Judgment No. CCZ 12/2015 37
Const. Application No. 79/14
The provisions of Article 21(2) of the ACRWC had a direct effect on the views
on the validity of ss 20 and 22 of the Marriage Act. A review of States reports presented to the
CRC Committee from 1997 to 2004 reveals that forty-four States specified a lower age for girls
to marry than boys. In its concluding comments E/1996/22(1995) para. 159 the Committee on
the International Convention on Economic Social and Cultural Rights (ICESCR Committee)
indicated that differences in marriageable age between girls and boys violated provisions of
international human rights instruments guaranteeing to girls and boys equal treatment before
the law.
In its concluding comment on Zimbabwe A/53/40(1998) para. 214 the
Committee on the Convention on Civil and Political Rights (ICCPR Committee) expressed the
view based on the interpretation of s 22(1) of the Marriage Act that early marriage, and the
statutory difference in the minimum age of girls and boys for marriage, should be prohibited
by law. The Government of Zimbabwe was asked to adopt measures to prevent and eliminate
prevailing social and cultural practices harmful to the welfare of children.
The comment by the CEDAW Committee in General Recommendation 21 para.
38 was to the effect that provisions such as those of s 22(1) of the Marriage Act, which provided
for different ages for marriage for girls and boys, assumed incorrectly that girls have a different
rate of intellectual development from boys or that their stage of physical and intellectual
development at marriage was immaterial. The Committee recommended that these provisions
be abolished.
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