Zimbabwe’s Supreme Court has just ruled against an archaic interpretation of law allowing only fathers to apply for their children’s passports. While clearly a victory for women’s rights — granting mothers equal parental authority in securing travel documents — the basis of the ruling was that the previous practice infringed upon the child’s freedom of movement.

Welcome Baby by Agnes Nyanhongo, Zimbabwe (cc) richmanwisco

In Nigeria, the marriage of Senator Sani Ahmed Yerima to a 13-year old Egyptian girl has also raised controversy, pitting those prioritizing Yarima’s right to privacy and to practice his religion (notwithstanding the debate as to whether his religion actually allows for such a marriage) against advocates for women’s and children’s rights.  UN officials commenting on the case spoke out against the marriage, noting that it was “in contradiction to the Convention on the Rights of the Child.”

In both cases, the normative positions for women’s rights are clear, and certainly not silent, but the formal arguments seem to overlook this position solely in favor of children’s rights.

Both Nigeria and Zimbabwe have ratified CEDAW, the Convention on the Elimination of All Forms of Discrimination against Women, without reservations. Article 16 of CEDAW on Marriage and Family Life explicitly addresses both:

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

…
(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
…

2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

With political debate and judicial rulings demonstrating a willingness to adhere to constitutional/international human rights norms when it comes to children, the failure to invoke similar standards supporting women’s rights speaks loudly.  The rights of women and children are not mutually exclusive, so why not both?

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