PART III PROHIBITION OF CHILD BETROTHAL AND CHILD MARRIAGE (In drafting national legislation a Member State/draftsperson should take into account the child justice system and penal/criminal laws impacting on the matters provided for in this Part and do effective cross referencing, for example, to existing laws on criminal responsibility, marriage, legitimacy, adoption, gender-based violence, trafficking etc; and if need be make consequential amendments to such legislation in order to meet the objectives of this Model Law and harmonise the law so as to ensure efficacy of the law) ( Note that where a Member State already has this provision in its laws then the need to add “from the commencement of the law” is unnecessary and if necessary replace with appropriate language such as “this Act, law enactment, etc. This comment applies throughout the Model Law) (Note that the “law” as used in this Model law means the law of the Member State) 16. Minimum age of marriage and contractual capacity From the commencement of the law, a person under the minimum age of marriage has no capacity to consent to a marriage or contract a marriage and any marriage purportedly entered into or solemnised is a prohibited marriage and void. 17. Prohibition of child betrothal and marriage (1) From the commencement of the law – (a) the betrothal of a child is prohibited; (b) a marriage between a child and an adult or between two children is prohibited; and (c) a person shall not contract, solemnise, abet or aid, promote, permit, coerce or force the betrothal or marriage of a child. Page 49 of 78