and their impact on children, beyond the sectoral evaluation that sis usually carried
out. It provides to the stakeholders (national institutions, members of civil society
working in child rights, children and adolescents) a space for participation, support,
exchange and interaction, dialogue and reflexion on the development of children’s
situation, in the management and implementation of the NPA.
47. It also enables children to participate in the implementation and evaluation process of
the NPA, through brainstorming workshops and debates (Month of the Child, study
days, sensitisation campaigns, competitions, sectoral and intersectoral activities,
NGO activities, media: written press/audiovisual, etc.)
II. Definition of the Child:
48. The national legislations are in accordance with provisions of article 2 of the
Charter, in which the child is described, in a generic manner, as « every human being
aged below the age 18 years »
The Child in Algeria is seen as a citizen who enjoys all his/her rights based on the
Algerian Constitution, which makes provisions to ensure protection of the citizen in
general. Child rights as stated in the African Charter on the Rights and Welfare of the
Child are included in the constitution and in the Algerian legislation. In fact, the rights
to equality and non discrimination, the best interest of the child, the right to privacy
and survival, the right to a name, a nationality and the preservation of identity, the
right to a better family care, to the best health care possible, to education and family
protection, are integrated in the legislative framework.
The child and adolescent protection in Algeria has been included in an ordinance no.
72 – 03 of 10 February 1972, which was followed by several laws and decrees
ensuring the protection of vulnerable children (orphans, children without families
and/or from deprived families, disabled children, adolescent offenders, etc.)
49. The definition of the child according to the Algerian law shall be identifies
through various provisions:
- Article 40 (2) of the Civil Code (ordinance n°75-58 of 26 September1975 amended
and supplemented by the Act n° 07-05 of 13 May 2007
- Article 442 of the Code of criminal procedure states that « criminal responsibility is
reached at the age of 18 years ». In article 443 of the same Code, it is stated that the
age to take into account for determining the likely majority is the age of the day of the
infraction;
- In terms of education, the Act n°08-04 of 23January 2008 on the orientation of the
national education provides in its article 12 that « education is compulsory for
children, girls and boys aged from 6 to 16 years old »;
- Article 15 of the Act n° 90-11 of 21st April 1990 on Labour relations, states that the
minimum age required to work shall no, in any way, be below the age of 16 except in
the case of a contract of apprenticeship.
- Ordinance no. 74- 203 of 15 November 1974 on the Code of national service sets the
age of army enlistment at 19 (article 1). Article 98 extends the deadline for enlistment
in the interest of studies until the student or school boy/girl reaches 27 years old.
- The age of marriage which was 21 years old for men and 18 years old for women
has been standardised since February 2005 to 19 years old for all.
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