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
Select target paragraph3
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