REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA Harmful cultural practices 363. Harmful practices, which negatively affect the fundamental rights of women and girls, are more fully discussed in Part B of this report. Harmful cultural practices are expressly prohibited in South Africa. In this regard, the Equality Act, section 8 (d), stipulates that unfair discrimination on the ground of gender includes “any practice, including traditional, customary or religious practice, which impairs the dignity of women and undermines equality between women and men, including the undermining of the dignity and well-being of the girl child.” 364. “Ukuthwala” is a form of abduction that involves kidnapping a girl or a young woman by a man and his friends or peers with the intention of compelling the girl or young woman’s family to endorse marriage negotiations. Ukuthwala was traditionally intended for people of the same age group who, in the normal course of events, would have been expected to marry each other and never intended to apply to minor children. However, forced marriage of girls as young as 12 to adult men, is still practiced in some remote villages in in the country. In most circumstances, victims maintain silent acceptance and tolerance of the practice. 365. The Commission for Gender Equality commissioned a study on “Ukuthwala in KwaZuluNatal: an investigation into state prevention and responses” in 2012. The CGE in its concluding remarks commended the Office of the Premier for initiating research into the extent of harmful traditional practices in the province, as well as the Department of Social Development’s outreach and awareness interventions, including their response to individual cases and support for victims of Ukuthwala. The CGE also acknowledged the positive measures put in place by the Department of Education and commend Provincial Cabinet Leadership for its endeavours in calling for collaboration between departments and civil society organizations to support children at risk. Article 18: Right to protection of family, women, children and the disabled (including the right to housing and social security) 207 366. The equality clause in the Constitution expressly mentions marital status as one of listed grounds upon which unfair discrimination is prohibited. The DSD’s White Paper on Families in South Africa207 provides that along with the economy, polity and education, the family is universally viewed as one of the essential sectors without which no society can function. The family influences the way society is structured, organised, and functions. 367. The solemnisation and registration of civil marriages, customary marriages and civil unions are managed by the Department of Home Affairs. Civil marriages are governed by October 2012 104