and Welfare of the Child (ACRWC), which prohibits child marriage
and the betrothal of boys and girls. Article 16.1 of the above charter
obligates the state parties to "take specific legislative, administrative, social
and educational measures to protect the child from all forms of torture,
inhuman or degrading treatment and especially physical or mental injury or
abuse, neglect or maltreatment including sexual abuse, while in the care of a
parent, legal guardian or school authority or any other person who has care of
the child."
Article 21.2 of the Charter (i.e. the ACRWC) goes on to say: "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 ... "
56.
In addition the Universal Declaration of Human Rights (UDHR), the
Convention on the Rights of the Child (CRC) and the Convention on
the Elimination of All Forms of Discrimination Against Women
(CEDAW) all expressly forbid the degrading and mistreatment of girls
inherent in child marriage.
57.
Article 16.1 of the Universal Declaration of Human Rights (UDHR)
of 1948 is particularly important in that it holds that men and women
of full age have the right to marry and found a family.
They are
entitled to equal rights as to marriage and its dissolution.
58.
In addition the Convention on Consent to Marriage, minimum age for
marriage and registration of marriages of 1964 states in Article 1 that
no marriage shall be legally entered into without the full and free
consent of both parties and it further obliges parties to the Convention
to specify a minimum age of marriage.
15
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