The judicial protection of minors in Congolese law

ISBN-13: 9786204295183 / Angielski / Miękka / 64 str.

Gedeon Mukendi

Opis

The D R Congo wants to be a state governed by the rule of law under the terms of the constitution of 18 February 2006 as amended to date; point two of the explanatory memorandum to the constitution states The constituent wishes to reaffirm the attachment of the D R Congo to human rights and fundamental freedoms as proclaimed by the international legal instruments to which it has adhered and which it has integrated into the body of the constitution; With regard to the judicial protection of minors in the D R Congo, detention is provided for and organized by law no. 09/001 of January 10, 2009 on the protection of the child, which stipulates in its article 6: the best interest of the child must be a primary concern in all decisions or measures taken with regard to him/her. By best interest of the child, we mean the concern to safeguard and give priority at all costs to his/her rights, which are taken into consideration along with the moral and emotional needs and the various aspects relating to his/her situation. It should be remembered that a Children's Court is far from being a repressive jurisdiction whose aim is to punish the breaches committed by children in conflict with the law.

O autorze

Mukendi, GedeonGedeon MUKENDI KABANGU was born in 1991 in Mbuji - Mayi, in the Province of Kasai - Oriental in the Democratic Republic of Congo. He has a law degree from the Department of Private and Judicial Law of the University of Lubumbashi, and is a lawyer at the Court of Appeal of Haut Katanga.