11. The Committee recommends that the State Party devise a more inclusive
and participatory process to involve CSOs in the development and
implementation of policies, laws, budgets and programs, that affect the
realization of children’s rights.
B. Definition of the child
12. The Committee remains concerned that article 111 of the Family Code
reduces the minimum age of marriage for female to 16, while retaining 18 for
male, and that article 300 of the Penal Code legalizes customary marriage
and sexual relations for girls aged 13 or above. These legislations
contravene the provision of the African Children’s Charter, which considers
a “child” as every human being under the age of 18.
13. The Committee recommends the Government of Senegal to review all
legislations that are not consistent with Article 2 of the African Children’s
Charter, including article 111 of the Family Code and article 300 of the Penal
Code in order to raise the minimum age for marriage to 18 years of age both
for boys and girls, and to take all necessary measures to eliminate child
marriages and other cultural practices which are contrary to the provisions of
the African Children’s Charter.
C. General principles
Non-Discrimination
14. While appreciating the legislative measures taken and being taken by the
Government of Senegal to accommodate the principle of non-discrimination
in the constitutional, legislative and policy framework of the State party, the
Committee notes with concern that discriminatory laws, attitudes and
practices against certain groups of children are still persisted in the country,
particularly against girls, children in street situations and talibés, children
with disabilities, geographically marginalized children, and children infected
and/or affected by HIV/AIDS. Thus, the Committee recommends the
Government of Senegal to:
a) Revise all its national laws and policies, including the Family, and Penal
Codes, to bring them into conformity with article 2 of the African Children’s
Charter, and ensure their effective implementation;
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