Adolescent Reproductive Health, Including HIV/AIDS

On 24 June 2002, the Republic of Mali adopted Law No. 02-44 on Reproductive Health,
which came into effect in December 2002. The law incorporates the definition of
“reproductive health” affirmed in Article 7.2 of the Cairo Programme of Action. Citing the
needs of “vulnerable groups” such as women, children and young adults, the law states that theaim of reproductive health care is to reduce maternal and child mortality and morbidity andpromote the well-being of all individuals. The law affirms the equality of men and women in matters of sexual and reproductive health, and that men and women have equal rights to information and access to the family planning methods of their choice. The law provides that any individual or couple has the right to reproductive health services that are of the best possible quality. In particular, it ensures the rights of women to health care during pregnancy and childbirth aimed at preserving the health of the pregnant woman and the newborn. The law lists the components of reproductive health care, which include: services and activities related to family planning; information and counselling on sexual health and responsible parenthood; care for safe pregnancy and childbirth; services to promote infant survival; prevention and treatment of sterility, infertility and impotence; prevention and treatment of reproductive tract infections; treatment of genital disorders; treatment of complications of female genital mutilation; reproductive health care for older adults and young people; and treatment and prevention of sexually transmissible infections (STIs) and HIV/AIDS.

The law pledges special care to those living with HIV/AIDS, but calls upon them to inform
their partners and take measures to avoid its transmission. It further provides for criminal
penalties for individuals who intentionally transmit HIV. The law affirms the legality of
manufacturing, importing, selling and publicizing approved contraceptive methods, while
setting penalties for the sale and promotion of non-approved methods.

Girl’s Education

The Constitution recognizes the right to education. It states: “Every citizen has the right to
education. Public education is compulsory, free, and secular.” Public education and primary
education up to the age of 12 is compulsory. Policies related to sexual and reproductive matters are aimed at educating adolescents about the dangers of early and unwanted pregnancy. Population issues have been introduced into the school curricula, as early as pre-school.

Labour and Employment

The Labour Code has specific policies that pertain to child labour; however, these regulations often are ignored in practice. The Labour Code permits children between the ages of 12 and 14 to work up to 2 hours per day during school vacations with parental approval. Children between the ages of 14 and 16 may work up to 4½ hours per day with the permission of a labour inspector, but not during nights, on Sundays, or on holidays.

Trafficking of persons is prohibited and punishable by penalties stipulated in the Penal Code. In August 2001, a new law was promulgated that made child trafficking punishable by 5-20 years in prison.

Gender Issues

The 1991 National Population Policy Statement aims at developing laws to protect children
against all forms of exploitation and combating traditional practices that have harmful effects on girls’ health, such as FGC.

The Penal Code stipulates that rape is punishable by five to 20 years of forced labour, and a one- to five-year residence ban. Article 166 punishes “any individual who voluntarily strikes, injures, or commits any other act of assault or battery, if this violence results in an illness or personal incapacity to work for more than 20 days”. The penalty is one to five years in prison and a fine.

Trafficking of persons is prohibited and punishable by penalties stipulated in the Penal Code. Committing the offence on a child younger than 15 years old constitutes an aggravating circumstance.

Sexual violence involving children is prohibited and punishable under criminal law. Crimes and offenses include: indecent assault, rape, and incitement to immoral behavior. Indecent assault against a child under 15 years of age, consummated or attempted, with or without violence is punishable by five to 10 years of hard labour, with the possibility of one to
20 years of exile from the community.

International Conventions

Mali has ratified both the Convention on the Rights of the Child and the Convention on the
Elimination of All Forms of discrimination Against Women.

Age at First Marriage

The Marriage and Guardianship Code indirectly sets the age of majority at 21 years for boys and 18 years for girls. A boy may legally contract marriage at age 21 and a girl at age 18. "A boy who has not reached the age of 21 and a girl who has not reached the age of 18 may not contract marriage without the consent of their parents. Under the Marriage and Guardianship Code, girls who have not reached the age of 15 may not enter into marriage. Marriages that take place before the age of 15 must be granted dispensation by the Ministry of Justice. Forced marriage is prohibited; there is no marriage without consent. The 1991 National Population Policy Statement aims at raising people’s awareness about the detrimental effects of early marriage.