Judgment No. CCZ 12/2015 28 Const. Application No. 79/14 on Consent to Marriage, Minimum Age of Marriage and Registration of Marriages 1962 (the Marriage Convention). The common feature of the many conventions was the failure to specify for States Parties the minimum age of marriage as a means of protecting children. They left the matter exclusively to domestic law. It is striking how poorly international human rights conventions addressed the practice of child marriage. Apart from their general lack of vision, the conventions, not being self executing, constituted promises by the adopting parties to enact domestic legislation and adopt other measures to achieve the desired objectives. Until 1990, almost all the conventions which contained provisions on marriage avoided specifying a mandatory minimum age of marriage for the States Parties. While many conventions provided that marriage must be freely consented to by the bride and groom, there was no recognition of the special vulnerabilities of children where “consent” could be easily coerced or unduly influenced by adults. (See Elizabeth Warner: “Behind the Wedding Veil: Child Marriage as a Form of Trafficking in Girls”. Journal of Gender, Social Policy & the Law: Vol. 12 Issue 2(2004) Article 1 p. 247. Under Article 16(1) of the UDHR, the United Nations General Assembly proclaimed that only men and women of full age, without any limitation due to race, nationality or religion, have a right to marry and to found a family. The United Nations General Assembly, by necessary implication, declared that a person who had not attained the age of majority could not exercise the right to marry and to found a family. Article 16(2) proclaimed that marriage shall be entered into only with free and full consent of the intending spouses. By necessary implication, a person below the age of majority was not capable of giving free and full consent

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