particular concern for children and other vulnerable people, not to mention the abolition of death penalty
previously applicable to children of 16, the prohibition of penalties, inhuman and degrading treatments
but also equality of all before the law and justice (Article 3).
The lack of a single code addressing issues of children's rights is a major challenge for aligning national
legislation with the Convention. As part of its mission of disseminating legal information, the National
Centre for Legal Documentation has however published in 2005 and regularly updated since a
collection entitled "Children's rights in Côte d'Ivoire", which includes texts relating to the protection of
child rights in the country.
Studies have also been conducted in terms of compliance of national laws with international child
protection standards (Comparative study CRC / ACRWC / National Laws, NGO Forum 2007) and in
some areas of children's rights, particularly in juvenile justice (Reports on the minority, BICE 2003). The
recommendations from these studies form the basis for conducting a thorough reflection on
harmonization efforts to be made.
A Commission for the Reform of Codes was set up within the Ministry of Justice, Human Rights
and Public Freedoms, in order to review the Ivorian codes and to adapt to them the country’s
social, economic and cultural evolution.
In the same vein, as part of its prerogatives, the Children and Youth Judicial Protection
Directorate works to strengthen the legislative and regulatory framework of the protection of
minors who are in contact with the judicial system with the view to align our laws and regulations
with international standards. In 2003, with the support of UNICEF, the Government of Côte
d'Ivoire launched a process of developing a Children and Family Code and a draft was prepared
with the contribution of all child protection stakeholders both governmental and non
governmental. This process has unfortunately not been implemented in full. However, the
authorities' willingness to provide the country with such a legal instrument is still relevant.
Ivory Coast is a country of written law, only positive law is legal valid: customary law is not
binding. However, it is clear that many issues related to the status of persons, including children,
are set in some areas or some families according to customary rules. These practices are often
discriminatory (for example, regarding the succession, inheritance, access to land) or harmful
(persistence of female genital mutilation) and contrary to the provisions enacted by the
legislature. In the absence of further study on the issue, it is difficult to assess the impact of
these cultural practices, the task is made even more difficult because they vary according to
cultural and ethnic areas.
However, when disputes are brought before the courts, it is the civil laws that are binding on the
parties and applied by the national courts.
At legislative level, progress has been noted in terms of compliance of national provisions with
the rights recognized by the Convention, including through the adoption of certain laws in favor
of the Child, and the ratification and signature of agreements and international conventions.
Hence we note the following:
- International conventions:
i. Convention No. 138 concerning Minimum age for admission to employment of 26 June 1973
ratified on January 21, 2002;
ii. The ILO Convention No. 182 on the worst forms of child labor and immediate action
for the elimination of 17 June 1999, ratified on January 21, 2002;
iii. The African Charter on the Rights and Welfare of the Child, whose ratification instruments
were filed on June 18, 2007;
RAPPORT INITIAL SUR LA MISE EN OEUVRE DE LA CHARTE AFRICAINE DES DROITS ET DU BIEN ÊTRE DE L'ENFANT
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