55. The proposals by the Ministry of Gender to include an explicit provision entitling a child to know decisions affecting him or her; to express an opinion, and have that opinion taken into account, taking in to consideration the age and maturity of the child and the nature of the decision, was not included in the proposed amendments in 2007. 56. The CCPJA provides that when making an order for custody or access of a child, the Child Justice Court shall consider the views of the child. When making arrangements for fosterage, a report made in the course of the arrangements shall also include the views and feelings of the child concerning placement and where there are any problems. There is no specification that the views and feelings shall be taken into consideration beyond this provision. 57. Neither the Constitution nor the CCPJA provide explicitly for freedom of expression of children. The provision for freedom of expression is made in general terms for all persons under the Constitution where it is provided that “Every person shall have the right to freedom of expression”. It remains unclear whether this provision is not sufficient to cover children when it comes to enjoyment of this right. 58. The limitation prescribed under this Article are broadly covered by legislation and case law regarding protection of other people’s reputation and national security, public order, public health or morals. These restrictions must be understood in light of the provisions regarding criminal responsibility which place the minimum age of criminal responsibility at 10 years. Article 8: Freedom of Association Every child shall have the right to free association and freedom of peaceful assembly in conformity with the law. Article 9: Freedom of Thought, Conscience and Religion 1. Every child shall have the right to freedom of thought conscience and religion. 2. Parents, and where applicable, legal guardians shall have a duty to provide guidance and direction in the exercise of these rights having regard to the evolving capacities and best interests of the child. 3. States Parties shall respect the duty of parents and where applicable, legal guardians to provide guidance and direction in the enjoyment of these rights subject to the national laws and policies. Article 10: Protection of Privacy No child shall be subject to arbitrary or unlawful interference with his privacy, family home or correspondence, or to the attacks upon his honour or reputation, provided that parents or legal guardians shall have the right to exercise reasonable supervision over the conduct of their children. The child has the right to the protection of the law against such interference or attacks. 16 | P a g e