• Free child care until the age of 5;
• Free care for women giving birth and maternal pre- and post-natal consultations;
• Compulsory education for all children at basic school level, etc.
33. Moreover, the process of administrative decentralisation and the Strategic Framework for
Growth and Poverty Reduction 2nd Generation (PRSP II) are part of a vision of substantially
reducing poverty and improving the living conditions of women and children. These efforts are
aimed at improving people's access to basic social services (civil registration centres, community
health centres, schools).
b). The best interests of the Child
34. Burundian legislation emphasises the safeguarding of the best interests of the child. Under
Article 19, which incorporates the Charter, the Constitution of Burundi states that the best interests
of the child set forth in article 3 of the CRC must be the paramount consideration in all measures
taken by the courts, administrative authorities, public and private social protection institutions in
respect of the child.
35. In criminal matters, safeguarding the best interests of the child is the priority of the legislator:
➢Article 28 of the Penal Code raises the age of criminal responsibility and sets it at 15 years;
➢Article 29 mitigates the penalties imposed when the perpetrator or accomplice of an offense is a
minor of fifteen years of age and less than eighteen;
➢Article 30 sets out a list of protective, educational and supervisory measures that may be taken in
the interest of a minor. The following measures can be noted, amongst others: warning, to be
reminded about the law, handing over to the parents, the guardian or to a trustworthy person, etc.
➢The Code of Criminal Procedure contains a whole chapter on the judicial protection of children in
conflict with the law.
36. In terms of marriage, the Code of Persons and the Family protects the best interests of the child.
For instance, during the divorce process:
• Article 172 states that during divorce proceedings and at the request of one of the parties, the court
rules in the interest of the household and children, on the separate residence of the spouses and the
delivery of personal belongings.
• Article 175 provides that during the proceedings the judge shall order, in the interests of children,
that all or some of them be entrusted to the custody of either the father, the mother or third party.
37. In addition, capacity-building trainings of Government and civil society actors are continuously
organised, in their various areas of intervention, with a view to transmitting knowledge (knowledge,
know-how and skills) required for the best interests of the child.
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