CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE Such employment is authorised, however, in the context of an apprenticeship agreement. The objective is to protect children from exploitation and from work that is harmful to their health (in accordance with Act 90-11 of 21 April 1990 dealing with employment relations). 338. Education. In 2005, Algeria achieved its objective of providing education to all children aged 6 years. Schooling up to the age of 16 years and over is compulsory and free; in this respect a rate of 93.85 per cent has been attained, of which 92.35 per cent are girls. Scholastic establishments accommodated 7 612 000 learners in the 2005–2006 school year, which represents a quarter of the Algerian population. An average student loss of 4 per cent was recorded over the past ten years. In 2005, this rate was 4.67 per cent, representing a total of 306 942 learners of which 106 590 were girls, for the primary, middle and secondary school cycles together (according to CENEAP, the National Centre for Studies and Planning Analysis). Algeria is in the process of developing its preschool system, which remains, however, to be improved and brought into general use. Currently more than 300 000 youths benefit from professional training in residential mode and apprenticeship training. Added to this are distance education and evening classes. 339. Protection and guardianship. In addition to the major institutional care programme for abandoned children, Algeria adopted a legal procedure for fostering orphaned children referred to as the “Kafala” (Chapter Seven of the Family Code) in 1984. In order to facilitate the best possible social integration of the orphaned child, Algerian legislation introduced provisions that enable the foster child‟s patronymic name to be combined with that of his or her guardian (Decree 92-24 of 13 January 1992). 340. The legal protection of children is guaranteed by law, namely Ordinance 66155 of 8 June 1966, Criminal Code of Procedure, which includes provisions relating to the delinquent child; Ordinance 72-03 of 10 February 1972 on the protection of children and adolescents; and Ordinance 75-64 of 26 September 1975 on the creation of establishments and services for safeguarding children and adolescents. These provisions are in addition to those incorporated in the legislation on employment, education and training. A part of the Code of Criminal Law is also devoted to the legal protection of children. On the issue of guardianship, section 87 of the Family Code provides that “the father shall be the guardian of his minor children; on his death, guardianship rightfully reverts to the mother”. In the event of the absence or incapacity of the father, the mother takes his place in performing acts of an urgent nature relating to the children. In the case of divorce, the judge entrusts the exercise of guardianship to the parent to whom custody of the children has been granted. Among the new measures adopted for the protection of children, it is worth noting the recent revision of the Family Code containing a provision on the establishment of paternity to clarify the filiation of the child. Moreover, a draft bill has been initiated on the establishment of paternity for the child who is not recognised by his or her parent, including by recourse to available scientific methods. 113

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