SEYCHELLES: National Laws

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

National Laws on Children’s Rights

Status of CRC in national law
Article 48 of the Constitution mandates that the Sechellois Charter of Fundamental Human Rights and Freedoms (Part III of the Constitution) be interepreted so as not to be inconsistent with the international human rights obligations of the Seychelles.  The article also instructs Courts to take judicial notice of, among other things, both the international instruments containing these obligations and the reports and views of treaty bodies administering or enforcing these instruments.

Constitution: The Seychelles Constitution includes a number of provisions that directly address the rights of children or the rights of parents in relation to children:

  • Art. 18(1) provides that every person has a right to liberty and security of the person, with the exception set out in clause (2)(f) which states “the detention for the rehabilitation and welfare of a minor with the consent of the parent or guardian or of the Attorney-General where such detention is ordered by a competent court”. Clause (12) provides that a minor who is detained “shall be kept separately from any adult offender or suspect”.

  • Art. 19(8) states that court proceedings shall be held in public, with the exception under clause (9)(a) where “publicity would prejudice…the welfare of persons under the age of eighteen years”.

  • Art. 29(c) highlights the importance of promoting the healthy development of children.

  • Art. 31 recognises the rights of children to special protection in view of their vulnerability.

  • Art. 33(e) recognises the rights of the parents to choose whether to send their children to either state or private schools.

Legislation: The Children Act came into force in the Seychelles on the 15th of July 1982. The Act and its subsequent amendments detail numerous issues relating to children’s rights, including maintenance, voluntary care and assumption of parental rights, foster care, adoption, offences against children, compulsory care and juvenile courts. The Act also details the roles and functions of related government departments and tribunals. Other legislation relevant to children’s rights includes, but is not limited to:

  • The Education Act, 2004

  • The Welfare Agency Act, 2008

  • Children (Adoption) Rules (No. 45, 31/08/1964)

  • Children Act (Juvenile Court) Rules (No. 52, 01/01/1982)

  • Children (Registration of Adoption Orders) Regulations (No. 53, 27/09/1982)

  • Children Act (Foster Care) Regulation (No. 78, 24/07/1995)

Legal Research
The National Assembly of Seychelles maintains a website in English (http://www.nationalassembly.sc/) where up-to-date information on the proposed and pending legislation can be found. The Seychelles Legal Information Institute (http://dev.seylii.org/) also provides current information in English on national legislation, and a comprehensive list of legislation can be found through the ILO's NATLEX database (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=SYC). . The constitution of the Republic of Seychelles can be downloaded from the National Assembly website (http://www.nationalassembly.sc/lib2/Documents/Constitution_of_SEZ.pdf). The U.S. Library of Congress (http://www.loc.gov/law/help/guide/nations/seychelles.php) and the World Legal Information Institute (http://www.worldlii.org/sc/) both offer portals to legal research and government websites.

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 Bar Association of Seychelles (http://www.bas.sc/seychelles-legal-system/the-judiciary) maintains a website in English with information pertaining to the legal and judicial systems of the Republic of Seychelles. The South African Legal Institutes database provides up-to-date information on case law from the Constitutional Court (www.saflii.org/sc/cases/SCCC), Court of Appeal (www.saflii.org/sc/cases/SCCA), Supreme Court (www.saflii.org/sc/cases/SCSC).

Compliance with the CRC
The Committee on the Rights of the Child has welcomed the amendments to legislation in the area of child rights, including the Children Act, which has sought to bring national law into compliance with the provisions of the Convention. However, the Committee is concerned that certain pieces of important legislation have yet to be brought into compliance with the Convention.

In depth analysis
The Committee has highlighted that issues concerning the minimum age of marriage, coordination, non-discrimination, respect for the views of the child, family environment, children with disabilities, adolescent health, drug and substance abuse and sexual exploitation have yet to be sufficiently addressed,, and has urged the State party to take all necessary measures in implementing the Committee's recommendations on these matters.

Current legal reform projects
Please contact CRIN if you are aware of any current legal reform projects.

Organisation: 
Child Rights International Network

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.