262.As a general rule, only persons who are 18 or older may get married in terms of
Article 30 (1) (a) of the Family Law. As an exception to the rule, people who are
16 or older may get married in the public interest and in the interest of the family,
provided there is mutual consent from parents and legal representatives.
263.An important gain associated with the approval of the Family Law in
Mozambique has been the recognition of religious and traditional marriages,
putting them on an equal footing with civil law marriages as long as the legal
requirements provided under Article 16 are complied with. Another important
gain stemming from the approval of this law has been the recognition of common
law marriages. Common law marriages entail maternity and paternity as well as
property rights. In terms of Article 13 of the Family Law, the community
property regime shall apply upon divorce.
264.The biggest challenge in this field is the sensitization of individuals, particularly
women, about the laws protecting their rights so as to gradually do away with
negative cultural practices which disregard their rights.
a) Rights of Women
265.In terms of Article 36 of the CRM, “Men and women shall be equal before the
law in every facet of political, economic, social and cultural life”.
266.Article 122 of the CRM says: “1. The State shall promote, support and enhance
the development of women, and encourage their increasing role in society, in
every facet of the country’s political, economic, social and cultural life. 2. The
State shall recognize and enhance the participation of women in the
independence struggle, defense of sovereignty and democracy.”
267.As mentioned when addressing the principle of equality, Mozambique has taken
a number of important initiatives aimed at achieving gender equality in the midst
of continued discrimination against women. There have been institutional
developments, and the drafting and enactment of bills, policies and action plans,
among others.
268.It is worth mentioning that efforts have been made to do away with domestic
violence against women.
269.As stated earlier, in 2009 the government approved a bill against domestic
violence. In partnership with civil society organizations, the government
launched a vigorous public campaign to promote the bill through the media and
by means of workshops. The aim was to educate and sensitize the public about
domestic violence, especially gender-based violence, and the provisions of the
law.
270.In addition to the Law on Domestic Violence Against Women, the key gains
which have been achieved in the prevention and curbing of gender-based
violence include the adoption of the National Plan for the Prevention and
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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