1.1.2 The remedies available and their accessibility to children
Children have the opportunity, like any citizen, to refer civil, criminal or administrative matters to the courts
when their rights are violated. However, because of the child is not criminally responsibility, he/she is
required to act through a legal guardian. The judicial system, traditionally based on the principle of dual
jurisdiction and the unity of law, is evolving. Ongoing reforms tend to make the Supreme Court a third
instance of the judiciary.
• In terms of non-judicial remedies, there are four options:
• - Referral to the Ombudsman;
• - The National Commission for Human Rights of Côte d'Ivoire;
• - Referral to the Department of Regulation and Promotion of Human Rights of the Ministry in charge of
justice;
• - The coordinating unit of the National Committee on Violence against Women and Children at the
Ministry in charge of the child.
• Children remedies are in some cases facilitated by the support that they receive from some NGOs
(including BICE, CAVOEQUIVA ...), and the Sub-Directorate for the Fight against Child Trafficking and
Juvenile Delinquency, in terms of reporting, counselling and assistance in case of trial. We can also
mention the legal clinics of the Association of Women Lawyers of Côte d'Ivoire, Children’s Associations
and Groups, local protection committees, the community and the establishment of a help line for
children in distress "Allo 116 children in distress."
• The Ministry for Justice adopted in March 2013 its policy sector orientation paper that provides for
reform of legal aid, which should provide better access of children to justice. The pilot installation of
legal clinics is currently supported by a number of development partners like the European Union,
USAID, UNDP, UNICEF and UNOCI.
• 1.1.3 The existence of an independent human rights institution
• R 13 In accordance with the Paris Principles relating to the status of national institutions
(resolution 48/134 of the General Assembly), the Committee encourages the State party to
consider the establishment an independent national institution for human rights, which would
be responsible for monitoring and evaluating progress in the implementation of the Convention
at national level and, if appropriate, at local level. In addition, the institution should be
empowered to receive complaints of violations of children's rights and to implement them in an
effective way while fulfilling the child's needs.
• Following a long process started in 2000, the National Commission for Human Rights of Côte d'Ivoire
(CNDHCI) was established by Decision No. 2005-08 / PR of 15 July 2005 which is legally binding. The
CNDHCI is an Independent Commission, endowed with legal personality and financial autonomy
through an annual operating budget that is provided by the state. This decision was reinforced by Law
No. 2012 -1132 of 13 December 2012 and Decree No 2012-1133 of 13 December 2012 on the
establishment, responsibilities, functioning and organisation of the CNDHCI.
• The CNDHCI, which began operating effectively on July 31, 2007, revolves around three bodies: the
General Assembly, the Executive Board and the General Secretariat. It performs functions of
consultation, evaluation and submits proposals in terms of human rights promotion, protection and
defense. To this end, it published and disseminated in 2008, 2009, 2010 and 2011, an annual report on
the state of human rights in Côte d'Ivoire.
RAPPORT INITIAL SUR LA MISE EN OEUVRE DE LA CHARTE AFRICAINE DES DROITS ET DU BIEN ÊTRE DE L'ENFANT
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