THE RIGHT OF THE WOMAN AND THE CHILD DOMAIN
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ORDER NO. 02-062/P-RM OF 05 JUNE 2002
bearing protection del code' child
THE PRESIDENT OF THE REPUBLIC,
Having regard to the Constitution;
Having regard to the Act N ° 02-012 03 June 2002 authorising the Government to take certain measures by orders;
Seen the Decree N ° 02-132/P-RM of 18 March 2002 on the appointment of the Prime Minister;
Seen the Decree N ° 02-135/P-RM of 19 March 2002 appointing the members of the Government, amended by the decrees N ° 02-160/P-RM of March 30, 2002, N ° 02-211/P-RM of 25 April 2002;
The Supreme Court heard;
RULING BY THE COUNCIL OF MINISTERS.
ORDERS:
PRELIMINARY TITLE: GENERAL PRINCIPLES AND FUNDAMENTAL DUTIES
CHAPTER I: GENERAL PRINCIPLES
ARTICLE 1er : In the Malian national identity and consciousness of belonging to the civilization, this code is designed to achieve the following objectives:
has) promote child in a manner which takes into account its specificities and in relation to its physical potential, his emotional tendencies, his intellectual capacities and know-how. In short, to establish a protection mechanism that ensures the preparation of future generations by taking care of children.
b) Raising the child in the sense of national identity and citizenship, fidelity and loyalty to Mali, land, history and achievements, and in the sense of belonging to a set of positive values of civilization at the national, subregional, regional and global level. In short, give to the child education permeates our culture humanistic and incorporates the opening to another, according to the requirements of scientific educational orientations.
c) Prepare the child for a free and responsible life in a solidary civil society, based on the indissolubility of the awareness of the rights and duties, in which the values of fairness, tolerance, participation, justice and peace prevail.
d) Enter the rights of the child, including its right to protection in the context of major national policy options, which are indispensable to the development of human potential of respect for human rights of every Malian, therefore a determining factor of national development.
e) Disseminate the culture of the rights of the child, make known its intrinsic features to ensure harmony and balance of his personality and develop his sense of morality, the meaning of respect for his parents, his family and social entourage.
f) Respect and strengthen the rights of the child, taking account of its interests in such a way that it acquires the virtues of the work of the initiative, the values of personal effort, the meaning of auto liability and responsibility vis-à-vis parents, society and the family group and ensure, by appropriate means, its participation in all respect.
ARTICLE 2: Child is, within the meaning of the present code, any human person less than eighteen years and which has not yet reached the age of majority by special provisions.
Section 3: The best interests of the child must be paramount in all of the measures taken in his regard by the courts, administrative authorities, public and private social protection institutions
Must be taken into consideration, with the child, physical and emotional needs his age, his State of health, the family environment and different aspects of his situation.
Section 4: Every child has the right to an identity from birth and to registration of his birth.
The identity is incorporated, first name, name, family, date of birth and nationality.
Section 5: Any child has the right to respect for private life, without prejudice to the rights and responsibilities which are licensees, under the Act, the parents or those who load.
ARTICLE 6: In all measures taken against the child, the action of prevention in the family must be a primary consideration to preserve the family role and strengthen the responsibility of the parents or guardian or custodian, in the education of the child, education and guidance by a protection necessary to its natural development,.
Section 7: Any decision taken should seek to maintain the child in its family environment and avoid the separation of his parents, except if it appears to the judicial authority that such separation is necessary to safeguard the best interests of the child.
The said decision must guarantee the child the right to continue to benefit from the different living conditions and services adapted to its needs, its age and compatible with the normal family environment.
Section 8: In all measures taken against the child, one who has the responsibility to intervene, informs the child and its parents or those in charge, the detailed content of the different stages and all rights and guarantees enshrined in the law in their favour, including their right to be assisted by counsel or request the revision or the information of the decisions taken in the matter.
ARTICLE 9: Every child has the right to freely express their opinions should be taken into consideration in accordance with his age and maturity. To this end, will be given to the child a special opportunity to express its views and be heard in all judicial proceedings and social and educational measures concerning his situation.
Section 10: Every child separated from his parents or of one of them, has the right to remain in regular contact and maintain personal relationships with both parents as well as with the other members of his family, unless the competent court decides otherwise in view of the best interests of the child.
Section 11: Any offender, child has the right to benefit from a treatment that protects his honour and his person.
Section 12: The present code, based on humanitarian principles and fairness, States, on the phenomenon of child offenders, adequate solutions prior to the intervention of the organs of criminal justice. Priority is given to preventive and educational means. It is recommended to avoid as far as possible recourse to custody, pre-trial detention as well as the deprivation of liberty.
ARTICLE 13: This code establishes the referral and the procedure for oneself through mediation, as well as the participation of the services and institutions concerned with children in the decision-making and in the choice of measures compatible with the best interests of the child.
ARTICLE 14: The child placed in an educational institution of protection or re-education, within the meaning of article 65 of this code, or in a place of detention, is entitled to health, physical and moral protection. He also has right to social assistance and education, while considering its age, its sex, its potential and its personality.
Section 15: During the execution of preliminary detention or sentence in an institution, the child is entitled to a periodic and limited permission will be granted given her best interests and in accordance with the texts that govern the institution concerned.
ARTICLE 16: The disabled child has the right, in addition to the rights recognized to children, protection and medical care as well as a degree of education and training that strengthens its management supports and facilitates its active participation in social life.
ARTICLE 17: The child enjoys all the guarantees of international humanitarian law cited by the conventions ratified.
Il is prohibited to engage or involve the child in armed conflict, or him enlist in the forces and armed groups before the age of 18.
ARTICLE 18: It is prohibited to carry the child in the various forms of crime, including the fact of him charge fanaticism and hatred and encourage him to commit acts of violence and terror.
Section 19: Children with father, mother or ascending to which it can use or that are totally abandoned by their parents or ascending are placed under the responsibility of competent State services which cater to their education and their care.
In addition to the educational institutions of protection or re-education public, they may be entrusted to families, in the absence, admitted to educational institutions for the protection or re-education private for children.
They can also be the subject of national or international adoption. Any authorization of international adoption ensures that the best interests of the child is paramount in the circumstances.
ARTICLE 20: Every child has the right to:
has) a school attendance of a minimum of nine years. The application of this law will need to be the Act of orientation on education and its subsequent texts;
b) employment fifteen years in accordance with the relevant provisions of the labour code and its subsequent; texts
c) immunization against diseases of the expanded programme of immunization. This obligation, whose precise by regulation, the modalities of implementation is the responsibility of the parents and the State;
d) protection against any publication or distribution of its image that would not its integrity, its honour and privacy;
e) a substantial food hygiene.
CHAPTER II: THE CHILD'S FUNDAMENTAL DUTIES
Chapter 21: Every child has duties towards his parents, his family, society, the State and any other community legally recognised as well as to the international community.
The child, according to its age and its capabilities, and subject to the restrictions contained in this code, has the duty:
has) to respect his parents, superiors and older persons in all circumstances and, if necessary, to assist;
b) to respect the identity, language and national; values
c) to respect the environment and the quality of life for all;
d) to respect the constitution and laws of the Republic;
e) to respect the rights, reputation and honour of others;
f) to work for the cohesion of his family and for the good of the national community by placing its capacity physical and intellectual at his disposal;
g) to work for compliance with the rights of man and of the rights of the child;
h) to work for the preservation of public order, health and morality in public;
i) to work towards the preservation and strengthening of the solidarity of society and the nation;
j) to work for the preservation and strengthening of national independence and the territorial integrity of the country;
k) to contribute to the best of his abilities, in all circumstances and at all levels, to promote and to the achievement of the unit. African
TITLE 1: EQUALITY OF RIGHTS
CHAPTER I: THE RIGHT TO EQUAL TREATMENT
SECTION 1: DEFINITIONS
ARTICLE 22: Within the meaning of this code refers to:
has) "because of disability": because there are alleged or real, current or previous, one of the following assignments:
- any degree of physical disability, infirmity, malformation or disfigurement due to injury, congenital abnormality or disease, and, in particular, diabetes mellitus, epilepsy, any degree of paralysis, amputation, motor incoordination, blindness or Visual impairment, deafness or hearing impairment, muteness or a disorder of speech, or even the necessity of a guidea wheelchair or other apparatus or device patch.
- A State of disability or mental impairment;
- An injury or disability for which permanent care are required;
- A mental disorder;
- A learning or dysfunction of the spoken language, one or more of the processes of understanding or the use of symbols;
b) "equal": subject to all requirements, qualifications and considerations that are not a prohibited ground of discrimination.
c) "family status": being in a parent-child relationship.
d) "marital status": fact of being married, single, widowed, divorced or separated.
e) "harassment": for a person to make remarks or vexatious management when it knows or reasonably ought to know that these gestures or remarks are unwelcome.
f) "sex": the right to equal treatment without discrimination based on sex includes the right to equal treatment without discrimination based on the fact that a woman is pregnant or may become.
g) "discrimination": any distinction on grounds relating to personal characteristics of an individual or group of individuals in order to impose this individual or group of individuals of the burdens, obligations or disadvantages not imposed upon others.
h) "direct discrimination": Discrimination on a prohibited ground of distinction.
i) 'indirect discrimination': Discrimination arising from the consequences of a lawful ground of distinction, not the ground itself. Discrimination which lies not in the required quality or the required test but that resulting from the consequences of their application.
j) 'discrimination for reasons based on the association': Discrimination against a person because of his association, relationship, or his company with an individual or group of individuals who is the subject of a distinction for a reason. illicit
k) "public to infringe a right intention": fact to publish or to expose or to publish or exhibit in public an opinion, a sign, a symbol, an emblem or other similar representation that indicates the intention to infringe a right under this title or is designed to encourage the infringement of such right.
SECTION 2: THE PROHIBITION OF DISCRIMINATION
ARTICLE 23: Any child has the right to services, goods or facilities equal treatment without discrimination based on race, place of origin, colour, social origin, citizenship, belief, sex, age, marital status, family status or handicap.
Section 24: Any child regardless of his physical or mental state must constitute a ground of discrimination of his parents in the occupation of a dwelling.
Section 25: Occupier of housing children have the right to live there without be harassed by the owner or his agent or an occupant of the building for reasons based on race, place of origin, colour, social origin, citizenship, belief, age, marital status, family status, State of social assistance or a disability.
ARTICLE 26: Any child aged sixteen or seventeen years, with parental, permission has left the home or the family home has, by way of derogation, of legal capacity for contracts of accommodation, without discrimination based on the fact that it has less than eighteen years.
Section 27: A housing entered into by a child sixteen or seventeen years of age who, with parental, authorization has left the home or the family residence is enforceable against that child as if it had eighteen years.
Section 28: The occupant of housing less than 18 years has the right to live without be harassed by the owner or his agent or an occupant of the building because of the sex.
Section 29: All children enjoying legal capacity (emancipated) has the right to conclude contracts on equal terms, without discrimination based on race, place of origin, colour, social origin, citizenship, belief, sex, age, the marital state
Section 30: Any child aged fifteen years has the right to equal treatment with respect to employment without discrimination based on race, place of origin, color, citizenship, belief, sex, age, marital status, family status or handicap.
Section 31: Any employee under 18 years of age has the right to be free from any harassment in the workplace by the employer or agent thereof or another employee for reasons based on sex, race, place of origin, colour, social origin, citizenship, belief, age, marital status, family status or disability.
Section 32: Any employee under 18 years of age has the right to be free from any harassment at work by his employer or an agent thereof or another employee.
Section 33: Any pupil or student under 18 years of age has the right to be free from any harassment at school or other place of education or professional by administration staff, management and educational support, by teachers, parents of pupils, students or students.
ARTICLE 34: Any employee under 18 years is entitled to equal treatment with respect to membership in a trade union or an association commercial or professional or registration in the exercise of a stand-alone profession, without discrimination based on race, place of origin, colour, social origin, citizenship, belief, sex, age, marital status, family status or a disability.
Section 35: Every child has the right to be safe:
has) solicitations or sexual advances from a person in a position to grant or to deny a benefit or a promotion.
b) Of reprisals or threats of retaliation for having refused to access solicitations or sexual advances if these reprisals or threats come from a person in a position to grant or deny a benefit or a promotion.
Section 36: All children whose filiation is legally established remain equal in rights and duties for parents without discrimination based on origin of filiation or sex.
The enjoyment and the exercise of the prerogatives of the person and property of the minor child are established for the benefit of parents without any discrimination during and after the life of the household.
Section 37: Any child, failing his representative has the right to assert and enforce the rights that recognizes it this code.
Section 38: No person shall infringe a right recognized by this Code or do, directly or indirectly, anything that infringes such right.
No person shall do any act that indicates the intention to infringe a right recognized by this Code or the object would be to encourage such infringement, under penalty of sanctions.
Any direct or indirect infringement of a right recognized by this Code undertake the civil liability of the authors, natural or legal persons, without prejudice to possible criminal prosecution.
Any act likely to lead to the infringement of a right recognized by this Code shall be liable to a fine of 30,000 F to 300,000 F and, for a subsequent offence, to imprisonment for 2 to 6 months.
CHAPTER II: POSITIVE DISCRIMINATION
ARTICLE 39: Is not infringed a right, recognized in this title, to equal without discrimination based on age treatment the fact that the age of eighteen years or more is a requirement, required quality or a consideration for the purpose of the exercise of certain rights individuals.
ARTICLE 40: Is not an infringement of a right, recognized in this title, to equal treatment without discrimination based on citizenship that Malian citizenship is a requirement, required quality or a consideration when the legislation imposes or allows such requirement.
Section 41: Is not an infringement of a right, recognized in this title, to equal treatment without discrimination based on citizenship that Malian citizenship is a requirement, required quality or a consideration taken to promote and develop the participation of citizens Malian cultural, educational, trade union activities or sports.
ARTICLE 42: Is not an infringement of a right of a person recognized by this title that this person is unable, because of disability, to perform the obligations or to meet the essential requirements inherent in the exercise of this right.
ARTICLE 43: Is not an infringement of the right to equal treatment in services and facilities, with or without housing, the fact that a body or a group of religious, philanthropic, educational, social or mutual assistance whose main objective is to serve the interests of children identified by a prohibited discrimination ground, accept that children thus identified as members or participants.
Section 44: Does not constitute an infringement of the right to equal treatment in services and installation without discrimination based on sex restricting these services and facilities to persons of the same sex for reasons of decency and security.
Section 45: Do not constitute an infringement of the right to equal treatment in services, goods and facilities without discrimination based on age, the provisions on the prohibition of the sale and supply of alcohol to children under the age of eighteen years.
ARTICLE 46 : Do not constitute an infringement of the right to equal treatment without discrimination based on age property, the provisions regulating the use of tobacco and relating to the sale or supply of tobacco to anyone who is or appears to be less than 18 years of age.
Section 47: Does not constitute an infringement of the right to equal treatment in services and facilities the fact that a recreation club limited access to these services or facilities or gives preference in regard to membership dues or other fees for reasons based on age, sex, marital.
ARTICLE 48: Does not constitute an infringement of the right to equal treatment in employment is:
has) that an organization or a group of religious, philanthropic, educational, emergency mutual or social whose main objective is to serve the interests of children identified by race, place of origin, colour, social origin, belief, sex, age, marital status or disability employs that identified children or give them preference if this qualification is required as is reasonable and in good faith given the nature of the employment;
b) that employment discrimination based on reasons based on age, sex, marital status, age, sex, marital status of the candidate is a required quality which is required as is reasonable and in good faith account bound to the nature of the employment;
c) that an individual refuses to employ a person under 18 years for reasons based on a prohibited discrimination specified if the main functions related to employment are to provide care medical or personal to an individual or his or her spouse, sick children aged, infirm or ill parent.
ARTICLE 49: Is not an infringement of a right under this title in implementing a special programme to alleviate hardship or an economic disadvantage or to help people or disadvantaged groups enjoy or try to enjoy equal opportunities, or which will promote probably the Elimination of an infringement of rights recognized by the present title.
However, any person on the basis of an interest may seize the Court to rule on the conformity of the special programme relatively to the requirements described in the preceding paragraph.
The tribunal may declare:
- either that the special program, as defined, does not meet the requirements; in this case, it will indicate the changes it deems appropriate to meet the requirements;
- either the special program, as defined, meets the requirements.
TITLE II: PROTECTION OF THE CHILD IN DANGER
CHAPTER I: DEFINITIONS
ARTICLE 50: Are considered, in particular, difficult situations threatening the health of the child, its development or its physical or moral integrity:
has) the loss of the parents of the child remains without family; support
b) the child collected, abandoned and found;
c) exposure of child neglect and vagrancy;
d) the lack known and continuous education and protection;
e) the poor treatment regular of the child;
f) the exploitation of the child, whether boy or girl;
g) the exposure of the child from abuse;
h) the exposure of the child to begging and economic; operation
i) the exploitation of the child in crimes organized;
j) the exposure of the child in a situation of conflict armed;
k) exposure of children to practices having a negative impact on his health;
l) the inability of parents or of those who have the charge of the child to ensure his protection and his education.
ARTICLE 51: Is considered as "negligence" in danger of mental integrity or psychological or physical child either by his abandonment by his parents, without just cause in a place or a public or private institution, or by the abandonment of the family home by the parents for a long period without providing the necessary amenities to the child, either by the refusal of both parents to receive the child after a judgment on custody, either by the refusal to treat him and ensure his good treatment, or by the emotional rejection serious and/or continuous of the child by its parents.
Section 52: Is considered "collected child" by a public or private institution or by an individual any child whose parents, guardians or any other person responsible for his custody clearly disinterested since more than a year. May be declared abandoned by the judge of children unless a parent has requested within the same timeframe to ensure the load and that the judge found this application in accordance with the interests of the child.
Section 53: Is considered "foundling", the new - born collected by an individual, a public or private institution whose father and mother have been identified.
ARTICLE 54: Is considered as a situation requiring the intervention, the vagrancy of the child remains without follow-up training, because of the refusal of one who is responsible for his education or custody, enter it in an institution recognized by education or training or learning institution or to an educational protection or re-education institution
ARTICLE 55: Is considered as a "notorious education and protection lack" requiring intervention, the habit of letting the child without control or monitoring and waiver to advise and guide, or ensure its position as the child in the street and the child of the street.
Section 56: Is considered "bad usual treatment", requiring intervention, the bid of children to torture, and repeated violations of physical integrity, or detention, or habit of depriving him of food or commit any act of brutality that is likely to affect the balance emotional, psychological or physical child.
ARTICLE 57: Is considered as "sexual exploitation" of the child, whether boy or girl, requiring the intervention, its bid in acts of prostitution, indecent infringement, pornography and paedophilia or for hire or free of charge, directly or indirectly.
Section 58: Is considered as "economic exploitation", requiring the intervention, the exposure of the child to begging, trafficking, or because of the load of work likely to deprive him of his schooling, or that is harmful to his health, development or physical or moral integrity, or employment purposes and/or contrary to the present conditions code.
ARTICLE 59: Is considered "cases of incapacity of the parents, guardian or the person responsible for the custody or protection" requiring intervention, including the change in the behaviour of the child to develop failure control and follow-up, his addiction to leave the home without informing or consult, his absence without warning, or his studies without reason premature abandonment.
Section 60: Is considered "street child" all minor, urban, less than 18 years of age resident who spends all his time on the street, working or not, and which has little or no relationship with his parents, guardian or the person responsible for his care or protection. The street remains the framework exclusive and permanent of this child's life and the source of its livelihood. The street means a place other than a family or a host institution, such as public or private buildings including buildings, course, sidewalks.
Section 61: Is considered "child in the street" any minor aged less than 18 years who spent much of his time in the street working or not and which maintains with his parents, guardian or the person responsible for his custody or its protection.
Section 62: Begging is as exclusive or main activity and that is to appeal to the public charity to procure or means of subsistence. It is a dehumanizing child and opposed to the realization of its rights.
ARTICLE 63: Child trafficking is defined as the process by which a child is moved to the inside or outside a country under conditions that transform the value market for one at least of the people in the presence and regardless of the purpose of the movement. Any act involving the recruitment, transport, receiving stolen goods and the sale of children are considered as an element of trafficking in children.
ARTICLE 64: Sexual abuse of children, requiring intervention, means its bid to sexual contact or by any person in authority or trust, or by any person for which it is in a situation of dependency.
Is considered sexual contact for any referred to above person to commit or to incite the child to the touch, touch or affect a third party directly or with a part of the body or with an object indirectly for sexual purposes.
ARTICLE 65: Within the meaning of this code are called "protective or rehabilitatory educational institutions", the institutions and home and placement for children, institutions of listening, orientation and/or accommodation for children, borstal institutions.
CHAPTER II: THE DELEGATE HAS THE PROTECTION OF THE CHILD
Section 66: A delegate to the protection of the child is named from each High Commissioner region and the district of Bamako.
ARTICLE 67: Delegate to the protection of the child has for mission to intervene in all cases where he proves that the health of the child or his physical or moral integrity is threatened or moral is threatened or exposed to a danger to the environment in which he lives or activities, acts he was doing, or because of the various abuse he suffers, and in particular in difficult situations provided for in article 50 of the present code.
ARTICLE 68: Delegate to the child protection has, to this effect, prerogatives that legally empower it:
has) to listen to the child and his parents about facts reported;
b) to conduct investigations and to take measures appropriate to the child;
c) to take, on the basis of social, surveys the appropriate preventive measures for the child;
d) to prepare a report on the actions it finds against children which he submitted to the judge of the children.
ARTICLE 69: Delegate to the protection of the child has the powers of police officer judicial and, this exclusively, in the discharge of its function. Judicial police powers are exercised under the conditions and limits specified by this code.
ARTICLE 70: The child protection delegate must before entering service, the oath below before the territorially competent court of first instance: "I swear to perform my duties with honour and integrity and to ensure respect for the law and professional secrecy".
Section 71: The child protection officer is appointed by decree issued by Council of Ministers.
Section 72: An order made by the Council of Ministers sets the details of the responsibilities of the delegate to the protection of the child.
CHAPTER III: OF THE DUTY TO REPORT
Section 73: Any person, including one who is held incommunicado professional, is subject to the duty to report to the delegate to the protection of the child everything that may constitute a threat to the health of the child, its development, its physical or moral integrity within the meaning of the provisions of article 51 of the present code.
The child himself may report to the delegate to the protection of children's status or that of any other child.
ARTICLE 74: Persons are required to assist any child who appears to them to see or to inform the delegate to the protection of the child or to report the existence of a difficult situation which threatened or threatens one of his brothers or any other child referred to in article 51 of this code.
Section 75: No person shall be searched, arrested or prosecuted in the courts for having done in good faith the duty to report provided for in the previous provisions
Section 76: It is prohibited to any person to disclose the identity of those who fulfilled the duty to report except with his consent or in cases provided for by the Act.
CHAPTER IV: JUDICIAL PROTECTION
ARTICLE 77: The judicial child protection is ensured by the courts for minors.
The juvenile courts are:
- children judge
- the children's Court
- the Special Chamber of the Court of appeal minors
- the Court of Assizes of minors.
SECTION 1: OF THE REFERRAL TO THE CHILDREN JUDGE
Section 78: Children is judge of the situation of the child threatened a written request or not emanate:
- jointly the parents or one of them;
- the guardian or the custodian of the child;
- the Public Ministry;
- delegate to the protection of childhood;
- public services responsible for the child;
- public services responsible for social action;
- organizations defence or protection of the rights of the child;
- of the child;
- public or private institutions individuals who gathered the abandoned child.
The juvenile judge can take office in the cases provided for in article 50 of the code.
ARTICLE 79: The children judge receives the information and reports, ensures the collection of data and convenes every person useful to illuminate the actual situation of the child.
It can assist them in their duties by officers of the public services responsible for the child and social action of its spring.
Section 80: Children, before ruling, the judge may authorize a provisional measure, following a report from the delegate to the protection of the child regarding the need to remove the child from his family to safeguard its interest. This interim measure is revised monthly.
ARTICLE 81: When the children judge entrusts to the delegate to the child protection mission to continue investigations and collection of data on the actual situation of the child and to determine its needs, the latter will be required to present his mission report within a period not to exceed one month, except where the interests of the child requires an extension will be granted by the judge of the children.
ARTICLE 82: The children judge can load the police authorities of the collection of information concerning the conduct and behaviour of the child. It may also order a medical examination or psycho-clinic the child or any method deemed necessary to determine its needs.
Section 83: The children judge sovereignly appreciates the results of the research and reports submitted to.
When the interest of the child so requires, the children judge can take him away from his family and allow provisional decision to submit it to the guardianship, while forcing parents to participate in support of its expenditures pursuant to section 103 of the present code.
The enacted measure is executed notwithstanding appeal or objection.
Section 84: Judge of children ensures the monitoring of the situation of children placed under guardianship with the help of the delegate to the protection of childhood and its services and specialized social organizations.
SECTION 2: MEASURES
ARTICLE 85: The judge conducts the hearing of the child and his parents, guardian or custodian.
Il received the comments of the representative of the Crown, the delegate to the protection of children, and in need of counsel. He may decide argument out of the presence of the child, if the interest thereof. In this case, the representative of the child must participate in the hearing.
ARTICLE 86: The children judge may decide for a specified time period one of the following measures:
(a) maintaining the child with his family under parental responsibility;
(b) maintaining the child with his family and empower the delegate to the protection of the child for monitoring of the child and for the support and direction in the direction of the family;
(c) submit the child to medical or psychological control or entrust it to a facility medical or psycho-educational;
(d) place the child under the guardianship or contracting a family or an institution of public or private specialized education, an educational institution of protection or re-education appropriate;
(e) place the child in an appropriate training centre or a school;
(f) in the case of the abandoned declared child delegate parental authority to any person likely to interest the child or an educational institution.
(g) in the case of the foundling, the judge child, advised by public or private institutions and individuals who have collected the child statue on provisional measures of care and protection.
SECTION 3: REMEDIES
Section 87: Decisions of the judge of the children are likely to use other than those referred to in the article section 92
The right of appeal and opposition belongs the child can exercise it himself or by his legal representative or his Council, the delegate to the protection of children, the parents, guardian or custodian of the child. The appeal is sent to the children's Court within fifteen days of the pronouncement of measures.
The Special Chamber of the Court of appeal minors is competent to hear the appeal against the measures taken by the children's Court. Determination within a period of forty five days from the date of the presentation of the appeal.
The appeal is examined by the Supreme Court following the rules in force.
ARTICLE 88: The measures enacted by the juvenile judge are enforceable notwithstanding appeal or objection.
SECTION 4: MONITORING AND REVIEW
ARTICLE 89: The children judge is bound to follow the execution of all measures and provisions that he has decided on the child. He will be assisted in this by the territorially competent child protection officer.
ARTICLE 90: The children judge, consider the best interests of the child, may revise the measures and provisions taken from the child. The application for review is presented by the guardian or custodian or the child itself, when it is capable of discernment.
Section 91: The children judge statue on the request for reconsideration within fifteen days of its presentation and following the procedure referred to in article 85 of the code.
ARTICLE 92: The decisions are likely to any way of action.
Section 93: Lists setting institutions empowered to support children and families will be prepared by the Ministers responsible for the child and the action.
ARTICLE 94: The costs of educational assistance measures are, in all cases, the responsibility of the non-indigent parents to which food may be claimed.
When one of them exercising a profession or a job, the mere notice of the decision taken by the judge of the children or the children's Court notified the employer or to the paying agency is attachment.
This notice requires the direct payment to the benefit of the person or institution providing educational, medical assistance or psycho - educational.
TITLE III: PROTECTION OF THE CHILD OFFENDER
CHAPTER I: RESPONSIBILITY PENALE, LEGAL WARRANTIES AND RIGHTS OF THE CHILD OFFENDER SPECIFIC
SECTION 1: THE CHILD'S CRIMINAL RESPONSIBILITY
ARTICLE 95: Criminal majority is set at 18 years.
ARTICLE 96: The age of the child is determined from the date of the commission of the offence.
ARTICLE 97: In a prosecution under the regime of this title the birth certificate as well as certified copies are faith of the age of the minor.
Registration or the words recorded in the registers or records of a public institution or private licensed fact faith of the age of the minor offender provided that such registration or reference is prior to the commission of the alleged acts.
In the absence of any document, the age can be determined by deduction from the physical appearance or of the statements made by the person concerned or his parents, guardians, custodians, in investigations.
ARTICLE 98: Less than thirteen years old child is presumed irrebuttably have not the capacity to infringe the penal law, this presumption becomes rebuttable for children aged more thirteen years and under 18 years.
When the accused or the accused will be less than 13 years, it will be released or acquitted as having acted without discernment.
When the accused or the accused will be more than 13 years and 18 years of age, he will be acquitted or discharged if it is decided that he acted without discernment.
In the cases provided for in the preceding paragraphs, the minor will be released to his parents or an institution of education specialized public or private to the time that the judgment determines who, however, may exceed its 18 years of age.
ARTICLE 99: The children over age 13 years and 18 years of age, which is charged an offence characterized as violation, offence or crime, are referred to the criminal courts of common law. They are justiciable to the juvenile courts.
ARTICLE 100: This code establishes the mediation which has the effect of ending the prosecution and including timeliness, as prosecution and whose opportunity, such as prosecution, belongs to the public prosecutor and justice of the peace.
Section 101: The constitution of civil party is admitted in the courts for children. Cases, the civil action is brought before:
- the children judge;
- the children's Court;
- the Special Chamber of the Court of appeal minors;
- the Court of Assizes of minors.
Section 102: The territorial jurisdiction of the Court to seize determines by:
- the residence of the parents, guardian or custodian of the minor;
- place of commission of the offence;
- the place where the minor has been found or arrested;
- the place where it was placed either provisional or final.
The Court may decline jurisdiction in favour of another court of the same order, if required in the interest of the child.
Section 103: The courts for minor vote following the case, measures of protection, assistance, monitoring and education which seem appropriate.
They may, when record is committed and the personality of the child appear them require it, decide on the child a criminal sanction.
SECTION 2: JUDICIAL GUARANTEES AND RIGHTS OF THE CHILD OFFENDER SPECIFIC
Sub-section 1: Conditions of deprivation of liberty
ARTICLE 104: As soon as a juvenile is apprehended, he will be informed promptly and in detail of the facts alleged against him, the right to the assistance of a Council, of the right to the presence of a parent or guardian.
Section 105: The Judicial Police officer shall inform the parents, guardian or custodian of the minor immediately or if it is not possible in the shortest time of the facts.
Section 106: Less than 15 years old child can be placed in custody in view.
Section 107: The children aged 15 years or more, against which, have been combined indices serious and concordant conviction of a crime or an offence, may be available to the officer of judicial police with the prior agreement and under the control of the Prosecutor of the Republic or of the judge child.
Considered detention could not exceed 20 hours except extension specifically authorized by the Prosecutor or a judge of the children for a period which may not exceed 10 hours.
The minor will be separated from adults in places of custody.
Section 108: The minor more 13 years of age cannot be held provisionally in a House of judgment by the judge of the children that if this measure seems essential or even if he considers it impossible to take any other provision.
In this case, the minor is detained in a special area for a period which cannot exceed three months if the proceedings relate to a tort and a year when legal proceedings are carried out at a crime. It must inevitably be separated from other inmates during the night.
The minor has the right to receive health care and the assistance of social services, adequate education and protection services.
ARTICLE 109: Any breach of the provisions of articles 104 to 108 exposes its author to administrative sanctions.
Sub-section 2: Conditions of fairness of the trial
Section 110: The minor suspected or accused of criminal offence is presumed innocent until to that his guilt has been legally established.
Section 111: At first appearance, the children judge is required to report to the minor him will be designated a defender of office to the case or he and his parents would not have the possibility to constitute.
At the same time, he will be indicated that it will communicate in confidence with the Council constituted, established or designated.
Section 112: The children judge informed prosecution parents, guardians or known guard to which he will communicate the name of committed defender which can be either a lawyer designated by the Bâtonnier of the order of lawyers or failing any physical or legal person showing interest in the problems of childhood.
Section 113: Any breach of the provisions above results in the nullity of the procedure.
Sub-section 3: Rights and specific interests of the child
Section 114: The minor has the right to be informed of any decision or measures affecting its rights.
ARTICLE 115: No information that could lead to the identification of the minor must be published.
ARTICLE 116: Decisions concerning minors of 13 years are not included in the locker judiciary.
ARTICLE 117: The clerks will hold a special registry not open to the public, which will be listed all decisions concerning minors over 13 years and under 18 years.
ARTICLE 118: These decisions may be disclosed only to the judicial authority and during the minority of those who have been the object.
However, an excerpt from the decision entrusting a minor to a person or to a charitable institution is notified to the person or institution concerned.
ARTICLE 119: The courts for children and all persons required by them shall, to the extent possible, ensure respect for the integrity of the families and the privacy of the child in the constitution of the social record.
ARTICLE 120: The publication of the minutes of the preliminary inquiry, the record of the proceedings, judgments for children in the book, the press, radio, cinema, television or in a few ways that it is prohibited. The publication by the same processes all text or all illustrations concerning the identity and personality of minors is also prohibited.
Violations of these provisions will be punished by a fine of 30,000 to 300,000 Francs and, for repeat offences, imprisonment for two months to two years.
However in case of need and express authorization of the President of the Court, the judgment may be published without the name of the minor can there be indicated by an initial under penalty of sanctions specified in the preceding paragraph.
CHAPTER II: OF THE MEDIATION
Section 121: Mediation is a mechanism which aims to conclude a conciliation between the child author of an offence, or his legal representative, with the victim or his legal representative or its successors.
Mediation is designed to stop the effects of criminal proceedings, to ensure the repair of the damage caused to the victim, to put an end to the disorder resulting from the offence and contribute to the reclassification of the author of the offence.
Mediation is including an agreement on the basis of one or more of the following alternatives:
-compensation;
-physical repair;
-return of property stolen;
-work of general interest;
-Express apologies presented in verbal or written to the victim;
-compensation for the damage caused to property.
Section 122: The decision to resort to mediation rests with the Attorney of the Republic.
The child or the victim, or their respective legal representative, may request. In the case of joint application, mediation cannot be denied to individuals.
Mediation is not permitted if the child is being prosecuted for crime, sexual offence or offence of breach of public goods.
Section 123: The mediation request is presented to the Prosecutor of the Republic either by the child or his legal representative
The Prosecutor of the Republic may, in all cases, conduct himself in criminal mediation or delegate all or part of the task to a penal mediator designated, by his care, among the officials in charge of the child or social action or the personalities of civil society whose interest for children and skills are recognized.
His mission, before the criminal Ombudsman will lend, and writing submitted to the Attorney, the oath to run with "honour, probity and neutrality and secrecy with regard to the facts submitted to it in all circumstances".
Section 124: The criminal Ombudsman's mission is to assist the parties in dispute to find a solution accepted by them and which must not be contrary to ordre public or morality. The Penal mediator if necessary control the execution of commitments.
The attempt of criminal mediation must intervene within thirty days of the referral to the Ombudsman. The record noting the agreement and the report of the Ombudsman prepared to this effect are transmitted immediately to the Prosecutor of the Republic which, in the shortest time submits them to the Court for approval.
Penal mediation fails, the Ombudsman address his report to the Attorney of the Republic. The latter sovereignly appreciates the opportunity to prosecute.
Section 125: The Act of mediation, which is binding on everyone, is exempt from registration fees and stamps.
CHAPTER III: PROTECTION BEFORE THE VARIOUS COURTS
SECTION 1: ORGANIZATION OF THE COURTS FOR CHILDREN
ARTICLE 126: The judges calling the courts for children, be they the Prosecutor's Office or the headquarters, must be specialized in the field of childhood.
Section 127: The juvenile courts are special courts to try the offences for which knowledge attributed them to a specific provision of the Act for the personal quality of their author and the nature of the offences.
Section 128: Under the Act on the criminal minority and institution of juvenile courts, juvenile courts are:
-the judge of children;
-the children's Court;
-the Special Chamber of the Court of appeal minors
- the Court of Assizes of minors.
Sub-section 1: judge of children
ARTICLE 129: The children judge is appointed by Decree of the President of the Republic after assent of the Superior Council of the judiciary on the basis of interest to the issues of childhood and his skills.
Section 130: The territorial jurisdiction of the judge of the children is the same as that of the children's Court to which it exercises its functions.
Sub-section 2: of the children's Court
Section 131: It is established in the jurisdiction of each court of first instance and each Justice of the peace to jurisdiction extended a court for children.
Section 132: The children's Court knows only misdemeanors and violations.
ARTICLE 133: The children's Court is composed:
-of a Chairman appointed under the same conditions as the judge of children;
-of a clerk;
-functions of the Public Ministry are exercised by the Attorney of the Republic or one of its substitutes and by Justice of the peace with extended jurisdiction.
Sub-section 3: Of the Special Chamber of the Court of appeal minors
ARTICLE 134: The first President of the Court of appeal refers by order among the Councillors of the Court of appeal, a Councillor delegated to the protection of the child. He chairs the Special Chamber to consider appeal cases involving minors. He is a member of the Chamber of indictment when minors are involved.
Adviser protection officer is assisted by 2 Councillors of the Court of appeal or two magistrates for instance.
The clerk is chosen from among the staff of the registry of the Court of appeal. The functions of the Public Ministry are exercised by the Attorney General, the General Counsel or general substitutes.
ARTICLE 135: The Special Chamber of the Court of appeal minors knows of the appeal of the decisions by the Court for children.
Sub-section 4: The Court of Assizes of minors
ARTICLE 136: The Court of Assizes of minors meets at the seat of the Court of appeal or in any other place of the jurisdiction.
ARTICLE 137 : It consists of:
-First President of the Court or Councillor delegate for child protection;
-Two advisors designated by order of the first President;
-Two assessors for minor drawn by lot on a list drawn up in each court of appeal.
Section 138: She knows crimes concerning minors.
SECTION 2: PROCEDURES
Sub-section 1: The procedure at the level of the preliminary inquiry
ARTICLE 139: Judicial Police officers may not proceed with the hearing of the suspected child or initiate any proceedings against him after giving notice to the competent prosecutor or the judge of the children.
In all cases, the minor may be heard by the Judicial Police officer in the presence of her sponsor: parent, guardian, custodian or Council.
ARTICLE 140: Officers or agents of the judicial police, the arrest, are required to inform the child of its right to consult a lawyer or a person of his trust and grounds for his arrest.
ARTICLE 141: Before collecting his testimony, the officer or the police officer must indicate the child has the right to do any testimony and that, if he chooses to make a deposition may be opposite the Court judgment.
Section 142: When he chooses to make a deposition, it must also be informed of his right to do that in the presence of his lawyer or the person he has chosen to consult.
ARTICLE 143: In cases where the child is detained, the officers or police officers are required, prior to his appearance before the Prosecutor or the Justice of the peace, to notify parents of the place of custody, of the offence as well as of the date and place of its appearance.
Sub-section 2: The procedure to the phase of the proceedings.
Section 144: . The Prosecutor of the Court in the jurisdiction in which the children's Court has its seat or the peace judge with jurisdiction extended is responsible for the prosecution of crimes, offences and violations committed by the minor.
ARTICLE 145: All crimes, except those resulting in death of man, may be penalised in consideration of the nature of the offence, its gravity, the aggrieved interest, of the personality of the minor and circumstances of the case.
ARTICLE 146: The minor will be the subject of a mandatory information prosecution for crime or offence or contravention.
In any case, it will be subject to a procedure of flagrante delicto, direct quote or immediate appearance.
ARTICLE 147: In the case of offence of which the prosecution is reserved, by the special laws to public Administrations, the Attorney of the Republic or the peace judge with jurisdiction extended, has only capacity for public action on complaint of the administration concerned.
ARTICLE 148: . When the Prosecutor decides to pursue a minor, it addressed to the President of the Tribunal for children an originating address. It means the children judge forthwith. The peace judge seized by order of referral.
ARTICLE 149: When a major and minors are involved in the same matter, the Prosecutor of the Republic continues the major according to the procedure of flagrante delicto or direct quote. It is a special folder or minors and addressed to the President of the Tribunal for children an originating address. It refers to the juvenile judge.
ARTICLE 150: If it appears in an information that minors are involved at the same time than, the Prosecutor of the Republic, at the closing of information, requires the removal of the accused before the competent ordinary court and the juvenile court for children major.
Sub-section 3: Procedure at the level of the children judge
ARTICLE 151: The children judge performs by himself or load a people empowered to this effect, all due diligence and investigations helpful, to achieve the manifestation of truth and knowledge of the personality of the child, as well as appropriate to his rehabilitation and its protection ways.
This effect, the children judge conducts all considering the best interests of the child.
ARTICLE 152: Collects the children judge, by a social inquiry, all the information on the material and moral family situation, personality and background of the child, his school attendance, its attendance, his conduct at school, on the conditions in which he lived or was high and his education.
ARTICLE 153: When there is not a service specially organized to this effect to the Tribunal, it may designate to perform the the so-called investigation, any person who looks like he qualified as an expert, the costs of investigation being then settled as costs of criminal justice
ARTICLE 154: Orders, if necessary, the establishment of a medical record which will be attached to the record social
This folder includes a medical examination, a medical examination of the child.
Section 155: The report must necessarily include notices of specialists and constructive proposals to inform the Court in its decisions and appropriate measures.
By giving their opinion, experts should not be influenced by the gravity of the offence charged to the child.
Section 156: The children judge may, in the interest of the child, make a reasoned order in which it decides, provisional measure education, supervision or custody pursuant to the provisions of articles 104 to 109 of this code.
The education, supervision or custody order is:
-either to return the child to his parents, guardians or the person who had custody or to an educational institution of protection or appropriate rehabilitation, an appropriate special education institution;
-either in an institution medical or psycho-educational;
-be placed under supervised freedom regime.
In any case these measures may not exceed a non-renewable period of two months.
ARTICLE 157: As soon as the complete procedure, children judge will communicate the folder to the Prosecutor of the Republic which shall send its closing within eight days at the latest.
Section 158: If the juvenile judge considers that the facts constitute crime, offence or contravention, or if the author remained unknown, or if there is not sufficient charges against a minor, he said in an order be held to follow.
Minors temporarily placed or detained are released.
Children judge statue at the same time on the return of the seized objects.
Liquid costs and condemns the civil part costs if there is in the issue.
However, the civil party, in good faith, may be discharged from all or part of the cost.
ARTICLE 159: If the juvenile judge considers that the facts constitute an offence, he delivered the referral of the case to the Court for children acting in simple police.
If he considers that the facts constitute an offence, he ordered the removal of the case before the Court for children.
Section 160: If the judge considers that the facts constitute a crime, he ordered that the record of the proceeding and a State of the parts used in belief is communicated by the Prosecutor to the Attorney General at the Court of appeal for the purposes of referral to the Chamber of indictment which must necessarily sitting councillor delegate for the protection of the child who chairs the House Special of the Court of appeal minors.
Section 161: The order for reference of the children judge seizes the children's Court.
Sub-section 4: The procedure at the level of the children's Court
Section 162: The children's court hearings are held in camera. Each case is considered separately outside any other accused.
Only are allowed to attend witnesses, close relatives, guardian or legal representative of the minor, members of the Office of the child, the representatives of the services or institutions concerned with children.
The police of the hearing and the President shall direct the discussions.
The children's Court rule after having heard the child, the witnesses, the parents, guardian or custodian, the Public Ministry and the Council, possibly a representative of the Office of the child or any other person hearing appears useful to the manifestation of the truth.
The judgment is rendered in non-public hearing in the presence of the minor.
It must be motivated.
Section 163: If prevention is established for minors over 13 years and 18 years of age, the child, if he decides not to opt for a criminal conviction, Tribunal, for a specific time period and by reasoned decision, one of the following measures:
- reprimand;
-restoration to his parents, his guardian, the person who had custody, a protection - or appropriate rehabilitation educational institution or institution of appropriate special education;
-placement in a medical or psycho-educational institution;
-placing under the probation;
-work of general interest for minors of 16 years or more.
ARTICLE 164: Placement measures are reviewable at any time by the Tribunal, either office or at the request of the Prosecutor of the Republic, either at the request of the delegate to the probation.
ARTICLE 165: Where the children's Court decides to a conviction against a more minor aged 13 and 18 years of age, the penalty is pronounced cannot rise above half of that to which he could be sentenced if he had more than 18 years
Sub-section 5: The procedure at the level of the Special Chamber for minors
Section 166: The appeal of the decisions of the tribunal for children is considered by the Special Chamber of the Court of appeal responsible for the Affairs of minors within three (3) months of receipt of the file.
Section 167: The procedure is observed before the tribunal for children.
Unit 6: The procedure at the level of the Court of Assizes.
ARTICLE 168: Proceedings before the Court of Assisi of minors are subject to the rules laid down by the code of criminal procedure for the Court of Assizes of common law.
ARTICLE 169: If the juvenile Assize Court decides that the minor over 13 years and under 18 years has acted with discernment, the sentences are pronounced as follows:
-If it is liable to the death penalty or life imprisonment, it may be:
-sentenced to the penalty of 10 to 20 years ' imprisonment;
-If it is liable to the penalty of imprisonment in time, it may be sentenced to be imprisoned for a time equal to one half more than that for which he could be convicted if he was major of 18 years.
SECTION 3: LINES OF ACTION.
Section 170: Are subject to appeal in the forms and time limits provided by the code of criminal procedure:
-the orders of the judge of children before the indictment division.
-The decisions of the Tribunal for children before the Special Chamber of the Court of appeal minors.
ARTICLE 171: Are likely to appeal in the forms and time limits provided by the code of criminal procedure:
-the decisions of the indictment division;
-the decisions of the Special Chamber for minors;
-the judgments of the Court of Assizes of minors.
ARTICLE 172: Remedies may be exercised either by the minor or his legal representative or by his Council.
CHAPTER IV: OF PROTECTION AT THE STAGE OF THE EXECUTION OF SANCTIONS
SECTION 1: CONTROLLED FREEDOM
ARTICLE 173: Probation is a measure of protection of the child.
It is to submit the minor to the control and the effective supervision of a specialist, the probation officer, which is committed by the judge of children or the children's Court.
ARTICLE 174: Monitoring of children placed under supervised freedom regime is ensured by paid permanent delegates and volunteers delegates to probation.
Permanent delegates have the mission to lead and coordinate the action of the Volunteer delegates under the authority of the judge of the children. They have, in addition, the monitoring of children that they personally responsible. Permanent delegates are appointed by the Minister of Justice on the advice of the judge of children among the Volunteer delegates. Volunteer delegates are chosen from among persons of one or the other sex. They are appointed by the judge of the children. In each case, the volunteer delegate is designated by the judgment or order of the judge of the children immediately later.
ARTICLE 175: In all cases where the supervised freedom regime is decided, the child, his parents, guardian, person having custody are notified of the nature and the purpose of this measure and the obligations that it has. Probation officer shall provide a report to the judge hearing the case, for improper conduct of the child, moral danger, systematic barriers to exercise supervision, as well as in the case where a change of placement or custody him seem useful.
ARTICLE 176: An order made by the Council of Ministers determines the terms of appointment and designation of delegates to the supervised release and the rights and obligations relating to the exercise of responsibility.
SECTION 2: SUPERVISION OF THE EXECUTION, THE REVISION AND MODIFICATION OF THE SANCTIONS
ARTICLE 177: The children, accompanied by his clerk, judge must visit within its jurisdiction and once a quarter the centres which are placed the juvenile offenders to check including the operation.
It provides a record of visit that he sent to the Prosecutor of the Republic. A copy of the minutes is addressed to the National Director of the Prison Administration and Correctional Education, to the President of the Chamber of indictment and the Minister responsible for centres for the protection of minors.
ARTICLE 178: . The juvenile judge is responsible for overseeing the measures he delivered as well as pronounced by the Court for children and the Special Chamber for minors.
It is bound to follow decisions pronounced against minors, with the collaboration of the services concerned, and by visiting them to realize their State, the degree of acceptance of the measure decided, and order where appropriate medical or psychological examination or social surveys.
ARTICLE 179: Judge of children may, office, either at the request of the Crown or of the child, either of its parents or guardian, or on the report from the probation officer, decide immediately on the various difficulties of execution and any incidental.
Apart from the cases cited, it should review the record of the minor once per semester, to revise the pronounced measure, and then either office, either at the request of the Crown of the minor or his parents, his guardian, the person who has custody, his lawyer or the Director of the institution where it is placed.
However, he cannot change a preventive measure by a body sentence. The contrary is allowed.
ARTICLE 180: The children judge may, at any time, and on the motion of the minor, his parents, his guardian or the custodian, change preventive or criminal measures that have been made, if they were rendered by default or if they became final by expiration of appellate delay.
ARTICLE 181: Are competent to deal with any incident and instance modifier:
(a) the judge sitting in the jurisdiction of the tribunal has held in the first place: when the initial decision emanates from the children's Court, jurisdiction falls to the judge of the children of the domicile of the parents or the current residence of the minor;
(b) on delegation of authority granted by the judge who ruled in the first place, the judge of the children of the home of the parents of a minor, the person, institution, establishment, the Organization to which the minor was entrusted by court, and the judge of the place where the minor is in fact placed or arrested.
ARTICLE 182: This order will be registered and published in the Official Journal.
Bamako, June 5, 2002
The President of the Republic,
Alpha Oumar KONARE
The Prime Minister,
Modibo KEITA,
The Minister of Promotion of the
Woman, child and family,
Mrs. DIARRA Afoussatou THIERO
The Minister of Justice, custody
Seals,
Abdoulaye o. POUDIOUGOU
Source : Just n ° 18 of June 30, 2002