93. Furthermore, any person whose rights have been violated and who has suffered
harm can seek redress before the competent court.
d. Discourage cultural practices which are incompatible with the Charter
94. The answers regarding cultural practices incompatible with the Charter will be
detailed in the section on special protection measures, e) children victims of harmful
social and cultural practices affecting the welfare, dignity, normal growth and
development of the child.
e. National mechanisms for the respect of children’s rights
Independent National Commission on Human Rights (CNIDH)
95. Act No. 2014-007 of 19 June 2014 establishing the CNIDH was adopted by the
National Assembly.
96. Following an assessment of the conformity of the former Act of 2008 with the Paris
Principles, the new law has taken into account the following criteria in accordance with
those principles:
- Independence vis-à-vis the executive in particular through the name change
that is "Independent National Commission on Human Rights"
- The appointment procedure is assigned to each entity represented in the
Commission and not to the executive,
- Administrative and financial autonomy
- Extension of the mandate to better promote and protect human rights,
- Representativeness and pluralism,
- Regular operation and permanent exercise of its mandate.
Judicial authorities
97. Les cours et tribunaux ont compétence pour connaître des violations des droits de
l’homme.
98. Madagascar has 48 Courts of First Instance, 6 Courts of Appeal, 6 administrative
and financial courts and a Supreme Court including the State Council, the Supreme
Court and Court of Auditors.
Administrative authorities
99. The administrative authorities responsible for law enforcement have an obligation to
monitor and enforce human rights through law enforcement agencies (force de
l’ordre) carrying out their missions.
100.Section 114 of the Malagasy Penal Code provides that "When a public officer,
agent or servant of the Government has caused or committed any arbitrary or
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