452.There was a small step in that several parents decided to reside in Manajary with
their twins. Moreover, an association of parents of twins was established to defend
the rights of their children. This association can participate in events such as the
commemoration of the day of child rights or a human rights.
f. Children from a minority group (article 26)
453.Madagascar has not seen cases of children living under the apartheid regime;
However, if such cases happen, it will pay special attention to adopt measures
tailored to the special needs of children victims of the apartheid regime.
454.For information, Madagascar is a state party to the International Convention against
Apartheid, since May 16, 1986 and the International Convention on the Suppression
and Punishment of the Crime of Apartheid since May 16, 1967.
455.Adherence to these agreements demonstrates the willingness of Madagascar to
engage in the struggle for the elimination of all forms of discrimination and apartheid
in Africa.
g. Children in need of special protection from being under conditions and
situations of risk and vulnerability, such as street children and HIV / AIDS
orphans (article 26)
456.Act No. 2005-040 of 20 February 2006 on the Protection of the Rights of People
Living with HIV-AIDS, in its Articles 28 and 36 specifically provides for the prohibition
of discrimination.
Art. 28.-. "People living with HIV / AIDS have full legal capacity and enjoy all the rights
granted to all citizens by the Constitution and international instruments.
Discrimination and stigmatization are prohibited against people living with HIV / AIDS,
their partners and members of their immediate families in the exercise of their rights. "
Art. 36.- "Children infected or affected by HIV / AIDS, including orphans, enjoy all the
rights of children in the Constitution and special instruments of protection, including
against abuse and exploitation, as well as measures specific to inheritance rights, land
and property in general, will be adopted whenever necessary.
In the exercise of his/her rights, the child can not subjected to any discrimination or
stigmatization because of his/her actual or presumed status, or that of his/her
partners, his or her parents or his/her caregiver and his/her immediate family. »
457.This law, in Article 37 provides: "Notwithstanding the provisions of Title III, Chapter
III on education, no child shall be denied access or be excluded, discriminated,
stigmatized in the exercise of his/her right to education or any program and any
institution for children due to its proven or suspected HIV status or because of the
actual or presumed status of his or her partner (s), one or his/her parents, that of
those responsible for him/her or a member of his/her immediate family, under penalty
of civil claim compensation. "
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