40 As to the ill treatment of children article 362 paragraph 4 of the Family

40 as to the ill treatment of children article 362

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40. As to the ill-treatment of children, article 362, paragraph 4, of the Family Code authorized the person with paternal responsibility for the child to “reprimand and discipline the child insofar as that is consistent with the child’s age and conducive to the improvement of his or her behaviour”. That law could lead to excesses and she wondered whether there might not be other more acceptable forms of discipline which would take account of the principle of respect for the child’s physical and moral integrity. Congolese children clearly had no civil remedies or the possibility of making themselves heard or reporting the violations committed against them. Did the State party therefore plan to make the system whereby children could report sexual abuse applicable to ill-treatment? 41. Ms. TIGERSTEDT-TÄHTELÄ said that, according to reliable sources, it was difficult for human rights organizations to work in the Democratic Republic of the Congo and freedom of association was not respected, whereas the Government claimed that it maintained good relations with NGOs. What was the true situation? 42. She also wished to know whether the Democratic Republic of the Congo had an overall policy on the family, children’s education and the child’s say in decisions affecting him or her within the family. The National Youth Council had been created to promote the principles embodied in the Convention and to draw up a new child recovery and reintegration policy, in particular for young demobilized soldiers. Had that policy been assessed and, if so, with what results? 43. Mr. CITARELLA pointed out that the framework law of 29 September 1986 on the national education system, which made education compulsory for boys and girls until the age of 15, had never entered into force. Had the Government established a plan to provide free primary education, as it was obliged to do as party to the Convention on the Rights of the Child? 44. Mr. DOEK , referring to the large number of AIDS orphans and hence of families headed by children, asked whether the Democratic Republic of the Congo had a specific programme to strengthen the role of the extended family in order to help not only such orphans, but also children who had been abandoned or who were experiencing hardship. Had the Government put in place a policy to assist the 500,000 to 1 million children of refugees and reunite them with their families? Were there any specific programmes, either internationally supported or otherwise, for integrating such children into Congolese society or returning them to their country of origin? It was essential to ensure that there was no ambiguity about whether they would return to their country of origin or settle in their host country, in which case they must be enrolled in school and have access to services such as social security.
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  • Summer '16
  • Ramon Wawire
  • Republic, Democratic Republic of the Congo, Commercial sexual exploitation of children, Child abduction

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