84. The CRRIPDH has the following functions:
- Collect data required for the preparation of initial and periodic reports;
- Write initial and periodic reports to be submitted to the Treaty Bodies and UN
committees and regional institutions in accordance with treaty obligations.
85. The third and fourth periodic reports of Madagascar on the implementation of the
Convention on the Rights of the Child were examined in Geneva in January 2012.
The initial reports on the implementation of the two Protocols to the Convention on
Children's Rights were drafted and sent to the Committee on the Rights of the Child
and pending consideration. Madagascar has benefited from financial and technical
assistance from UNICEF in the development of these reports.
86. In accordance with paragraph 24 of the Guidelines, the Drafting Committee was
inspired by reports of elements on the implementation of the CRC in the
development of this initial report.
87. Many elements of this report are derived from reports on various international legal
instruments on human rights to which Madagascar is a party such as the CRC,
CEDAW, ICESCR, ICCPR, CAT,...
88. The preparation of the report initially required data collection followed by a sharing
session before the final draft.
2. General measures of implementation
c. The Constitution
89. The Constitution endorsed:
- The International Charter of Human Rights,
- The Conventions on the Rights of Women and Children,….
90. In accordance with Article 137 paragraph 4 of the Constitution of 11 December 2010,
duly ratified treaties take precedence over the laws in these terms: "Treaties or
agreements duly ratified or approved shall, upon publication, have higher authority of
that of the laws (...). "
91. The rights protected by the African Charter on Rights and Welfare of the Child are
litigants before the courts and tribunals regardless of whether there is a legislation
that is incompatible with the treaties’ provisions.
92. It follows that any individual who filed a lawsuit has the right to exercise remedies
opposition, appeal or cassation.
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