EXPLANATORY NOTES ON THE MODEL LAW ON ERADICATING CHILD
MARRIAGE AND PROTECTING CHILDREN ALREADY IN MARRIAGE
1.0
RATIONAL AND OBJECTIVES
Please refer to the Position Paper for a comprehensive rationale and
objectives of the Model Law.
Child marriage remains a problem in Southern Africa due to a variety of
factors. These include poverty; gender inequity; tradition; insecurity,
especially in times of conflict, limited education and lack of adequate legal
frameworks in Member States, most of which are inconsistent. In at least five
countries in the Southern African Development Community (SADC), almost
40% of children are married before they are 18 years of age. Malawi and
Mozambique are amongst 10 countries in the world with the highest rates of
child marriage. In both countries over 50% of children are married before
they are 18 years of age. In Mozambique and Malawi 1 in 2 girls is married
before she turns 18 years of age. In Zambia and Madagascar, the prevalence
of child marriage is over 40%;
The Model Law is intended to trigger policy reforms and development or
revision of substantive laws in Member States (MS) of SADC as:
it is a regional process shifting focus from national requirements to
regional dimensions based on best regional practices, shared
experiences, convergence of ideas, principles and concepts and arrived
at through consensus, making it a useful tool for policy discussions,
enactment of laws, decision-making and efficacious enforcement which
is dynamic in achieving within the region harmonisation beneficial to
eradicating child marriage;
it is based on international human rights instruments already
committed to by MS thus making MSs comfortable with it and
enabling them to be compliant with their international obligations;
it sets in motion efforts already begun at national level and provides a
well researched model establishing a regional standard, against which
efforts in MSs can be measured, that has been approved by MSs at a
high level having, though not binding in itself, a binding effect on MSs;
and
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