children already in marriages using a human rights based approach. The
following are Parts of the Model Law:
Preamble;
Part I Preliminary Provisions;
Part II Restatement of Rights and Concepts Relating to the Child,
Policies, Measures and Interventions;
Part III Prohibition of Betrothals and Child Marriage;
Part IV Measures and Intervention to Prevent Child Marriage;
Part V Measures and Interventions to Mitigate the Effects of Child
Marriage;
Part VI Access to Data and Information, Public Awareness, Monitory
and Evaluation; and
Part VII General Provisions, Offences and Enforcement.
These Parts are based on well researched best practices contained in a
variety of documents/articles and literature on child betrothals, child
marriage and children already in marriage by UN bodies and renowned
authors on the subject, see the Position Paper for an outline on the
documents used and their authors.
The following is a brief narration on the key sections of the Parts and what
role they play in the Model Law, why the need to have them in the Model Law
and how a drafter can use the content to draft national legislation which
conforms to the style, form and structure of national legislation.
5.1
Preamble
The preamble to the Model Law is meant to assist Member States put in
context the issues and concerns relating to child marriage. The preamble
outlines the underlining human rights basis of the law and the commitments
that Member States of SADC have already made at regional, continental and
international levels on child rights and eradication of child marriage. The
preamble also expresses the concerns of SADC PF on the issue of child
marriage, despite the various conventions on the rights of the child. SADC
PF’s policy position is clearly articulated in the preamble.
The context of the preamble sets the stage for the substantive provisions in
the Model Law. The Scheduled international human rights instruments will
help the legislative drafter identify the instruments for purposes of
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