123.They must ensure that the physical and medical resources are allocated equally according to the social situation of patients in order to promote access to quality care to the so-called vulnerable groups b. Best interests of the child (Article 4) 124.Act No. 2007-023 of 20 August 2007 on the rights and child protection and Act 2005-014 of 7 September 2005 on the adoption explicitly provide for the best interests of the child successively in articles 410 and 5. 125.The recognition of this principle is included in inter country adoption which should be a last resort and after exhausting the various possible alternatives for the child's country of origin, namely the maintenance to its original family, kinship family or domestic adoption. It must, in all cases, be decided taking into account the best interests of the child. 126.At the level of the courts in both civil and criminal matters taking into account the best interests of the child is the rule especially regarding custody, placement or prosecution against a minor. c. The right to life (Article 5) 127.The Malagasy Constitution in Article 8 provides for the protection of the right to life of every individual including the child by providing that: "the right of everyone to life shall be protected by law. No one shall be arbitrarily deprived of his/her life. " 128.The protection of this right is also included for the simply conceived child through Article 19 which states that "the State recognizes and organizes for every individual the right to the protection of health from conception, by provision of free public care, since the free care results from the ability to provide national solidarity. " 129.Moreover infanticide was erected as a criminal offense punishable under the Penal Code. 130.Article 300 of the Penal Code states that "infanticide is murder or assassination of a new born child." The penalty is that provided for in article 302, which provides that "any person found guilty of murder shall be sentenced to death ..." 131.However, the mother as main perpetrator or accomplice in the murder of her new born child, shall be punished with hard labor, while this provision shall not apply to her co-perpetrators or accomplices. 132.On 24 September 2012, Madagascar signed the Second Optional Protocol to the 10 – Article 4 : « In all decisions concerning the child, the child's best interests must be paramount » – Article 5 : « In all actions concerning the child, his/her best interests shall be a primary consideration and determining » 22