d) Social security and services and facilities for the development of
the child (article 20, a-c)
Social security
d1. Legislative, administrative and judicial measures
Article 19 of the Constitution imposes on parents the obligation to rear and educate their
children.
The CRC stipulates that the child has a right to benefit from social security, including social
insurance: article 26.
To ensure this protection, the National Social Security Fund was set up with headquarters
in Niamey and branch offices in the districts. It provides medical and ante natal care and
family allowances.
Article 18(2) of the Constitution enshrines the right of the mother and child to physical,
mental and moral health and imposes on the State and local governments the duty to
ensure same.
The CRC recognizes the right of any child to an adequate standard of living, as well as to
physical, mental, spiritual, moral and social development. The same article states that it is
the obligation, firstly, of parents and then, of the State to ensure same.
Section 260 of the Penal Code punishes desertion of the family and the home while
section 261 cracks down on non payment of alimony in case of divorce.
Ordinance No. 99-11 of 14 May 1999 also provides for the withdrawal of the child from his
family environment when his health, morality and education are jeopardized.
d2. Limitations
It is important to note that violation of this right emanates primarily from the State. In fact,
based on Niger legislation, only children with salaried parents enjoy social security
coverage, which is contrary to the provisions of the Charter and the CRC.
And even for these privileged few, the State does not regularly pay in its contributions on
account of the financial difficulties it is facing.
The majority of children from rural areas where parents are involved in trading are left out.
The only benefit in this regard is access to healthcare and ante natal consultations for all.
The social insurance system put in place by the private sector is not affordable for the
population, the majority of who are poor.
Daycare/nursery services:
These services exist only in urban centres and State structures are insufficient. On the
other hand, private establishments abound, but access thereto is limited because of their
high cost and the limited means of the population.
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