III. General principles a) Non discrimination (article 2 of the ACRWC) 50. The different constitutions adopted by the country since the independence have all made provisions for equal rights, equal freedoms and duties for all citizens. 51. The Constitution emphasises in its preamble that it is above all and « it is the fundamental law which guarantees rights and individual and collective freedoms ». It aims to ensure legal protection and control the action of public authorities in a society where legality and human being blossom in their entire dimension. 52. In its article 29, the Constitution states: « All citizens are equal before the law, without it be any discrimination on grounds of birth, race, sex, opinion or any other condition or personal or social circumstance » 53. Article 31 states that: « Institutions are intended to ensure equal rights and duties of all citizens by removing obstacles which hinder the progress of the human person and prevent the effective participation of all in political, economic, social and cultural life» 54. Article 34 guarantees the inviolability of the human person and prohibits all forms of physical or mental violence. This is complemented by Article 35, which condemns the violation of human rights and freedoms as well as the physical or moral integrity of the human person. 55. The child is explicitly mentioned in article 63, along with the family and the youth, as a setting where respect of the right to honour, to privacy and to protection is guaranteed. 56. Article 58 of the Constitution states that the family, a fundamental element of the society and a natural environment, which guarantees a harmonious growth for the child, enjoys the protection of the state and the society. 57. Moreover, Algeria is party to a number of international legal instruments which make provision for rights that contribute to the respect of the dignity and physical integrity of the human person. 58. In order to incorporate these provision at national level, Algeria has made sure that it prohibited and eliminated all forms of racial discrimination, it endeavoured to ensure equality for all before the law and enabled the implementation of different rights regardless of race, colour, language and sex. b) Best interest of the child (article 4 of the ACRWC) 59. This principle has been included in the whole national legislation and, in several areas: education, health, legal protection and judiciary… etc., notably through the child protection law, the Family Code and the Code of Nationality. As for the policies recommended with regard to social development, the best interest of the child is usually taken into account while developing these sectoral programmes and policies. Moreover, budget allocations to different departments do not reflect the allocations for children, except in the national education sector which has a budget solely allocated to the improvement of children’s education. 11

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