pregnancy and in the course of the year following the birth of her child if the pregnancy
commenced before the divorce. She loses this right to support if it is legally established that
the husband is not father of her child.
202. In order to ensure that women have access to justice so that all of these rights can be
asserted, peace tribunals are sited across the country; and where there is no such tribunal,
the county courts have jurisdiction in the matter, in accordance with Organic Law No. 13/011B of 11 April, 2013 on the organization, running and powers of the courts under the judicial
system.
Protection of Children in the Family (Article 6 (i) & (j))
203. Article 41 of the Constitution deals with the issue of the protection of Children their families
and requires the authorities to ensure the protection of children in difficult circumstances; and
to bring before court the perpetrators and accomplices of acts of violence against children. The
abandonment and maltreatment of children, particularly paedophilia, sexual abuse as well as
accusation of witchcraft, are prohibited and punishable by law. Parents have a duty to take
care of their children and to ensure their protection from any act of violence both in and outside
the home. Furthermore, the law on sexual violence of 20 July, 2006 provides for punishment
against any person who encourages the debauchery of persons aged less than 18 or who uses
them for sexual purposes for a consideration; if the offence is committed by a person exercising
authority as a parent or guardian, the culprit will be stripped of the exercise of the said parental
authority or guardianship. Article 48 of Law No. 09/001 of 10 January, 2009 on the protection
of children prohibits the betrothal and marriage of children; this law also stipulates that the
higher interest of children must be a predominant concern in all decisions and measures taken
for them.
204. Furthermore, the legal provisions aimed at protecting children have been stated in the
Convention on the Rights of the Child of 2 September, 1990 and its Optional Protocol of 25
May, 2000 ratified by the DRC.
205. Although these legislative measures have been taken, the protection of children within
the household is not always ensured, and it is actually one of the major concerns in the
DRC. A substantial number of children from broken homes can be found in the streets of
the big towns; most of these children are from rebuilt families where children are accused
of witchcraft. In 2014, Kinshasa alone had more than 25,000 children from broken homes.
206. In the face of this problem, a few projects are being implemented, particularly the Project
for the Reintegration of Street Children in Urban Areas which has been receiving funding from
the World Bank since 2001 and whose objectives are: promoting total or minimum access to
basic social services; establishing the basis for social reintegration and/or reunification with
families, and carrying out any activity likely to reduce vulnerability and the risks to which
children are exposed in the street.
4. RIGHTS TO HEALTH AND REPRODUCTION
207. Article 47 of the Constitution of the DRC guarantees the right to health and food security.
Consequently, the Government of the DRC is of the opinion that the enjoyment of the best
possible health conditions is a fundamental right for every human being, irrespective of sex,
race, religion, political beliefs and socio-economic situation.
Access to Health Services (Article 14(2) (a))
208. All over the world, health problems have a distinctive effect on the vulnerable and
marginalized social categories. The probability of dying before the age of five is 16 times
higher for children in low income countries than for those in high income countries (WHO,
2013). Unfortunately, the DRC belongs to the category of low income countries where most of the
population, i.e. 69.24%, live in the rural areas. Here, the people are generally poor, suffer a
poorer state of health, malnourished, vulnerable to catastrophic diseases and suffer a
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