simplicity, more than four (4) magistrates were appointed to work only for the Legal
Guardianship of Children of Bissau, to give greater impetus to the procedures.
130. In the criminal field, criminal protection of children's rights, without neglecting
other extravagant legislation, comes basically from the Criminal Code approved by
Decree Law No.4/93, of October 13. The child only from the age of 16, is susceptible
to criminal penalty. Before this age is criminally irresponsible and can only be
subjected to a specific system - the protection of children’s rights - regulated in our
legal system by Decree No.417/71, of September 29.
131. The offender who is over 16 years of age and less than 20 years of age, shall
apply the abstract penalty corresponding to the type of offense committed, especially
mitigated.
132. Thus, we have the legal categories, which protect as a legal rights of children,
namely, infanticide, provided and punishable by Article 110; exposure and
abandonment, provided for, punishable under Article 113; rape, punishable by Article
133; sexual abuse, punishable under Article 134; and the child trafficking, punishable
under Article 196, both of the Penal Code.
5.3. Right to life, Survival and Development
133. The principle that the child has, such as the right to life, is part of the general
rule that every human being has the right to life, physical integrity, honor, etc.
134. In the specific case of children, given their fragile conditions, the State and
society in general, must assume the role of guaranteeing the realization of this
principle, whose corollary is the right to protection, the right to a good health
condition, the right to live in a healthy environment that provides harmonious
development.
135. On the basis of this principle, many actions have been taken and many
protection structures have been established in specific institutions, such as health,
education and infrastructures, which should be highlighted here.
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5 In the area of child protection, there are other types of criminal law in various extravagant legislation,
namely the law on trafficking in human beings and the law on female genital mutilation.
136. The Guinean State, has promoted, through various mechanisms, the
harmonious development of the personality of the child and created favorable
conditions for its integration and participation in the active life of society and in
collaboration with family and society.
137. In order to realize the right to survival and development, a number of measures
of a primarily administrative nature, have been taken, exemplifying the projects and
programs referred to in chapter I on the General Implementing Measures of the
Convention. Such measures, have substantially contributed to the improvement of
the Life Expectancy indicator, which increased from 48 years for both sexes in 2008
to 52 years in 2010.
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