the same rights and shall be subjected to the same duties without distinction as to
race, social, intellectual or cultural level, religious belief or philosophical conviction."
115. The constitutional enshrinement of this principle, has facilitated the
generalization of the defense of equality among persons; otherwise, let us see:
116. At the infra-constitutional level, there were situations of inequality in ordinary
laws, such as discrimination against children born outside civil marriage, for the
benefit of those born within marriage. The differences between men and women in
terms of rights and duties, both at the family level and in other situations, resulting
from the maintenance of colonial laws in the national legislation, by virtue of Law
No.1/73 of September 24.
117. In fact, laws prohibiting discrimination, such as Law No.4/76 of 4 May, which
prohibits discrimination between legitimate and illegitimate children as well as the use
of any discriminatory designation, have been introduced.
118. As regards the application of the principle of non-discrimination, since this is a
fundamental human rights principle, the application of international legal instruments
has been guaranteed at practical level, regardless of ratification or not, taking into
account that, there is an open provision in the CRGB, Article 29 of which states that:
"The fundamental rights enshrined in the Constitution do not exclude any others
contained in other laws of the Republic, as well as the applicable rules of
international law."
119. In this context, a number of measures have been taken to eliminate the practice
of discrimination, such as the granting more facilities for girls' schooling. However,
many programs rely on international partners and non-governmental organizations to
address the enormous disparity existing between men and women as a result of
women's access to education, mainly caused by socio-cultural factors.
120. The construction of public buildings with ramps, the existence of schools for
children with disabilities, the introduction of inclusive education into the education
system, the individualized assessment of the children needs with disabilities, are
examples of actions that contributed to reducing discrimination of children with
disabilities.
121. In economic terms, many initiatives have been implemented to reduce women's
strong dependency on men, mainly in promoting productive activities, through
microcredit. And since 2004 there has been a cell in the Ministry of Economy
responsible for promoting this initiative.
5.2. Best Interests of the Child - Article 4 of the African Charter on the Rights
and Welfare of the Child
122. Article 4 (1) of the African Charter on the Rights and Welfare of the Child
establishes that: in all actions relating to the child carried out by any person or
authority on behalf of the child, should be given priority consideration. And paragraph
2 of the same rule illustrates that "In all judicial or administrative proceedings
affecting a child who is able to communicate his or her point of view, opportunities
24