Article 30 of the Constitution of Côte d'Ivoire provides for the equality of all citizens before the law, without
distinction of origin, race, sex and religion.
Moreover, some specific provisions in the laws are effective application of the non-discrimination principle
regarding the rights of children irrespective of their status.
Children born out of wedlock. Article 29 of Law No 64-377 of 07 October 1964 amended by Law No.
83-799 of 1983 on paternity and filiation states that children born out of wedlock whose filiation is legally
established have the same rights as legitimate children. In addition, Law No 64-379 of 07 October 1964
on successions stipulates in article 22: "Children or their descendants inherit from their father and mother,
grandfathers, grandmothers or other ascendant, regardless of gender or primogeniture even if they are
from different marriages or born out of wedlock. "
Under the same law (new art. 22), children born out of wedlock can only be recognised with the consent
of the legal wife.
In judicial practice, there is progress on the issue, to the extent that the legal wife has two years to
denounce the act of recognition, following which her statement will no longer be necessary for the validity
of the act.
Children born of incest. Article 24 of Law No 64-377 provides that "a child born of an incestuous
relationship can not be recognized, except however for his/her legitimation, if the marriage of his/her
parents was allowed." This could expose the child to the deprivation of his/her rights including the right to
a name. However, this is partially offset by the right to claim child support that is recognised in article 27,
paragraph 2 of the Act. Despite this, the mother may declare her child.
Children with disabilities. The orientation law n ° 98-594 of 10 November 1998 regarding disabled
persons enshrined equal opportunity and treatment for disabled children in all sectors of activity, a
principle that is confirmed by the Constitution in its Article 6. Unfortunately this law has not been followed
by an implementing decree that would make these provisions effective. In terms of education, the
Education Act has incorporated the principle of non-discrimination and "inclusive schools", which however
remains applicable only in respect of children with motor disabilities due to lack of specialists (special
needs educators, special needs teachers...).
An agreement between the Ministry for Education and the Ministry of Health also authorises any student
affected by the Buruli ulcer to return to his/her school upon healing.
In perspective, the implementation of the National Programme of Based Community Rehabilitation (PNRBC), planned in 2011, and the revitalisation of the inclusive education project (see 6.2) should be an
appropriate
response
to
combat
discrimination
against
this
vulnerable
group.
RAPPORT INITIAL SUR LA MISE EN OEUVRE DE LA CHARTE AFRICAINE DES DROITS ET DU BIEN ÊTRE DE L'ENFANT
27