The joint general comment elaborates on the nature of State Party obligations that arise from Article 6 (b) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and Article 21 (2) the African Charter on the Rights and Welfare of the Child. It expounds upon the underlying principles of interpretation that serve as a lens through which the relevant provisions of the aforementioned instruments should be understood. It further describes legislative, institutional and other measures that should be taken by States Parties to give effect to the prohibition of child marriage and to protect the rights of those at risk or affected by child marriage.

The scope of the general comment covers children in child marriages, children at risk of child marriage and women who were married before the age of 18. The document gives guidance to governments, csos, igos, child protection clusters, practitioners, individuals and groups in any effort towards the elimination of child marriage and protection of children in this context.

The joint comments includes a section (IV) on state obligations which stipulates that states must adopt institutional measures around education. In particular, it requests states parties  to "put in place measures to retain all children but especially girls in school and to raise awareness about the importance of their education." Policies states must adopt include measures to encourage pregnant girls to keep attending or returning to school. 

 

Year of publication: 
2017
Author(s): 
African Commission on Human and Peoples’ Rights (ACHPR) and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC)
Publisher(s): 
Commission africaine des droits de l'Homme et Comité africain d'experts sur les droits et le bien-être de l'enfant
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