III. General principles
a) Non discrimination (article 2 of the ACRWC)
50. The different constitutions adopted by the country since the independence have all
made provisions for equal rights, equal freedoms and duties for all citizens.
51. The Constitution emphasises in its preamble that it is above all and « it is the
fundamental law which guarantees rights and individual and collective freedoms ». It
aims to ensure legal protection and control the action of public authorities in a society
where legality and human being blossom in their entire dimension.
52. In its article 29, the Constitution states: « All citizens are equal before the law,
without it be any discrimination on grounds of birth, race, sex, opinion or any other
condition or personal or social circumstance »
53. Article 31 states that: « Institutions are intended to ensure equal rights and duties
of all citizens by removing obstacles which hinder the progress of the human person
and prevent the effective participation of all in political, economic, social and
cultural life»
54. Article 34 guarantees the inviolability of the human person and prohibits all
forms of physical or mental violence. This is complemented by Article 35, which
condemns the violation of human rights and freedoms as well as the physical or moral
integrity of the human person.
55. The child is explicitly mentioned in article 63, along with the family and the
youth, as a setting where respect of the right to honour, to privacy and to protection is
guaranteed.
56. Article 58 of the Constitution states that the family, a fundamental element of the
society and a natural environment, which guarantees a harmonious growth for the
child, enjoys the protection of the state and the society.
57. Moreover, Algeria is party to a number of international legal instruments which
make provision for rights that contribute to the respect of the dignity and physical
integrity of the human person.
58. In order to incorporate these provision at national level, Algeria has made sure
that it prohibited and eliminated all forms of racial discrimination, it endeavoured to
ensure equality for all before the law and enabled the implementation of different
rights regardless of race, colour, language and sex.
b) Best interest of the child (article 4 of the ACRWC)
59. This principle has been included in the whole national legislation and, in several
areas: education, health, legal protection and judiciary… etc., notably through the
child protection law, the Family Code and the Code of Nationality. As for the policies
recommended with regard to social development, the best interest of the child is
usually taken into account while developing these sectoral programmes and policies.
Moreover, budget allocations to different departments do not reflect the allocations
for children, except in the national education sector which has a budget solely
allocated to the improvement of children’s education.
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