upheld, protected and applied by the Constitutional Court and other competent
courts; the Human Rights Commission shall monitor its application in the State
pursuant to Article 142 herein”.
An Act has issued dealing with persons affected by HIV/AIDS provided for the
treatment and protection of these persons and their families.
The Child Act, 2010:
The Child Act, 2010 adopted the principle of non-discrimination as Article 5-2-c
stipulates “the child has the right for protection against all forms of
discrimination”. Article 83-2 reads “judicial institutions shall ensure that children
who are victims of offences contained in Articles 45 and 46 herein receive,
without any discrimination, damages and indemnities from persons responsible
for those offences”.
The Act considered violation of the rights of the child a public right offence as
stipulated by Article 84-1.
An important study was conducted in 2004 to gauge trends and attitudes regarding
the education of girls in a number of selected states. The Authorities have adopted
the recommendations of that study to bridge the gap between boys and girls in
education. Special departments for the education of girls were established at the
Federal Ministry of Education and at state ministries.
Many procedures were taken to protect children born outside marriage. A number
of awareness programs and alternative care programs have been implemented. A
child born outside marriage is registered in the civil rolls and is awarded a family
card and a national number.
B. The Best Interest of the Child:
Article 5-2-d stipulates “the best interests of the child should have precedence
over any other considerations regarding all decisions and procedures pertinent to
childhood, family or environment regardless of the agency taking those decisions
issuing such procedures”.
The same notion was echoed in the Labor Act, 1997 which means that the best
interest of the child is considered top priority.
The best interest of the child was also highlighted in the Penal Code of 1991.
All activities pertinent to child protection implemented by the NCCW with
different partners have also stressed the importance of the best interests of the
child.
The Artistic Intellectual Property Code also highlighted the importance of the
best interests of the child when it prohibited subjecting the child to any
information that is not appropriate to his age or might jeopardize his moral
principles.
C. The Right to Life, Survival and Development:
All these rights contained in the Charter and other agreements ratified by the
Sudan are included in the National Interim Constitution of the Republic of the
Sudan, 2005 as part and parcel of its provisions.
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