B - Access to rights, freedom of expression, freedom of thought, conscience and religion
/ freedom of association and peaceful assembly
Freedom of expression, of thought, conscience and religion, and freedom of association and
peaceful assembly is guaranteed by the child protection Act, in Articles 31, 32 and 33 which
state the following:
"The child has the right to speak freely. This freedom of expression includes the freedom of
seeking, receiving and spreading ideas of all kinds regardless of frontiers, either orally, in
writing or in print, or in any other media of his/her choice. "(Art. 31)
"The child has the right to freedom of thought, conscience and religion in accordance with
the guiding role played by parents, guardians or any other person in charge of his/her care.
"(Art. 32)
"The child has the right to freedom of association and peaceful assembly, subject to the rules
prescribed in the interests of national security, public safety or public order or for the
protection of health or public morals or the fundamental rights and freedoms of others. "(Art.
33)
These recent restrictions also apply to previous articles concerning freedoms. This applies to
all the freedoms granted to adults, women and children. However, these freedoms are a real
step forward for the children of today.
C - Protection of Privacy
Under section 24 of the Child Protection Act, "the child has the right to respect for private
life, subject to the rights and responsibilities held by parents or persons in charge of his/her
education." As stated previously on individual freedoms, this right is subject to some
restrictions. This commendable provision is difficult to implement within the family, except
in cases of non-compliance with these rights, especially in situations of: abuse, sexual
exploitation, use, recruitment or offering of a child for prostitution purpose, for the
production of materials or for pornographic shows. Because of the lack of clear and precise
delimitation of the scope of the privacy, which is not specified by the legislature, we will
limit ourselves for the time being, to the acts affecting the child morality, dignity and honour.
Severe penalties are prescribed for any infringement of the privacy of the child (art. 100 to
107) in particular Articles 65 (against pimping), 66 (against the production, dissemination,
import, supply or sale of any material depicting a child engaged in sexual activity) and 67
(against paedophilia).
D - Protection of children against abuse and mistreatment
As a set of rules to be observed by all members of the community, pending sanctions,
discipline comes along with any learning process in life. The interface of discipline is the
positive or negative sanctions, which are practiced, willingly, with or without violence. The
international and national communities prohibit violence against children and recommend
softer approaches, through dialogue and persuasion.
According to the parents interviewed in the CAP survey on the care of small children
(UNICEF 2002) corporal punishment is '' bad '' for 54% of opinions expressed. They
advocate for dialogue, purely verbal reprimand and admonition, but no physical or verbal
abuse. However, 41% of parents surveyed believed that physical punishment was '' necessary
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