Submitted by crinadmin on
Summary: General overview of Gabon'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 Constitution: The Constitution of Gabon contains a number of rights provisions, a small number of which specifically address the rights of children: Article 1(8): requires the state, subject to its resources, to guarantee the protection of health, social security and preserved natural environment, rest and leisure, particularly for children Article 1(16): creates a right and a duty for parents to support their child's education, as well as to decide upon that child's moral and religious education; also creates a duty for the State to assist in the physical, intellectual and moral development of children Article 1(18): requires the State to guarantee equal access of the children to instruction, professional education and to culture Legislation: Gabon does not have a children's code or a comprehensive Act relating to children, rather law relevant to children's rights is found in topical codes as well as more specific Acts and Decrees. These laws include, but are by no means limited to: The Penal Code The Code of Criminal Procedure The Civil Code The Labour Code The Code on Nationality Act on social welfare for disabled children (Act No. 919/95 of 3 July 1996) Act on general organisation of education (Act No. 016/96 of 9 August 1996) Act on the welfare of the handicapped (Act No. 19/95 of 13 February 1996) Legal Research Case law Case Law Research Compliance with the CRC In depth analysis: The issue of violence against children is also an area of national law in connection to which the Committee has raised particular concerns. Torture is still used by law enforcement personnel during police investigations and within detention centres, while the prohibition on corporal punishment is not enforced in schools. While national legislation has largely been brought into line with the principle of non-discrimination, the minimum legal age for marriage varies according to gender. The minimum age at which boys may marry is 18, while the corresponding age for girls is 15. The Committee has expressed concern at the difference between the treatment of boys and girls in this area, and has recommended that the minimum age of marriage be harmonised at 18 for boys and girls. Current legal reform projects
According to article 47 of the Constitution of Gabon, properly ratified human rights instruments, including the Convention on the Rights of the Child, may be cited before judicial and administrative authorities whether or not they have been incorporated.
The Constitution of Gabon is available in English and French through the Constitution Finder website of the University of Richmond (http://confinder.richmond.edu/admin/docs/Gabon1991English.pdf). A selection of national legislation is available in French through The World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwegab.htm), and a number of important codified laws are available through the site of CoopGabon (http://www.coopgabon.net/coopgabon.net). In addition, the GlobaLex intiative at New York Law School has a guide to the legal system of Gabon (http://www.nyulawglobal.org/Globalex/Gabon.htm), and both the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/gabon.php) and World Legal Information Institute (http://www.worldlii.org/ga/) have assembled selections of relevant government and legal research links.
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.
The Constitutional Court (Cour Constitutionelle) publishes its decisions online, but its website is at times unavailable (http://www.africanlii.org/links/goto/139/83/links_weblink).
A number of laws have been enacted by Gabon to harmonise existing legislation with the CRC, but the Committee has expressed concern that domestic law, particularly customary law, does not fully reflect the rights and principles of the Convention. The Committee has recommended that the State consider enacting a comprehensive children's code to ensure full harmonisation of national laws with the Convention.
The Committee has been particularly critical of the juvenile justice system in Gabon, expressing concern at the absence of a specialised juvenile justice system, as well as the use and conditions of detention for children. The Committee has highlighted that children are routinely detained with adults, that prisons are seriously overcrowded, and that pre-trial detention is both frequent and used for excessive periods. Committee recommendations have focussed on setting up a juvenile justice system, the establishment of an independent complaints mechanism accessible to children, and a shift in culture to considering deprivation of liberty a measure of last resort.
Please contact CRIN if you are aware of any current legal reform projects.