Judgment No. CCZ 12/2015 35 Const. Application No. 79/14 irrespective of whether the treaty provisions are specific or general since gender equality will be the standard against which violations will be measured.” It is, however, accepted by the critics that notwithstanding its shortcomings the CRC, as it stands, is in many ways a milestone in child and human rights. It was after the CRC guaranteed specific “Rights of the Child” that child marriage could be viewed as a social evil in terms of its consequences on the girl–child. Study after study began to define child marriage as marriage of “a child” as defined under Article 1 of the CRC. The studies showed how child marriage infringed the fundamental rights of the girl–child guaranteed by the CRC particularly; the right to education; the right to be protected from all forms of physical or mental violence, injury or abuse, including sexual abuse; the right to be protected from all forms of sexual exploitation; the right to the enjoyment of the highest attainable standard of health; the right to educational and vocational information and guidance; the right to seek, receive and impart information and ideas; the right to rest and leisure and to participate freely in cultural life; the right not to be separated from parents against their will and the right to protection against all forms of exploitation affecting any aspect of the child’s welfare. In 1990 the African Charter on the Rights and the Welfare of the Child (1990) came into force. Article 21 is significant enough to repeat here: “Article 21. Protection against Harmful Social and Cultural Practices: 1. States Parties to the present Charter shall take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child and in particular: (a) Those customs and practices prejudicial to the health or life of the child; and (b) Those customs and practices discriminatory to the child on the grounds of sex or other status. 2. Child marriage and the betrothal of girls and boys shall be prohibited and effective action including legislation, shall be taken to specify the minimum age of marriage