When you’re mistreated at home

According to article 24 of N°54/2011 of 14/12/2011 the law relating to the rights and the protection of the child, as a child, you have a right to a family. In this family, you are entitled to growth, development, protection and affection. Therefore, if you are violated, mistreated, if your parents lack the ability to provide for you or if your parents are deemed unfit to have parental authority, then you can be separated from your family and placed under foster care. This is according to article 27 of the law relating to the rights and the protection of the child. According to paragraph three, article 28 of the law relating to the rights and the protection of the child, placement is done as soon as the relevant authorities are aware of the facts surrounding the situation, and its gravity. In order to establish the facts, article 30 of the law relating to the rights and the protection of the child says, “The administrative authority in charge of placement shall hear the child, the person blamed and the witnesses. The authority may resort to experts where it is necessary to establish its conviction within fifteen (15) days.” During the proceedings to establish whether or not a mistreated child should be placed under foster care, the child’s opinion is sought. Article 31 of N°54/2011 of 14/12/2011 says that this is done either directly during the proceedings or indirectly through a child psychologist or any adult of the child’s choice. Separating a child from his/her family is a grave matter. As such, article 32 of the law relating to the rights and the protection of the child says, “if the relevant authority concludes of no serious matters or a strictly isolated incident which is not part of an usual behaviour or tendency to persistence; such authority shall provide advice to blamed parents or guardians and order to return the child in his/her family but will continue to ensure a close follow-up of the child’s situation.” But if indeed the situation at home is deplorable, then your parents or guardians shall be notified of the relevant authority’s intention to take you away. Article 33 of the law relating to the rights and the protection of the child says that the parents have a right to appeal against the decision. The appeal maybe granted or denied. If the appeal is denied and you are placed under foster care, you have the right to “a balanced diet, clothes, education, health care and any other rights provided for him/her by the law.” This is according to article 35 of the law relating to the rights and the protection of the child. Additionally, articles 36 and 37 of the law relating to the rights and the protection of the child say that you have the right to stay in touch with your family unless it’s not in your best interest. And if possible, and depending on the reason why you have been placed in foster care, your parents have the obligation to continue providing for you.

Education

When you’re mistreated at home