apdf and another c republique du mali requete n 0462016 2018 afchpr 9 11 mai 2018

apdf and another c republique du mali requete n 0462016 2018 afchpr 9 11 mai 2018

Mali's Family Code, by setting the minimum marriage age for girls below 18, allowing exceptions, failing to guarantee consent in religious marriages, and perpetuating discriminatory succession rules, violates Mali's obligations under the Protocol of Maputo, CEDAW, and the African Charter on the Rights and Welfare of...

Source-derived case information.

Citation
apdf and another c republique du mali requete n 0462016 2018 afchpr 9 11 mai 2018
Parties
Applicant: Association pour le progrès et la défense des droits des femmes maliennes (APDF); Applicant: Institute for Human Rights and Development in Africa (IHRDA); Respondent: République du Mali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Contentious Application / Final Judgment
Outcome
application allowed; violations found
Legal Topics
Child Marriage, Women's Rights, Succession/inheritance, Discrimination, Customary Law, Religious Law, Right to Consent in Marriage
Source Language
en
Human Rights Law Family Law International Law Child Marriage Women's Rights Succession/inheritance Discrimination Customary Law +2 more

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Parties

Association pour le progrès et la défense des droits des femmes maliennes (APDF)

Applicant

Institute for Human Rights and Development in Africa (IHRDA)

Applicant

République du Mali

Respondent

Procedural Posture

Contentious Application / Final Judgment

  1. 1 Whether Mali's Family Code violates international obligations regarding minimum age of marriage for girls
  2. 2 Whether the Code fails to guarantee free and full consent to marriage
  3. 3 Whether the Code discriminates against women and natural children in matters of succession

Ratio Decidendi

Mali's Family Code, by setting the minimum marriage age for girls below 18, allowing exceptions, failing to guarantee consent in religious marriages, and perpetuating discriminatory succession rules, violates Mali's obligations under the Protocol of Maputo, CEDAW, and the African Charter on the Rights and Welfare of the Child. The Court found no effective domestic remedies were available to the applicants and rejected all procedural objections.

Court Disposition

application allowed; violations found

Orders

  • Mali must amend its Family Code to set the minimum marriage age at 18 for girls and boys, without exceptions.
  • Mali must eliminate provisions allowing marriage without full and free consent, including in religious ceremonies.