Furthermore, the Family Code, in its Articles 168, 178, 184, 185, 194 and 195 places
particular emphasis on the special protection that must be given to the children in contact
with the law, whether his/her parents are legitimate, natural or adoptive and even when they
are separated. Article 328 provides, for example, that "when the health, morals or education
of a minor are jeopardised or insufficiently protected, because of the immorality or the
inability of the parents or the person who has custody rights, they can be deprived of their
parental authority, or when the minor, by his misconduct or indiscipline gives them very
serious dissatisfaction or puts them in an inability to perform their right of guidance, the
juvenile judge may ex officio or upon request of the parents or guardian, decide that the
minor be placed under probation. "
3. Children deprived of liberty
The Congolese legislator shares the ideal of a deprivation of liberty imposed at the last resort.
This came out of the investigation report conducted on juvenile justice in March 2005.
However, it should be recognised that juvenile delinquency is often characterised by acts of
extreme violence (theft, fighting and murder) that require exceptional measures to be taken
despite the juvenile status of their authors.
Incarceration in separate cells from adults is a concern that is well understood by the
authorities responsible for the definition and implementation of penal policy. The seriousness
of the harmful consequences of children’s cohabitation and detention with adults is such that
one of the axes of intervention of the PAREDA project is to complete the rehabilitation and
equipment of the Brazzaville prison’s adjacent centre, which aims to host children in
detention.
The state and civil society organisations which include the Association for Human Rights and
prison Universe (ADHUC), ensure since 2009, the implementation of the 10th FED through
the project Support to the Rule of Law (PAED), and currently with PAREDA, it intends to
promote the humanisation of the Congolese prison environment, and particularly improve the
conditions of detention of children by creating a monitoring centre of rehabilitation and
reintegration of juveniles in Brazzaville and Pointe Noire.
Prison policy of Congo does not have a component of educational activities for people under
18. Innovation could probably be made in the context of the planned drafting of a prison code
as part of the work of the National Commission for revision of codes.
With the prospect of a substantial modernisation of justice, the Congolese government led a
reflection that should result in the choice of a prison system combining the humanisation
objectives of the prison environment in an approach to human rights and a guarantee of social
reintegration of prisoners. The terms of reference for studies to be launched are being
developed.
In this context, the construction of three pilot centres dedicated to agro pastoral sentences is
planned in view of offering prisoners the opportunity to engage in apprenticeship that
guarantee their future social reintegration and empowerment.
The integration of educational activities reflects the willingness to provide a complete set of
activities in these structures with UNICEF technical support.
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