The paper aims at highlighting the main contents and features of the decision Association pour le Progrèset la Défense des Droits des Femmes Maliennes et al v.Republic of Mali of the African Court on Human and Peoples’ Rights. The two NGOs asked the Court on the basis of the non-compliance of the Family Code with international human rights standards, requesting the Court for eliminating those provisions which created prejudice towards women and children.The alleged violation concerned the establishment of the minimum age for girls’ marriage at 16, the right to consent to marriage, the right to inheritance for women and children born out of wedlock and the continuation of practices or traditions harmful towards women and children.The Republic of Mali contested each allegation and raised a series of preliminary objections, which were discarded by the Court. The State, in order to justify the promulgation of the Family Code, claimed that it was forced to adopt this law due to ‘force majeure’.It claimed that the adoption of theprevious Family Code in 2009, which was considered more legally advanced, caused protests and social unrest of Islamic movements which did not agree with some provisions considered not aligned with their customary laws and traditions.The Court ascertained that such violations constituted a serious breach of the international human rights law treaties ratified by the Republic of Mali and that the State had to amend its legislation respecting the obligation related to the respect of the rights of women, girls and children.

Advancing protection for the rights of women and children in Mali: the ruling of the african court of human and peoples’ rights against the provisions of the family code / Giacomini, Giada. - In: FEDERALISMI.IT. - ISSN 1826-3534. - ELETTRONICO. - 2/2018(2018).

Advancing protection for the rights of women and children in Mali: the ruling of the african court of human and peoples’ rights against the provisions of the family code

giada giacomini
2018

Abstract

The paper aims at highlighting the main contents and features of the decision Association pour le Progrèset la Défense des Droits des Femmes Maliennes et al v.Republic of Mali of the African Court on Human and Peoples’ Rights. The two NGOs asked the Court on the basis of the non-compliance of the Family Code with international human rights standards, requesting the Court for eliminating those provisions which created prejudice towards women and children.The alleged violation concerned the establishment of the minimum age for girls’ marriage at 16, the right to consent to marriage, the right to inheritance for women and children born out of wedlock and the continuation of practices or traditions harmful towards women and children.The Republic of Mali contested each allegation and raised a series of preliminary objections, which were discarded by the Court. The State, in order to justify the promulgation of the Family Code, claimed that it was forced to adopt this law due to ‘force majeure’.It claimed that the adoption of theprevious Family Code in 2009, which was considered more legally advanced, caused protests and social unrest of Islamic movements which did not agree with some provisions considered not aligned with their customary laws and traditions.The Court ascertained that such violations constituted a serious breach of the international human rights law treaties ratified by the Republic of Mali and that the State had to amend its legislation respecting the obligation related to the respect of the rights of women, girls and children.
2018
human rights; african court on human and peoples' rights; mali; women's rights; children's rights
01 Pubblicazione su rivista::01a Articolo in rivista
Advancing protection for the rights of women and children in Mali: the ruling of the african court of human and peoples’ rights against the provisions of the family code / Giacomini, Giada. - In: FEDERALISMI.IT. - ISSN 1826-3534. - ELETTRONICO. - 2/2018(2018).
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/1128286
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