Association pour le Progrès et la Défense des Droits des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v. Republic of Mali

Abstract

Human rights — Rights of women — Rights of the child — Religious and customary law — Minimum age for marriage of girls — Right to consent to marriage — Right to inheritance for women and children born out of wedlock — Right to non-discrimination for women and children — States’ obligation to eliminate traditional and cultural practices harmful to rights of women and children — Whether Mali’s Law No 2011-087 on Code of Persons and the Family violating international human rights instruments ratified by respondent State

Relationship of international law and municipal law — Treaties — Human rights treaties — Articles 2(2), 6(a) and (b), and 21(2) of Protocol to African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2003 — Articles 1(3), 2, 3, 4 and 21 of African Charter on the Rights and Welfare of the Child, 1990 — Articles 5(a), 16(1) (a) and (b) of Convention on the Elimination of All Forms of Discrimination against Women, 1979 — Malian law — Religious and customary law — Islamic law — Whether Mali’s Law No 2011-087 on Code of Persons and the Family violating international human rights instruments ratified by respondent State

International tribunals — Jurisdiction — African Court on Human and Peoples’ Rights — Material jurisdiction — Whether case relating to violation of human rights under African Charter on Human and Peoples’ Rights, 1981 — Admissibility of application — Exhaustion of local remedies — Whether application filed within reasonable time — Whether Court having jurisdiction to hear case