Miscellaneous Civil Cause No 5 of 2016
Tanzania, High Court of Tanzania at Dar es Salaam

Miscellaneous Civil Cause No 5 of 2016

DATE 08-07-2016

Judges:

Ama-Isario Ataulwa Munisi

Ama-Isario Ataulwa Munisi

Shabani Ally Lila

Shabani Ally Lila

Sekieti Suleiman Said Kihiyo

Sekieti Suleiman Said Kihiyo

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Topics:

Adolescents and girl child Marital Status Intersectional Discrimination

Related standards:

Article 6

RELATED STANDARDS

Article 6

States Parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage. They shall enact appropriate national legislative measures to guarantee that: 


a) no marriage shall take place without the free and full consent of both parties;


b) the minimum age of marriage for women shall be 18 years;

Article 21 Protection against Harmful Social and Cultural Practices

RELATED STANDARDS

Article 21 Protection against Harmful Social and Cultural Practices

1. State Parties to the present Charter shall take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child and in particular:

    a) those customs and practices prejudicial to the health or life of the child; and

    b) those customs and practices discriminatory to the child on the grounds of sex or other status.

2. Child marriage and the betrothal of girls and boys shall be prohibited and effective action, including legislation, shall be taken to specify the minimum age of marriage to be 18 years and make registration of all marriages in an official registry compulsory.

Article 13

RELATED STANDARDS

Article 13

Minimum age 

(1) No person shall marry who, being male, has not attained the apparent age of eighteen years or, being female, has not attained the apparent age of fifteen years. 

(2) Notwithstanding the provisions of subsection (1), the court shall, in its discretion, have power, on application, to give leave for a marriage where the parties are, or either of them is, below the ages prescribed in subsection (2) if–

     (a) each party has attained the age of fourteen years; and 

    (b) the court is satisfied that there are special circumstances which make the proposed marriage desirable. 

(3) A person who has not attained the apparent age of eighteen years or fifteen years, as the case may be, and in respect of whom the leave of the court has not been obtained under subsection 

(4), shall be said to be below the minimum age for marriage.

Article 17

RELATED STANDARDS

Article 17

Requirement of consent 

(1) A female who has not attained the apparent age of eighteen years shall be required, before marrying, to obtain the consent– 

    a) of her father; or 

     (b) if her father is dead, of her mother; or 

     (c) if both her father and mother are dead, of the person who is her guardian, but in any other case, or if all those persons are dead, shall no require     consent.

(2) Where the court is satisfied that the consent of any person to a proposed marriage is being withheld unreasonably or that it is impracticable to obtain such consent, the court may, on application, give consent and such consent shall have the same effect as if it had been given by the person whose consent is required by subsection (1).

(3) Where a marriage is contracted in Islamic form or in accordance with the rites of any specified religion or in accordance with the customary law rites, it shall be lawful for the kadhi, minister of religion or the registrar, as the case may be, to refuse to perform the ceremony if any requirement of the relevant religion or person other than a person mentioned in subsection (1) has not been complied with: Provided that nothing in this subsection shall be construed as empowering the kadhi, minister of religion or registrar to dispense with any requirement of subsection (1).

WHY IT MATTERS:

Available in Spanish.

Available in Spanish.

Decision available here.

Available in Spanish.

Available in Spanish.

Available in Spanish.

Related decisions:

Judgment No. CCZ 12/2015
Zimbabwe, 20-01-2016

Judgment No. CCZ 12/2015

Constitutional Court

By using contemporary human rights instruments, and identifying reports and articles that demonstrate the consequences of early marriage for girl children, the Constitutional Court of Zimbabwe sets the minimum age to marry to 18 years of age....

See more »
González Carreño v. Spain, Communication No. 47/2012
Spain, 16-07-2014

González Carreño v. Spain, Communication No. 47/2012

Committee on the Elimination of All Forms of Discrimination Against Women

Ángela González Carreño (“the author”) was in an abusive relationship with her partner for many years. They had one daughter together named Andrea. Even when she initiated separation and divorce proceedings,...
See more »
O’Keeffe v. Ireland
Ireland, 28-01-2014

O’Keeffe v. Ireland

European Court of Human Rights

O’Keeffe v. Ireland examines state responsibility for sexual abuse in a state-supported parochial school in Ireland. The petitioner, O’Keeffe, alleged that the Irish State failed to protect her from abuse in violation of Articles 3, 8, 13,...

See more »

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