should be given for the child to be heard either directly or through an impartial
representative, as part of the procedure, and such views shall be taken into account
by the relevant and competent authority in accordance with the provision and
appropriate laws’’.
123. Measures relating to the application of the principle for the best interests of
children, refer to cases of parental separations, adoption and legal protection.
a)
Parental Separation
124. In cases of parental divorce, there is often disagreement as to who should be
entrusted with childcare allowance. In Guinea-Bissau, the legislation in force requires
that the child for the purpose of his childcare allowance, be given to those who prove
assurance of their best protection, who may not even be one of the parents.
125. The courts and administrative institutions, have considered the interests of the
child, both in the arbitration of foodstuffs and in the benefits allowance in favor of
them, it means that, the Courts must take the necessary measures for the protection
of the child. In making its decision, the Court must always have regard to the best
interests of the child.
126. This specific principle of the rights of the child, has received considerable
attention from the Government in the prevention, protection and assistance
programs, developed by public institutions such as the Women's and Children's
Institute, Migration and Borders that control the exit of children out of the country in
coordinating and seeking to ensure the prevention of trafficking, forced and illegal
exits.
a)
Adoption
127. Adoption standards, have been the focus of attention, as they provide an
alternative for the child. It was found that the existing legislation does not facilitate
the process, as it is very restrictive, specifically regarding international adoption.
Discussions have been held on the subject, but fears of using legal facilities to
promote child trafficking are of great concern, given the weaknesses that the country
presents.
128. However, its effectiveness, has been in accordance with international
instruments, in particular the Convention on Protection of Children and Co-operation
in Respect of International Adoption of 29th May 1993 establishing a system of
cooperation based on the principle of best interests of the child, enshrined in its
Article 1, nevertheless, the country is not a party or have ratified this instrument,
insofar as Article 29 CRGB, allows to enter into our legal system.
c)
Legal Protection
129. Knowing that children do not have the capacity to represent themselves, and
therefore, the Public Prosecution Service, has ensured the defense of their interests
in their capacity as Legal Guardianship of Children. In this regard, for the sake of
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