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participation in the Regional Guidance and Counselling Programme for Girls and
Women in Africa in 1996;
the creation of a girls enrolment and women‟s literacy support programme within the
Education I / ADF (African Development Fund) Project in 1999;
the creation in 2000 of a National Directorate for the Promotion of Girls‟ Enrolment
and Training which coordinates all activities in this area;
Lastly, as part of the Special Programme of the President of the Republic, there are
plans to build 1,000 classrooms every year throughout the country
b) The best interest of the child (article 4)
With a strong sense of traditional and customary values, the Niger society does not give
prime consideration to this factor – the best interest of the child – when taking decisions
concerning children. In fact, children are considered as incapable because of their lack of
physical and intellectual maturity. Some parents promise their daughters in marriage at
birth. This decision is irrevocable even if later the girl wants to marry another of her own
free choice.
In the event of separation of their parents, children aged 0 to 7 are automatically entrusted
to their mother. From age 7, the father can demand custody of the child without
considering the best interest of the child. However, this practice retreats markedly in case
of divorce pronounced by a court. As Niger has ratified the African Charter on the Rights
and Welfare of the Child, the judge always considers the child‟s best interest in deciding to
grant custody. To further respect this best interest, he orders a social investigation to
determine which of the parents will be least qualified to assume such custody.
a) The right to life, survival and development (art. 5)
c1 Legislative, administrative and judicial measures:
The right to life is proclaimed by article 11 of the Constitution of 9 August 1999.
The Niger Penal Code, as amended by Law No. 2003-025 of 13 June 2003, punishes
violation of the right to life, whatever its form. Through this code, the right to life is
protected from conception to birth (sections 240, 251 and 295 of the Penal Code).
Thus, abortion, kidnap, abandonment, suppression and child abduction are considered as
misdemeanours provided for and punishable by law. Infanticide, for its part, is considered
as a felony.
To buttress this protection, the State introduced sex education in school curricula. The
youth are therefore aware of the dangers of STI/HIV/AIDS, abortion and methods of
contraception. It put in place an extended programme of immunization to reduce the rate
of maternal/infant/juvenile mortality and the nutrition division (malnutrition).
Lastly, Niger crafted an action plan on the survival, development and protection of the
child, 2004-2013.
To support the State in its efforts, NGOs conduct sensitization sessions on the harmful
effects of certain practices that threaten the life of the child. These practices include:
removal of the uvula, excision and unwanted pregnancies which often end in abortion or
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