[2018] AfCHPR 9

[2018] AfCHPR 9

The Court found that Mali's Family Code violates international human rights obligations by setting the minimum age of marriage for girls below 18 and allowing exemptions for even younger ages, contrary to the Maputo Protocol and the African Charter on the Rights and Welfare of the Child. The law fails to guarantee free and full consent to marriage, particularly in religious ceremonies, as it does not require religious ministers to verify consent or provide sanctions for non-compliance, violating the Maputo Protocol and CEDAW. The inheritance regime, which defaults to religious or customary law in the absence of a will, results in discrimination against women and children born out of...

Citation
[2018] AfCHPR 9
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: Republic of Mali
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
11 May 2018
Case Number
Application No. 046/2016
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application allowed; violations found; orders issued for legislative amendment and compliance with international obligations.
Legal Topics
Minimum Age of Marriage, Consent to Marriage, Inheritance Rights, Discrimination Against Women, Rights of Children Born Out of Wedlock, Harmful Traditional Practices
Source Language
English
Family and Children Constitutional Law Civil Procedure Minimum Age of Marriage Consent to Marriage Inheritance Rights Discrimination Against Women Rights of Children Born Out of Wedlock +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2
Sign in to unlock

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

Republic of Mali

Respondent

Procedural Posture

Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the Family Code of Mali violates international obligations regarding the minimum age of marriage for girls.
  2. 2 Whether the law fails to guarantee free and full consent to marriage, particularly in religious ceremonies.
  3. 3 Whether the inheritance regime under the Family Code discriminates against women and children born out of wedlock.

Ratio Decidendi

The Court found that Mali's Family Code violates international human rights obligations by setting the minimum age of marriage for girls below 18 and allowing exemptions for even younger ages, contrary to the Maputo Protocol and the African Charter on the Rights and Welfare of the Child. The law fails to guarantee free and full consent to marriage, particularly in religious ceremonies, as it does not require religious ministers to verify consent or provide sanctions for non-compliance, violating the Maputo Protocol and CEDAW. The inheritance regime, which defaults to religious or customary law in the absence of a will, results in discrimination against women and children born out of...

Court Disposition

Application allowed; violations found; orders issued for legislative amendment and compliance with international obligations.

Orders

  • The objection to the Court’s jurisdiction is dismissed.
  • The Court has jurisdiction to hear the case.