Noting Article 6 of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (the Maputo Protocol) which provides that – States Parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage. They shall enact appropriate national legislative measures to guarantee that – o no marriage shall take place without the free and full consent of both parties; o the minimum age of marriage for women shall be 18 years; o monogamy is encouraged as the preferred form of marriage and that the rights of women in marriage and family, including in polygamous marital relationships are promoted and protected; o every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognised; o the husband and wife shall, by mutual agreement, choose their matrimonial regime and place of residence; o a married woman shall have the right to retain her maiden name, to use it as she pleases, jointly or separately with her husband's surname; o a woman shall have the right to retain her nationality or to acquire the nationality of her husband; o a woman and a man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation or is contrary to national security interests; o a woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children; Page 22 of 78