Similarly, the government declared the implementation of specific actions of the national
strategic framework for vulnerable children including: (i) preventing situations of
vulnerability; (ii) the reactivation of legal tools (texts and protecting laws) and rehabilitation
of children in conflict with the law; (iii) support and strengthening of acquired assets such as
shelters for orphans and vulnerable children; (iv) the promotion of partnerships and private
initiatives.
The draft law authorising accession to the Convention on the Protection of Children and
Cooperation in Respect of Inter country Adoption initiated by the Ministry of Foreign Affairs
in 2007, after a temporary halt, has been put back in the administrative circuit for its adoption
and imminent promulgation.
Technical assistance of the Committee or UNICEF to conduct an evaluation of the practice of
the so-called informal adoption is sought, an evaluation that is expected to enable to grasp the
ins and outs of the issue and develop some proposed solutions.
D - Children victims of abuse and neglect
In the criminal Congolese legal system, abuse and neglect of children are vaguely defined
and punishable in the case of offences perpetrated against an individual or when considered
as violence or assault and battery, as appropriate, or in the form of child abandonment. These
offenses which are punishable by light criminal sentences, are merely, if at all, deterrent, to
the point that the abuse and neglect are unfortunately leading to the phenomenon of street
children.
Outside the court, there is not, strictly speaking any mechanism to collect, process and
investigate complaints regarding cases of child abuse. However, as it has been previously
reported, the perpetrators of abuse are brought to justice under the various conventional
offences.
This form of violation of children's rights could be countered through parental education such
as the rights of their children. In addition, the definition and determination of the elements of
these offenses, as well as the increase of the relevant penalties ceiling could ensure more
wisely, the rights of children victims of abuse and / or moral and physical neglect.
Strengthening the system of the protection of children's rights requires that UNICEF provides
technical assistance, including through the proposal of a mechanism model for the State Party
to take ownership. This approach can be seen in the context of a Decree to be taken pursuant
to Law No. 4-2010 of 14 June 2010 on child protection.
The application of the principles of preservation of the sensitivity of children and respect for
their privacy does not give entire satisfaction considering the level of the judges’ sentencing
and that other personnel dealing with disputes concerning children. It is essential to note the
lack, in the entire judicial system of Congo, of adequate management structures for children
litigation in accordance with the requirements of the CRC, as well as the lack of judges (from
both the bench and prosecution) working in juvenile courts, which could have benefited from
the slightest opportunity for capacity building in this area.
The government plans to negotiate a training programme with United Nations agencies in the
implementation of its five-year legal programme 2011-2016, the subject of the draft law that
was submitted to the Supreme Court for review on its constitutionality.
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