165. Article 13 of the Constitution states that "Everyone is guaranteed the inviolability of
his person, his home and the secrecy of correspondence.
No search may take place unless under the law and by written order of the competent
judicial authority, except in cases of flagrante delicto.
No one may be punished except by virtue of a law promulgated and gazetted prior to the
commission of the criminal act. "
166.The implementation of Article 10 of the Charter is facilitated by the Malagasy
culture, which accepts that parents can exercise reasonable control over the conduct
of their children including the control of their movements, friendship and private
correspondence.
f.
Protecting children against abuse and mistreatment
Neglect, abuse and sexual abuse
167.Act No. 2007-023 of 20 August 2007 on the rights and protection of children defines
abuse and sets out measures to protect children in moral danger or victims of abuse,
including the provisions related to reporting.
168.Article 67 of the Act defines abuse as all forms of violence, injury or physical or
moral abuse, neglect or negligent treatment, maltreatment or exploitation, including
sexual violence perpetrated on a child by his parents, legal guardians or any other
person.
169.This article also includes the different types of sanctions taken against children in
the context within the family context, in schools, in the community when they violate
children’s physical or moral integrity.
170.Any person who has perpetrated sexual abuse on minors incurs aggravated
penalties.
Reporting
171.Article 69 provides for the obligation to report for parents, family members,
neighbours, friends, local authorities, teachers, religious leaders, social workers,
medical staff, judicial police, to the competent administrative or judicial authorities
subject to the penalties provided for in Article 62 para 1 of the Penal Code.
172.In any case, the child himself/herself may report abuse he/she has suffered.
173.Furthermore, with regard to trafficking, sex tourism and incest, the lack of reporting
is considered as a special act of complicity in accordance with Article 7.3 of Act
2007 No. 2007-038 of 14 January 2008 amending and supplementing certain
provisions of the Penal Code on the fight against human trafficking and sex tourism
Administrative measures
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