e) Information of children and promotion of their participation (articles
4, 7 and 12)
e1. Administrative, legislative and judicial measures:
The State took measures for the actual application of this right:
Ratification of the United Nations Convention on the Rights of the Child in its
article 12;
The African Charter on the Rights and Welfare of the Child;
The creation of juvenile courts;
The creation of the Youth Parliament by Order No. 0010/PAN of 16 April 2002;
The celebration of the Day of the African Child on 16 June every year;
The celebration on 19 and 20 November every year of the Day of the Prevention
of Abuse against Women and Children, and World Children‟s Day respectively.
Despite the existence of all these instruments, difficulties persist. In Niger, the child is
considered as a being who owes a duty of obedience and respect to his parents and
adults. His opinion does not count even in matters concerning him.
IV.
CIVIL RIGHTS AND FREEDOMS
a) Name, nationality, identity and registration at birth (art. 6)
a1. Administrative, legislative and judicial measures:
Niger legislation, through Ordinance No. 85-05 of 29 March 1985 defining the organization
and functioning of the civil status, lays down statutory birth registration formalities.
To prompt parents to declare births within the legal timeframes, this enactment provides
for penalties and fines in case of non respect of these timeframes and non facilitation of
declarations:
- The Penal Code, in sections 251 and 252, provides for and punishes the
failure to declare birth;
- The right to nationality defined in section 8 of Ordinance No. 84-33 of 23
August 1984 to institute the nationality code is in conformity with article 6
of the Charter: section 8 of the ordinance provides that any individual
born in Niger from a direct first degree ascendant born in Niger shall be a
Niger national;
- Section 10(1) also states that a child born in Niger of unknown parents
shall be a Niger national. But sub-section 2 thereof cautions that he may
lose it when his filiation to a foreigner is established.
a2. Limitations :
Despite awareness campaigns undertaken by the civil status services, associations and
NGOs, the population mostly rural dwellers, are ignorant of these instruments and the
usefulness of a civil status document. The State does not have adequate means for
sensitization.
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