population is an area of concern, given the fact that children constitute a
vulnerable segment of the population.
278.The promotion of chilren’s rights has been one of the constitutional priorities
since Mozambique’s independence. Article 47 of the Constitution deals with the
rights of children: “1. Children shall have the right to protection and care as
required for their well-being; 2. Children may express their views freely on
matters of concern to them on the basis of their age and maturity; 3. Every action
relating to children, whether by public entities or private institutions shall
primarily take the best interests of children into account”.
279. The right to establish and protect a family, the role of the State is xxxxxxxxxxxx
the right to childhood. In terms of Article 121 of the CRM, “ 1. All children shall
have the right to be protected by their families, society and the State with the
view to be fully developed; 2. Children, in particular orphans, disabled children
and abandoned infants shall be protected by their families, society and the State
against all forms of discrimination, ill-treatment and abuse of power by families
and other institutions; 3. Children shall not be discriminated against because of
their birth, not shall they be subject to ill-treatment; 4. Child labor either within
the ages for compulsory school attendance or any other age shall be prohibited.”
280.It is worth mentioning a number of laws complementing the rights referred to
above, namely the Juridical Status of Children, the Civil Code, the Criminal Code,
the Family Law, among others. By 1979, Mozambique had already approved the
Declaration of the Rights of Mozambican Children. This declaration was
designed as a basic instrument to guide society in its interaction with children
while taking the protection of children’s rights into account.
281.With regards to child protection, in 2008 Mozambique approved the Law on the
Promotion and Protection of Children (Law № 7/2008 of 9 July), the
Guardianship of Minors Law (Law № 8/2008 of 15 July) and the Law on the
Prevention and Curbing of Human Trafficking, especially Women and Children
(Law № 6/ 2008 of 9 July).
282.The Ministers Council approved Decree № 8/2009 of 31 March, establishing the
National Children’s Rights Council (CNAC) to ensure the coordination and
connectivity of efforts made by the various government institutions and civil
society organizations aimed at protecting and defending the rights of children
within the framework of Law № 7/2008 of 9 July. The CNAC is chaired by the
minister for women and social action while the minister of education and culture
serves as its vice-chairperson. The Council includes the ministers of justice,
health, and youth and sports as well as representatives of civil society
organizations and church officials.
283.In keeping with the country’s commitment to children’s rights, the government
signed and ratified international conventions on the rights of children, namely the
UN Convention on the Rights of the Child and the African Charter on the Rights
and Welfare of the Child. The development of children and juvenile associations
has been promoted. Despite the war that ravaged the country and in keeping with
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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