MALI: National Laws

Summary: General overview of Mali'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
Under article 116 of the Constitution of Mali, properly ratified treaties, including the Convention on the Rights of the Child, take precedence over domestic laws. Malian courts can in principle apply the Convention in place of any conflicting national law, but it is not clear if they regularly do so.

Constitution: the Preamble to the Malian Constitution proclaims a determination to defend the rights of women and children, and Title I of the Constitution includes a number of rights provisions that apply regardless of age. Only one article, however, specifically addresses the rights of children:

  • Art. 18: provides that every citizen has a right to education and that public education is to be mandatory, free and non-religious

Legislation: there is no comprehensive or consolidated Children's Code in Malian law, rather provisions of particular importance to children can be found in a number of Codes, Acts, Orders and Decrees. Relevant legislation includes, but is by no means limited to:

  • Order No. 02-062/P-RM of 2002 establishing the Child Protection Code
  • Act No. 01-079 of 20 August 2001 containing the Criminal Code
  • Act No. 01-080 of 20 August 2001 containing the Code of Criminal Procedure
  • Act No. 92-020/AN-RM of 23 September 1992 containing the Labour Code
  • Act No. 62-18/AN-RM of 3 February 1962 containing the Nationality Code
  • Act No. 62-17/AN-RM of 3 February 1962 containing the Marriage and Guardianship Code
  • Act No. 99-041 of 12 August 1999 containing the Social Welfare Code
  • Act No. 01-081 of 2001 on the criminal responsibility of minors and the establishment of juvenile courts
  • Act No. 87-27/AN-RM of 16 March 1987 regulating Civil Status
  • Act No. 02-044 of 24 June 2002 concerning reproductive health
  • Act No. 02-049 of 22 July 2002 containing the Health Policy Act
  • Act No. 02-050 of 22 July 2002 containing the Hospitals Act
  • Act No. 99-046 of 28 December 1999 containing the Education Policy Act
  • Act No. 00-039 of 7 July 2000 concerning Wards of the Republic
  • Act No. 06-024 of 2006, making birth registration cost free
  • Decree No. 96/178/P-RM of 17 June 1996 specifying the kinds of work and categories of enterprise in which children may not be employed
  • Decree No. 06-117/P-RM, creating the “Commission Nationale des Droites de l'Homme” (National Commission on Human Rights)
  • Decree No. 05-147/P-RM of 2005 providing free antiretroviral therapy
  • Decree No. 00-388/P-RM of 10 August 2000 establishing the National Guardianship Council
  • Decree No. 02-067 of 12 February 2002 setting the conditions for the establishment and operation of private reception, listening, counselling and accommodation centres for children from 5 to 18 years of age

Legal Research
The Constitution Finder project at Richmond University has published the Malian Constitution in English (http://confinder.richmond.edu/admin/docs/Mali.pdf) and the World Intellectual Property Organisation provides access to the Constitution in French (http://www.wipo.int/wipolex/en/details.jsp?id=7446). The official government website publishes news on recently enacted legislation in French, but does not maintain a database of legislation (http://www.primature.gov.ml/index.php?option=com_content&view=frontpage&Itemid=100001). The World Law Guide provides access to a selection of Malian legislation in French (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwemai.htm) as does the International Labour Organisation website, NATLEX (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=MLI). In addition, the GlobaLex project at New York University has published a guide to legal research in Mali (http://www.nyulawglobal.org/Globalex/Mali1.htm) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/mali.php) and the World Legal Information Institute (http://www.worldlii.org/catalog/2696.html) both provide a selection of links to relevant 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
The website of the Supreme Court (Cour Suprême) of Mali publishes a selection of its decisions (http://www.cs.insti.ml/contenu_page.aspx?pa=33) and the Constitutional Court (http://www.cc.insti.ml/contenu_page.aspx?pa=27) (Cour Constitutionnelle) publishes its own decisions. Both resources are available in French.

Compliance with the CRC
In its Concluding Observations of 2007, the Committee on the Rights of the Child welcomed the fact that the Convention on the Rights of the Child takes precedence over national legislation, and that legislation such as the Child Protection Code and the Family Code had been introduced to implement aspects of the Convention. However; the Committee expressed concern that much of the law was not in conformity with the Convention, and called on the State in particular to ensure the adoption and implementation of provisions and regulations on abuse, domestic violence, sexual and economic exploitation, abduction, and trafficking of children.

In depth analysis
Discrimination within Malian laws emerged as a theme from the Committee's 2007 Observations, particularly with regards to girls, and vulnerable groups of children. The Committee expressed particular concern that although the draft Individuals and Family Code would set a uniform minimum age for marriage for boys and girls (18 years) the Code had not yet been enacted. The Committee also raised concern about the laws on citizenship which prevented children deriving nationality from their mothers. More generally, the Committee urged the State to combat discrimination against children with disabilities, children born out of wedlock and children from disadvantaged families, including through legislation.

The lack of legislation to address a diverse range of children’s rights issues also emerged from the Committee's Observations. The Committee was critical of the insufficient legislation and regulation to address the problems raised by inter-country adoption, as well as the absence of laws to penalise all forms of child abuse. Similarly, the Committee urged the State to remedy the absence of a legal framework to address the specific needs of children with disabilities, by adopting “an inclusive rights-based legal framework” to address those needs.

With regards to the justice system, the Committee welcomed reforms under way to integrate the “Riyadh Guidelines” the “Beijing Rules” but expressed concern at “the limited progress achieved in establishing a functioning juvenile justice system throughout the country”. In particular, the Committee urged the State to expedite legal reforms; to ensure that deprivation of liberty is only used as a measure of last resort for the shortest appropriate period of time; to improve conditions in detention; to ensure that children have access to legal aid and defence; to establish specialised juvenile courts; and to develop and implement alternatives to detention, such as diversion and restorative justice.

Current legal reform projects
A Family Code was adopted by the Malian National Assembly in 2009, but was sent back to the Parliament for a second reading. At the time of writing, the new Code had not been enacted.

Countries

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