B- Areas of intervention
The areas of intervention in the areas of civil and political, economic and social
rights.
1. Civil and political
a) The principle of non-discrimination (article 2 of the ACHPR)
Article 8 of the Constitution of 20 January 2002 lays down that: « All citizens
shall be equal before the law. No discrimination shall be based on origin, social
or material situation, racial, ethnical, or departmental affiliation, sex, education,
language, religion, philosophy, or place of abode, notwithstanding articles 68
and 69. Women shall have the same rights as men. The law guarantees and
ensures the protection and representation of women in all political, elective and
administrative spheres».
The first paragraph of Article 25 of the Charter on Rights and Liberties adopted
on 29th May, 1991 at the National Sovereign Conference, focuses on the
specific case of Congolese children: « Any child irrespective of their race,
colour, sex, religion, national social origin, fortune, or birth shall be entitled to
every protection measures from his/her family, society, and State consistent
with his/her condition as minor.»
b) The right to equality (article 3 of the ACHPR)
The right to equality is mentioned in article 1 of the United Nations
Charter : « All human beings shall be born free and equal before the law. They
shall be entitled, without any distinction whatsoever to the same dignity and
shall be equal before the law.» The first paragraph of Article 8 of the
Constitution of 20th January stipulates as follows: « All citizens shall be equal
before the law».
At the end of the National Sovereign Conference, the Constitution of the
Republic of Congo, adopted following the 15th March, 1992 Referendum
enshrined the principle of equality of its citizens in its Article 11.
«The State shall promote equality of its citizens before the law irrespective of
their origin, social or material status, racial, ethnic and regional affiliation, sex,
education, language, attitude to religion and philosophy, place of residence. The
State shall respect all rights and liberties in so far as they are consistent with
public order and decency. Etc.».
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