The rights for which the withdrawal was ordered are transferred to the minor’s parents, to
accredited charities with public utility or appointed by order of the head of department, or to
the child care service.
But these measures may be modified by the court that ordered them, either automatically or at
the request of the public prosecutor or at the request of the child himself, the tutor, the
guardian or persons or institutions with which the child has been placed.
When the parents or one of them are in custody or serving a prison sentence, the child has a
visiting right. For this purpose, a permit to communicate is issued to him/her either by the
prosecutor or by the judge who is in charge of investigating the case, or by the President of
the Indictment Division.
The law 4 -2010 on child protection in the Republic of Congo, in particular Article 21
recognises the right of the child to keep regularly contact with both parents in case of
separation of the child from both parents or one of them.
B - 2 Children deprived of family environment (Article 20)
Special protection measures for street children, abandoned children and children at risk relate
to legislative, legal and administrative matters.
Legislative measures
The legislation on the protection of this category of children includes:
1. In its Article 33 the Congolese Constitution states, "any child without discrimination in any
form whatsoever, is entitled, on the part of his family, the society and the state, to the safety
measures required by his/her condition. "
2. Law No. 073/84 of 17 October 1984 of the Family Code, which, in Title IX includes
provisions relating to the food obligation and Title X, deals with the scope and exercise of
authority of fathers and mothers as well as educational assistance.
3. The Criminal Code considers as crimes or misdemeanors, depending on the severity, any
act intended to prevent or destroy the civil registration of a child, or jeopardise his/her
existence.
4. Law No. 009/88 of 23 May 1988 establishing a code of ethics of the professions of Health
and Social Affairs, in its Chapter IX on Social Affairs staff, defines the roles of the social
worker and the educator and their respective arears of action.
5. Law No. 4-2010 of 14 June 2010 on child protection in its Article 44 states, "In addition to
the rights of the child, abandoned orphans, children found, moved from the street, refugees,
asylum seekers, indigenous and albinos have the right to education, training and skills that
strengthen their autonomy and facilitate their integration, their participation in social life. "
Administrative measures
The government encourages individuals or legal entities to invest in the field of social
protection of children without family ties (street children, abandoned children) and children
at risk, in strict compliance with established rules. Retention or return to the family
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