81. In criminal cases, the Code of Criminal Procedure protects the best interests of
the child by stating in its article 337 bis that the plaintiff may directly summon an
accused person before the relevant court in the cases of family abandonment and child
no show. This principle is enshrined in the Code of Criminal Procedure in its chapter
relating to the rules on juvenile offender (article 444 and following) and the 72-03
ordinance of 10 February 1972 on the protection of children and adolescents.
82. In these two texts, actions are taken against the minor after assessing his
personality. Juvenile judges and assessors are selected based on their interest to
minors. The procedure is simple in order to achieve this goal (interest of the minor).
83. Several provisions of the Information Act No. 12-05 of 12 January 2012
specifically concern children, these are:
a. Allowing any institution working on human rights and child protection in a civil
action;
b. Professional confidentiality cannot be opposed by the journalist to the judicial
authority when the information relates to children or adolescents.
84. Articles 42 and 43 of the Civil Code provide that:
- "A person deprived of judgment because of his/her age or because of his/her
weakness of mind or dementia does not have the capacity to exercise their civil
rights."
- « Is deemed devoid of judgement, a child who has not reached the age of 13 years »;
"A person who has reached the age of discretion without being an adult, as the one
who has come of age while being profligate or suffering from imbecility, have limited
capacity in accordance with legal provisions ».
c) Right to life, survival and development (article 5 of the ACRWC)
85. The right to life, the basis of all human rights is enshrined in articles 34 and 35 of
the Constitution, which provide, respectively, that "the State guarantees the
inviolability of the human person. Any physical or moral violence is prohibited. "The
offenses committed against the rights and freedoms, and the physical or moral
integrity of the individuals are punishable by law": Title II of Ordinance No. 66-156
of 8 June 1966 in the criminal code deals with crimes and offences against persons
(murder, assassination, parricide, infanticide).
86. Infanticide is qualified by Article 259 as murder or assassination of a newborn
child. Paragraph 2 of article 261 provides for a prison sentence of 10-20 years for the
mother as primary perpetrator or accomplice of killing or murdering her newborn.
87. The right to life is also guaranteed to the child at all stages of his/her
development. Article 304 of the Criminal Code prohibits abortion unless it is an
essential measure to save the life of the mother in danger
88. Article 306 provides that if the perpetrator of the offense under article 304 is a
doctor, a midwife, surgeon, dentist, pharmacist, medical student or dental craftsman,
student or employee chemist, herbalist, nurse, masseur, masseuse and, that they have
recommended, encouraged or used ways to induce abortion, they shall be, as the case
may be, punished under either article 304 or article 305 which doubles the prison
sentence and the maximum term of imprisonment provided by article 304. A ban to
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