Judgment No. CCZ 12/2015 27 Const. Application No. 79/14 international community of which Zimbabwe is a party, on the position of the child in society and his or her rights. Section 78(1), as read with s 81(1) of the Constitution, testifies to the fact that Zimbabwe is a signatory to the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). By signing these documents Zimbabwe expressed its commitment to take all appropriate measures, including legislative, to protect and enforce the rights of the child as enshrined in the relevant conventions to ensure that they are enjoyed in practice. Section 78(1) as read with s 81(1) of the Constitution must be interpreted progressively. Child marriage is defined by the United Nations Children’s Fund (UNICEF)(2011) Child Protection from Violence, Exploitation and Abuse Report as “a formal marriage or informal union before age 18”. The term “child marriage” covers marriages of persons under the age of 18 years. The minimum age of marriage was prescribed by the Committee on the Convention on the Elimination of All Forms of Discrimination against Women (1979) (CEDAW Committee) to be 18 years. This was a result of the definition of “child” by Article 1 of the CRC which came into force on 2 September 1990. Article 1 of CRC defines “a child” to mean “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”. Section 22(1) of the Marriage Act was enacted in 1965 as a response to omissions and exceptions that existed in the international human rights provisions on the protection of children that existed at the time. The provisions that existed at the time were found in Article 16 of the Universal Declaration of Human Rights (UDHR) and the Convention

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