African Court on Human and Peoples’ Rights Rules Mali Violated the Maputo Protocol (May 11, 2018) [1]
On May 11, 2018, the African Court on Human and Peoples’ Rights ruled [3] in APDF & IHRDA v. Republic of Mali that certain provisions of the Malian Persons and Family Code were inconsistent with provisions of the Protocol to African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol). The Institute for Human Rights and Development in Africa (IHRDA) and Malian partner Association pour le Progrès et la Défense des Droits des Femmes (APDF) filed the case, arguing that Mali’s Persons and Family Code violated the Maputo Protocol in regard to provisions concerning the minimum age of marriage for girls, forced marriage, the right to inheritance, and eliminating traditional practices that undermine the rights of women and children. The Court found that these provisions of the Code was inconsistent with the Maputo Protocol, as well as the African Charter on the Rights and Welfare of the Child and the UN Convention on the Elimination of all forms of Discrimination against Women. This is the first case where the Court has ruled on an issue concerning the Maputo Protocol.