already be invoked by the courts in the past, and ensure that court rulings favour the most vulnerable in
cases of family breakdown.
242. The 2002 Act focuses firmly on improved support and successful reintegration of children into society,
promoting children’s rights when couples separate by making a priority of resolving the issues of
custody, maintenance and the preservation of family ties.
243. The minimum age for access to work has been raised and set at 16 years of age (Article 5) in line with
the International Labour Organization Minimum Age Convention, 1973 (No. 138). The ILO Worst
Forms of Child Labour Convention, 1999 (No. 182) is a recent instrument that focuses on children
facing the juvenile justice system. Ratified in 2004, these norms have now been incorporated into labour
legislation. The law focuses more closely on youth (16-18 year-olds) labour, whereby working
conditions, hours and danger levels must be in conformity with the demands of human dignity and the
Convention on the Rights of the Child. Alongside wage discrimination, the employment of young
people in domestic service, hostelry, bars and alcohol sales outlets (Article 115) is prohibited. Similarly,
article 96 prohibits employers from making minors work at night.
244. Article 32 of the Criminal Code sets the age of majority at 18 and so provisions relating to minors
therefore apply only to children or young people below the age of 18. Due to their age and immaturity,
these young people are thus treated differently from adults in criminal proceedings. This provision also
sets the minimum age for criminal responsibility at 13, an age limit that is high enough to take account
of a child’s maturity and development.
245. While parents have the right and the duty to nurture the development of their children’s abilities, the
State provides legal support and ensures that families and minors are fully protected by penalizing
harmful practices including the abandonment, neglect and endangerment of children by their legal
guardians (articles 451 to 457).
246. The law also ensures that the physical integrity of children is protected by prohibiting violence, abuse
and murder (articles 325, 326, 330, 332). Female genital mutilation is addressed by criminal legislation,
under which individuals found guilty of such practices are severely punished (Article 333).
247. Penal legislation also aims to protect the morality of adolescents by punishing activities leading to their
corruption (articles 458 to 462), or involvement in sexual acts (articles 463 to 466) and procuring (article
396).
248. Desirous of ensuring that greater attention is focused on protecting children, Djibouti has ratified the
optional protocols to the Convention on the Rights of the Child and is therefore committed to using all
available means to prevent their involvement in armed conflicts and activities connected with the sale of
children, child prostitution and child pornography.
249. The right to civil status and to the registration of births has been the subject of a study aimed at
identifying obstacles to the fulfilment of those rights. Community capacity-building programmes have
been launched in order to promote the enjoyment of such rights, especially in rural areas. Non-informal
classes on human rights are offered to local communities, which in turn conduct activities to raise the
47