of children.
[5] The scope of this Joint General Comment includes children in child marriages,
children at risk of child marriage and women who were married before the age
of 18.6Article 21(2) of the African Children’s Charter prohibits the betrothal and
marriage of all children before the age of 18 and boys at risk of or affected by child
marriage are also included in the scope of this Joint General Comment. However,
noting that girls are disproportionately at risk of and affected by child marriage,
this Joint General Comment specifically aims to address some of the factors that
make girls more susceptible to child marriage and its impacts, including their
reproductive capacities and persistent gender inequality and discrimination
against women. The disproportionate impact of child marriage on children with
disabilities, migrant children, children who are refugees and children in child
headed households is similarly noted.
[6] In this Joint General Comment, “marriage” means formal and informal
unions between men and women recognised under any system of law, custom,
society or religion.
Commission and Committee and is based on the strategic direction and instruction recommended by
the Commission and Committee at the November 2016 joint session.
6
The Maputo Protocol recognises this interlink of terms and provides that “women” means
persons of female gender, including girls.” Article 1(k) of the Maputo Protocol.
3