Judgment No. CCZ 12/2015 36
Const. Application No. 79/14
to be 18 years and make registration of all marriages in an official registry
compulsory.”
In clear and unambiguous language, Article 21 of the ACRWC imposed on
States Parties, including Zimbabwe, an obligation which they voluntarily undertook, to take all
appropriate measures to eliminate harmful social and cultural practices affecting the welfare,
dignity, normal growth and development of the child. The Charter goes on to specifically target
child marriage as such a harmful social and cultural practice affecting the welfare, dignity,
normal growth and development of the child particularly the girl–child. The States Parties are
placed under a positive obligation to take effective measures, including legislation, to specify
the age of eighteen years as the minimum age for marriage. They are obliged to abolish child
marriage.
Article 21(2) of the ACRWC avoided the omissions and exceptions that the
other conventions on human rights relating to marriage had permitted States Parties to exploit
through local laws that authorised child marriage.
Commenting on the provisions of Article 21(2) of the ACRWC, Elizabeth
Warner in the article already referred to had this to say at p 257:
“This is the most explicit provision of any of the international treaties discussed herein.
It unequivocally sets the minimum age of marriage at eighteen and brooks no exception
for local religious or other cultural practices, nor does it allow for exceptions based
upon the consent of a local authority or the parents or guardians of the children
concerned. An Oxfam report optimistically states that this law is a reflection of changes
in attitudes toward child marriages in recent years. The only drawback to this
convention is that there are not more States that are parties to it. Again one longs for
the ability to insert this provision into the CRC and the Marriages Convention where it
so clearly belongs.”
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