CAPE VERDE: National Laws

Summary: General overview of Cape Verde's national legal provisions on children's rights, including guidance on how to conduct further research.

National laws on children's rights

Status of the CRC in national law
Article 11 of the Cape Verdean Constitution provides that properly ratified treaties, including the Convention on the Rights of the Child, have force in national law. In principle, this provision should allow courts to apply the Convention, but the UN Committee on the Rights of the Child has expressed concern that the State's judicial and administrative authorities have not done so.

Constitution: the Constitution of Cape Verde contains many rights provisions that apply regardless of age, but also a substantial number that explicitly address the rights of children:

• Article 44(4): provides that children shall only be separated from their parents following judicial decisions and only in cases provided for by law
• Article 44(5): prohibits discrimination against children born out of wedlock and the use of any “discriminatory designation concerning filiation”
• Article 49(3): provides that it is the fundamental right of the family to educate its children in conformity with the ethical and social principles, resulting from its philosophical, religious, ideological, aesthetical, political and other convictions
• Article 85: sets out the tasks of the state, amongst which is a duty to cooperate parents in the education of their children and a duty to ensure the protection of the rights of children
• Article 86(1): requires fathers and mothers to assist their children born inside or outside of wedlock, specifically providing food, guardianship and education
• Article 86(2): entitles fathers and mothers to the protection of society and the State in the fulfilment of their role in relation to their children
• Article 87(1): entitles every child to the right to special protection from his or her family, society and the State, which shall guarantee to them the necessary conditions for “the integral development of their physical and intellectual capacities, as well as special care in case of illness, abandonment or lack of affection”
• Article 87(2): guarantees the protection of children from any form of discrimination or oppression, as well as against the abusive exercise of authority in the family, in public or private institutions to whose guardianship he or she has been entrusted and also against the exploitation of child labour
• Article 87(3): provides that children under the compulsory school age shall be prohibited from working.

Legislation: the Minor's Code contains much of the legislation pertaining to children, but provisions relevant to children can be found in a number of Codes, Laws and Legislative Decrees. Legislation of particular relevance to children includes, but is by no means limited to:

• The Minor's Code
• The Penal Code
• The Code of Criminal Procedure
• The Civil Code
• The Family Code
• Law No. 81/V/98 concerning sexual abuse and child pornography
• Legislative Decree No. 4/97 of 28 April on criminal law
• Legislative Decree No. 2/95 on the social welfare system

Legal Research
The Constitution of Cape Verde is available through the University of Richmond's Constitution Finder website in English (http://confinder.richmond.edu/admin/docs/CapeVerde.pdf) and Portuguese (http://confinder.richmond.edu/). The website of the national parliament has published limited legislative resources in Portuguese (http://www.parlamento.cv/leisrepublica.aspx) and the International Labour Organisation website, NATLEX, provides access to a selection of legislation, primarily in Portuguese (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=CPV). In addition, the World Legal Information Institute (http://www.worldlii.org/catalog/2686.html) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/capeverde.php) both provide a selection of links to legal and governmental resources.

Case Law
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.

Case Law Research
Please contact CRIN if you are aware of any online resources that provide access to the case law of Cape Verdean courts.

Compliance with the CRC
In its Concluding Observations of 2001, the Committee on the Rights of the Child noted efforts to amend the Minors Code and the Family Code, but expressed concern that legal reforms were necessary to bring domestic law into conformity with the Convention on the Rights of the Child The Committee also expressed concern that the Convention had not been applied directly by the courts or administrative authorities.

In depth analysis
Perhaps the area of Cape Verdean law that emerged from the Committee's Observations as at greatest variance with the Convention was that relating to the justice system. The Committee raised concerns that juvenile justice standards were not adequately applied in the country, specifically with regards to the lack of alternative sentencing for children over the age of 16; the incarceration of children with adults; the insufficient capacity of the courts and the concomitant backlog of cases; and the fact that children in detention did not receive any formal education. The Committee called on the State to address these specific concerns as well as to provide children with legal assistance at the early stages of legal proceedings and to establish a child-sensitive and accessible system for complaints for children.

The Committee also raised concerns about the lack of the integration of the general principles of the Convention (non-discrimination, the best interests of the child, survival and development and respect for the views of the child) within legislation and administrative and judicial decisions. The Committee urged the State to remedy this deficit, including through legislation.

Current law reform projects
Please contact CRIN If you are aware of any current law reform projects.