- The exceptional nature of detention.
PART TWO : IMPLEMENTATION OF ARTICLES OF THE AFRICAN
CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD
1. Introduction
a. Obligation of Member States (Article 1)
71. In the Constitution, rights, freedoms and duties are enshrined in Title II.
Article 7. - "Individual rights and freedoms guaranteed by the Constitution and their
enforcement is organized by the law."
72. The Constitution prohibits arrest and arbitrary detention.
"For no one can be subjected to an arrest or detention except in the context of a legal
procedure under the Code of Criminal Procedure or other specific laws, and for qualified
crimes or offenses that are punishable of 'imprisonment. 5 ».
73. The new Constitution recognizes the exceptional nature of preventive detention 6.
74. Freedom of opinion and expression, communication, press, association, assembly,
movement, conscience and religion are guaranteed to all and may be restricted only
by respect for the rights and freedoms for others, and the need to safeguard public
order, national dignity and security of the State.7.
75. In exercising the rights and freedoms recognized by this Constitution, all individuals
are obliged to respect the Constitution, institutions, laws and regulations of the
Republic 8.
76. For better protection of children, the Malagasy legislation against domestic
exploitation considered as worst form of labor domestic employment of people aged
below 18 years. Which is more favorable provisions for the implementation of the
Charter.
77. Madagascar has made efforts to combat traditional or cultural practices which are
incompatible with the rights, duties or obligations covered by the Charter as set out in
Article 21, paragraphs 435 and 438 of this report.
5
Articles 9 and 13 of the Constitution : Article 9 : « All persons have the right to liberty and may not be
subject to arrest or arbitrary detention ».
6
Article 13 : « Preventive detention is an exception ».
7
Article 10 of the Constitution.
8
Art 16 of the Constitution.
15