18 years. For example, in Botswana and Zambia the age of consent is 16 years while in Tanzania it is 18 years. The sections in this Part have been drafted in a manner that will enable the legislative drafter to cut and past the provisions in the Bill with minimum change. 5.4 Part III Prohibition Of Child Betrothal and Marriage Regional and international treaties require countries to set the minimum age of marriage at 18, register all marriages and take effective action, including legislation, to eradicate child marriage – the SADC model Law does just that. It is important to note that some national legislation permit the marriage of minors, sometimes in a discriminatory fashion and with gender-based differences in minimum ages. Note should be taken of the 1962 United Nations Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage which reaffirms “that all States, including those which have or assume responsibility for the administration of Non-Self-Governing and Trust Territories until their achievement of independence, should take all appropriate measures with a view to abolishing such customs, ancient laws and practices by ensuring, inter alia, complete freedom in the choice of a spouse, eliminating completely child marriages and the betrothal of young girls before the age of puberty, establishing appropriate penalties where necessary and establishing a civil or other register in which all marriages will be recorded”. These obligations have been reiterated in subsequent human rights instruments. This Part of the Model Law is core to any law on eradicating child marriage. The provisions impact on other laws that are already on Member States Statute Book, such as laws of on marriage, legitimacy, adoption, citizenship, gender-based violence, criminal responsibility and trafficking. It is, therefore, important that the legislative drafter ensures adequate crossreferencing, consequential amendment or repeal of laws which conflict with the basic tenants of this Model Law. The idea is to have a consistent and harmonised Statute Book that will be in the best interest of the child. Any conflicts may result in the law being interpreted against the intention of the legislator. Page 12 of 78

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