Parents, guardians, teachers, the government and other people in authority are responsible for providing care and protection to children. In so doing, they must take into consideration the best interests of the child. This is according to article 6 of N°54/2011 of 14/12/2011 law relating to the rights and the protection of the child.

Taking into consideration the best interest of a child sometimes requires hearing their  opinion because, as children get older and gain more understanding about their environment, they are able to provide helpful insight into their feelings and needs.

For this reason, article 7 of the African Charter on the Rights and Welfare of the Child says: "Every child who is capable of communicating his or her own views shall be assured the rights to express his or her opinions freely in all matters and to disseminate their opinions subject to such restrictions as are prescribed by laws.”  

The right to freedom of expression is further emphasised in article 17 of N°54/2011 of 14/12/2011 the law relating to the rights and the protection of the child. Article 17 says that the child is free to have and express independent thought in as far as conscience and religion are concerned. This is to be done with the guidance of parents who are not supposed to use coercion.

One platform in which a child’s opinion is sought is during judicial or administrative procedures. Judicial or administrative procedures include foster care, adoption and divorce and many others.

According to article 7 of N°54/2011 of 14/12/2011 law relating to the rights and the protection of the child, the child’s opinion can be heard directly or through a legally selected representative. The child’s age or maturity is put into consideration because it is expected that there is a certain age below which children are unable to give sound opinions.

For example, if a family decides that it is best to change the name of an adopted child, and if that child is above the age of 12, then the child’s consent has to be sought. This is according to article 292 of Nº32/2016 of 28/08/2016 law governing persons and family.

And in the first place, article 296 of the law governing persons and family says that a child above the age of 12 has to agree to be adopted. If he/she says no, then the whole adoption process is interrupted.