361.Special treatment for pregnant mothers and mothers of infants and young
children who have been legally convicted: Several provisions of Act 05-04 of 6
February 2005 on the organization of prisons and the social reintegration of prisoners
support this category. Indeed, an inmate who has become pregnant receives
appropriate conditions of detention as a balanced diet, ongoing medical care as well as
visits and the close parlour (Article 50). The administration of the penal institution
shall in coordination with the departments responsible for social affairs, arrange the
placement of the newborn in a place suitable for ensuring its care and education.
Without this place, the imprisoned mother can keep her child with her until the age of
03 years (Article 51).
362.When a birth occurs in a prison, the civil registry and birth certificate must not
include have any indication nor the prison or the detention of the mother (art 52). The
benefit of temporary postponement of the execution of custodial sentences may be
given to a pregnant woman or mother of a child below 24 months (Article 16).
e) Children in situations of exploitation (article 15 of the ACRWC):
363.Economic exploitation including child labour: Governments apply immediate
measures to prevent and eliminate child labour. National laws, rules and policies to
prevent and fight against child labour as such comply with the standards of the
International Labour Organisation. Furthermore, an intersectoral action plan to
prevent and fight against child labour has since 2003 agreed on specific targets for the
prevention against the economic exploitation of children, ensuring the involvement
and mobilization of all stakeholders. It also is subject to a very particular monitoring.
364.The legal protection of children through the national labour law: Algeria has
taken all legislative and administrative measures necessary to implement the rights
recognized by international labour standards in the prevention and fight against all
forms of exploitation of children, particularly with regard to respect of the legal age
for access to work. Act No. 90/11 of 21 April 1990 relating to labour relations, as
amended and supplemented (Article 15) provides that the minimum age for
recruitment shall in no case be less than sixteen (16) except in the context of learning
contracts established in accordance with the laws and regulations in force and that the
minor can be recruited only on presentation of an authorisation issued by his legal
guardian.
365.Hence, the child may not be employed in dangerous and unhealthy work, harmful to
their health or detrimental to his morals. In case of failure to comply with these
conditions, the employment relationship is deemed void under the provisions of
article 135, which states, "it is null and void any working relationship that does not
comply with the provisions of the law. "As such, and except in cases of an
apprenticeship in accordance with the laws and regulations in force, hiring a young
worker who has not reached the age prescribed by law, shall be punished by a fine of
1000 AD to 2000 AD. In case of recidivism, imprisonment of fifteen (15) days to two
(2) months may be imposed, without prejudice to a fine, which may amount to twice
than planned. (Article 140)
366.Moreover, any person contravening the provisions relating to conditions of
employment of young workers and women is punishable by a fine of 2,000 dinars to
4000 AD applied as many times as there are violations reported (Article 141). Article
28 of the Act provides that "workers of either sex below 19 years of age cannot take a
night job." Anyone infringing this provision is liable to a fine of 500 to 1000 AD,
applied as many times as there are workers concerned (Article 143).
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