“Child” means a human being aged below 18 years of age, even if majority is attained earlier under national law.7 “Child marriage” is a marriage in which either one of the parties, or both, is or was a child under the age of 18 at the time of union.8 “Betrothal” means an engagement or a promise to marry. It can also refer to the act of promising or offering a child or young person in marriage, whether by a parent, guardian or family elder. “Free and full consent” in the context of marriage it entails a non-coercive agreement to the marriage with full understanding of the consequences of giving consent.9The Commission and Committee recognise that older children may have the capacity to make decisions about their lives and may have the capacity to consent to sex, medical treatment and other acts. However, despite such evolving capacities, the language of the Maputo Protocol and the African Children’s Charter clearly stipulates that children under the age of 18 are not capable of giving full and free consent to a marriage.10It is further noted that a child’s inability to consent to marriage cannot be supplemented or cured with the addition of parental consent given on behalf of a child, as the requirement of “full” requires total consent on the part of the person consenting. 7 Article 2 of the African Children’s Charter. 8 In Article 16(1) of UDHR, the United Nations General Assembly proclaimed that only men and women of full age, without any limitation due to race, nationality or religion, have a right to marry and to found a family. 9 The requirement of free and full consent is recognised in several international human rights instruments including article 16(2) of UDHR. 10 The UN Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1964) requires additionally such free and full consent to be expressed in the presence of the authority competent to solemnize the marriage and of witnesses, and as prescribed by law.. 4