B. Definition of the child
14. The Committee is highly concerned by the variation that exists in national laws on
the definition of the child. Though the Civil Law defines a child as a person aged
between 0 and 18 years, the same law provides that the girl child aged 15 or above
can marry. The Committee also noted that under the same law a guardian can give
a girl who reached age of puberty for marriage while age of puberty is set at 14
years old. Moreover, the State Party report indicates that the age of majority varies
from one situation to another and states that the social majority is set at the age of
16 years. The Committee is convinced that the provision on ‘age of majority’ can be
broadly interpreted prejudicing the best interest of children. Therefore, the
Committee urges the Government of Gabon to harmonize the Civil Law and other
laws in line with the definition of the child under article 2 of the Charter.
15. Furthermore, the Committee urges the State Party to comply with article 21 (2) of
the African Children’s Charter which set the minimum age of marriage for both boys
and girls at the age of 18 years.
C. General principles
Non-discrimination
16. The Committee regrets that the provisions of the Civil Law which set the minimum
age of marriage for the girl child is at the age of 15 years discriminating the girl child
from the boy child. Therefore, the Committee urges the State Party to ensure
through legislative action and implementation of the African Children’s Charter that
the girl child is not discriminated on the basis of sex or any other status.
17. Moreover, commending previous efforts, the Committee recommends the State
Party to ensure the application of the principle of non-discrimination in all
administrative and judicial actions to all children irrespective of their parents’ or
guardians’ origin, ethnic group, color, sex, language, religion, political or other
opinion, national or social origin, fortune, birth or other status.
The Best Interest of the Child
18. Commending existing legal and administrative frameworks to respect, protect and
promote, the best interest of the child, the Committee recommends the State Party
to supervise and monitor the full application of this principle as paramount principle
in all administrative and judicial decisions that affect children and particularly in case
of issuing maintenance and custody.