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Summary: General overview of Papua New Guinea'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 Section 117(7) of the Constitution of Papua New Guinea, international treaties must be incorporated into domestic law by a Constitutional Law or an Act of Parliament in order to give them force within domestic law. The Convention on the Rights of the Child has not been incorporated in this way, and so is not directly applicable in Papua New Guinea's courts. Domestic courts have been willing to cite the Convention within their decisions, but where the Convention conflicts with domestic law, domestic law must be applied. Constitution: the Constitution of Papua New Guinea includes a number of rights provisions that apply regardless of age, but also a small number that specifically address the rights of children: Section 5: includes the support, assistance and education of children within the Basic Social Obligations. Section 38: includes the protection of children and persons under disability within the permissible grounds to limit qualified rights within the Constitution. Section 42: provides that no person shall be deprived of his personal liberty, but includes the caveat that the protection will not apply in respect of the actions of a parent, guardian or carer of a child if they are carried out in the course of education, discipline or upbringing. Section 45(2): provides that no person shall be compelled to receive religious instruction or take part in a religious ceremony or observance. This right will not be violated, however, where a child is subject to religious instruction with the consent of a parent or guardian, or in the inclusion in a course of study of secular instruction concerning any religion or belief. Section 55: provides that all citizens have the same rights, privileges and obligations, but does not prevent the making of laws for the special benefit of children and young persons. Sections 67, 68, 74 and 77: all include provisions relevant to the citizenship rights of children. Legislation: there is no comprehensive or consolidated Children's Act in Papua New Guinean law, rather provisions of relevance to children can be found in a number of Acts. Legislation of particular relevance to children includes, but is by no means limited to: The Child Welfare Act The Juvenile Courts Act The Criminal Code The Evidence Act The Summary Offences Act The Adoption Act The Adoption of Children Act The Custom Recognition Act The Deserted Wives and Children Act The Infant Act The Maintenance Orders Enforcement Act The Reciprocal Enforcement of Custody Orders Act The Marriage Act The Employment Act The Information Act The Matrimonial Causes Act Legal Research The National Parliament of Papua New Guinea maintains a website, but it was under construction at the time of writing (http://www.parliament.gov.pg/). The Constitution is available through the official government website (http://www.igr.gov.pg/constitution.pdf). The Pacific Legal Information Institute provides access to the Constitution (http://www.paclii.org/pg/legis/consol_act/cotisopng534/), Consolidated legislation (http://www.paclii.org/pg/legis/consol_act/) and further resources are available through the database home page (http://www.paclii.org/databases.html#PG). The World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwepng.htm) and the International Labour Organisation website, NATLEX (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=PNG), also provide access to a selection of national legislation. In addition, the World Legal Information Institute (http://www.worldlii.org/links/246.html) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/papua.php) provide access to a selection of legal and governmental resources. All resources are available in English. Case Law CRC Jurisprudence The Convention on the Rights of the Child has been cited in national courts, including before the District Court of Justice in relation to criminal sanctions for violence against children (http://www.crin.org/Law/instrument.asp?InstID=1492). Case Law Research The Pacific Legal Information Institute maintains a database of decisions of Supreme Court (http://www.paclii.org/pg/cases/PGSC/), National Court (http://www.paclii.org/pg/cases/PGNC/), the District Court (http://www.paclii.org/pg/cases/PGDC/) as well as maintaining links to the decisions of a selection of other courts (http://www.paclii.org/databases.html#PG). The official judiciary website of Papua New Guinea also holds a range of legal resources (http://www.pngjudiciary.gov.pg/home/). Compliance with the CRC In its Concluding Observations of 2004, the Committee on the Rights of the Child noted that a legislative review had been undertaken which had identified around 20 pieces of legislation that did not meet the standards of the Convention on the Rights of the Child. The Committee expressed concern, however, that this programme had not been given the necessary priority, and urged the State to complete its legislative review programme to ensure that all domestic and customary legislation is brought into conformity with the Convention. In depth analysis Perhaps the most basic issue raised in the Committee's Concluding Observations was in relation to the way that the child was defined in various areas of domestic law. The Committee raised particular concern that at the discriminatory provisions relating to the minimum age of marriage which allowed boys to marry at 18 but girls to marry at 16, as well as the very low minimum age of criminal responsibility. The Committee urged the State to raise the age at which girls can marry to match that of boys and to raise the minimum age of criminal responsibility to an internationally acceptable level. A number of areas of Papua New Guinean legislation also emerged from the Committee's recommendations of in need of reform. Expressing concern that corporal punishment remained legal and widespread, the Committee urged the State to explicitly prohibit physical punishment of children in the family and other institutions. In light of the high incidence of informal adoption, which lacks the guarantees that the best interests of the child will be taken into account and risks the adoption of children to be used as domestic servants, the Committee urged the State to guarantee that both legal parents are required to give their consent to any adoption and the ensure that the best interests of the child and the views of the child are properly taken into account. The Committee also raised several areas of domestic law where greater enforcement was needed. Specifically with regards to violence against children by police; sexual abuse, including within the home; and child abuse and neglect, the Committee called for effective mechanisms to receive monitor and investigate complaints of such abuses against children. Where appropriate the Committee also urged the State to ensure that perpetrators of such abuses were prosecuted. Current legal reform projects Please contact CRIN if you are aware of any current legal reform projects in Papua New Guinea.