B. Definition of a child
11. The Committee applauds the State Party for the definition of the child it has
adopted under its Constitution, the Family Law and Basic Law on the Protection
of the Child. The Committee, however, is concerned about the various remaining
laws which provide for a definition of the child which is not in agreement with the
Charter.
12. The Committee recognizes that the minimum age for marriage in the country is
below 18 in some circumstances,which is in clear contradiction with the Charter
as it provides for the minimum age of marriage to be 18 with no exception. The
Committee thus requests the State Party to harmonize its customary and
religious laws, policies and practices and to set the minimum age of marriage to
be 18 in all circumstances in accordance with Articles 2 and 21 of the Charter
and also to put mechanisms in place to reduce the incidence of child marriage.
C. General principles
Non-discrimination
13. The Committee urges the State Party to improve and promote laws and policies
that promote equality of children in general and particularly in relation to girls,
children with disabilities, and children from marginalized groups.
The best interests of the Child
14. The Committee appreciates the inclusion of the principle of the best interests of
the child in its Constitution and recommends the State Party to fully apply this
principle in accordance with the provisions of the Charter. There should be a
clear provision which prioritizes the best interest of the child as overriding other
interests in all matters that affect the lives of children.
Survival and Development
15. It has been reported that malnutrition among children reached 44% in
Mozambique. The Committee calls upon the State Party to take appropriate
measures such as providing and promoting adequate nutrition like exclusive and
continued breastfeeding, and providing nutrient-dense, complementary foods for
children starting at the age of six months.
16. The Committee also recommends the State Party to put in place all the
necessary measures in all settings to protect children from violence that affects
their right to life, survival and development.
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