13. 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
14. The Committee welcomes the Constitutional guarantee for equality of everyone
and non-discrimination. However, the Committee noted that there are instances on
the ground whereby the girl child and women face discrimination particularly in
cases of succession. Therefore, 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
15. The Committee noted that the guardian of a minor is a father while a mother can be
a guardian upon the death of the father. The Committee is concerned that this
provision of the Family Law undermines the best interest of the child in making
decision on custody of children. Therefore, the Committee recommends the State
Party to revise this provision making both parents the guardian of a minor. Moreover,
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 orders.
The Right to Life, Survival and Development
16. While appreciating the efforts of the State Party in reducing and controlling maternal
and child mortality, the Committee recommends the State Party to continue its
efforts to ensure universal access for pre natal and neonatal health services
throughout the country; promote exclusive breast feeding for the first six months and
strictly regulate commercials of supplementary products; and in collaboration with
CSOs to ensure the provision of micronutrient products in regions where there is
moderate and acute malnutrition. To this effect, the Committee recommends the
State Party to make reference to the African Union Regional Nutrition Strategy
(2015-2025).
17. Furthermore, the Committee noted with concern reports that a threat posed on the
life of single mothers and girls as a result of sexual assault and violence. Therefore,