Sunday, October 18, 2015

Marriage in Africa


States Parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage. They shall enact appropriate national legislative measures to guarantee that:
a) no marriage shall take place without the free and full consent of both parties;
b) the minimum age of marriage for women shall be 18 years;
c) monogamy is encouraged as the preferred form of marriage and that the rights of women in marriage and family, including in polygamous marital relationships are promoted and protected;
d) every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognised;
e) the husband and wife shall, by mutual agreement, choose their matrimonial regime and place of residence;
f) a married woman shall have the right to retain her maiden name, to use it as she pleases, jointly or separately with her husband's surname;
g) a woman shall have the right to retain her nationality or to acquire the nationality of her husband;
h) a woman and a man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation or is contrary to national security interests;
i) a woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children;
j) during her marriage, a woman shall have the right to acquire her own property and to administer and manage it freely.

PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA

http://www.au.int/en/sites/default/files/Protocol%20on%20the%20Rights%20of%20Women.pdf

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