sexual health and human rights in the african region - The ICHRP

invariably requires parental consent. Sixteen years is the average minimum age
for marriage with parental consent. Tanzania with 15 years of age as the age of
consent for girls, illustrates a minimum age which is below the average age.
[59] The customary law of African countries does not prescribe a minimum age for
marriage. Though customary law requires consent of the parties to the marriage,
it creates opportunities for coercion as evidenced by early/child marriages
mainly though the practice of parents arranging marriages for their children
regardless of their wishes.
[59] Islamic Shari’ah does not prescribe the minimum age for marriage. Though
Islamic Shari’ah marriage law requires the consent of the parties to the marriage,
it creates opportunities for coercion in the same way as customary law.
[60] African customary laws and Islamic Shari’ah of countries in the region are
decidedly patriarchal in orientation. They entrench gender inequality by
envisaging a subordinate role for women, including in respect of decisionmaking
about entry into marriage and power relations within marriage.
[61] Customary and religious laws and practices of African countries create space for
coercing children into marriage and facilitating children into becoming sexual
partners and mothers at a premature age violate multiple human rights,
including the rights to liberty and self-determination, including sexual
autonomy, dignity, freedom from inhuman an degrading treatment, health, life,
and education. Early/child marriages are responsible for serious health and
psychological consequences, including deaths and disability among children.
[62] African jurisdictions have an obligation to bring the current operation and
application of their customary and Islamic Shar’iah laws and practices into line
with the obligations that they have assumed under United Nation and regional
treaties, including the Women’s Convention and the African. Women’s Protocol.
In particular, Articles 2(f) and 5(a) and 16 of the Women’s Convention, and
article 2, 5 and 6 of the African Women’s Protocol require African countries that
have ratified these instruments to take appropriate steps to render customary
practices that violate the right to choose whether to marry, and are
discriminatory on the grounds of gender as well as patently harmful to physical
and mental health.
[63] Criminalization of adultery especially under Islamic Shar’iah where stoning by
death is permitted negates human rights is a stark manner.
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