(b) those customs and practices discriminatory to the child on the grounds of sex or other status.
2. Child marriage and the betrothal of girls and boys shall be prohibited and effective action, including legislation,
shall be taken to specify the minimum age of marriage to be 18 years and make registration of all marriages in an
official registry compulsory.
137. There is general consensus that the rights captured under these Articles are sufficiently
covered by the broad provisions of the Constitution. The Commission that developed the
CCPJA indicates that upon consideration of the provisions of the Constitution, the
Commission was convinced that there was no need for specific legislation covering what
had already and sufficiently covered.
138. The emerging challenge regarding the rights have arisen with respect to the potential and
actual conflict between religion and public health regarding the refusal of some parents to
have children vaccinated or treated medically on account of religious beliefs.
139. The CCPJA has identified a number of practices as undesirable. These include abduction,
trafficking, forced marriage and betrothal, pledging children as security and other harmful
cultural practices. These practices are punishable by prison terms ranging from 10 years to
life imprisonment.
140. As such, although the participation in cultural, traditional or customary practices is
enshrined by the Constitution, the restrictions on practices which are harmful to children is
provided for by law and is admittedly a limitation, albeit a legal one, on the enjoyment of
cultural and social rights.
Article 22: Armed Conflicts
1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international
humanitarian law applicable in armed conflicts which affect the child.
2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct
part in hostilities and refrain in particular, from recruiting any child.
3. States Parties to the present Charter shall, in accordance with their obligations under international
humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure
the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in
situations of internal armed conflicts, tension and strife.
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