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Protection of Children Act |
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Following the ratification of the
International convention on the child rights, Tunisia initiated
a reform of its child protection system in the scope of
harmonizing the legislation with the principles and values
stated in this convention. |
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For this purpose, Tunisia
instituted a « Child protection act ». Written in 123 articles,
this new law aims mainly to preserve the ultimate interest of
the child, a notion that did not exist before in the
Tunisian legislation, taking into account his/her moral and
physical needs and focusing on the necessity to keep the child
in his family environment. |
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The act institutes a specific
protection regime with a social and juridical aspect for
children living in difficult situations (victims of
negligence, violence, abuse or threatened by juvenile
delinquency) |
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The social protection
is assured by the Child Protection Deputy, a body created
within the 24 governorates in order to insure the follow-up of
children in difficulties and the mediation between the child and
his family or the child and the reeducation institution. |
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t is also instituted the “ duty
to report ” that compels any individual, included those who
must maintain strict professional confidentiality, to report to
the deputy any danger threatening the child. This will
contribute to extend the protection system to the whole society. |
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As far as the legal protection
is concerned, the act recommends, in all kinds of situation,
the adoption by the judge of means of prevention and
recourse to agreed settlement procedures. Besides, the act
proposes a special treatment for the delinquent child
characterized by non-incrimination of the latter excepting
cases of murder. In the case of a penal sanction, the child
must be put in custody in a specialized institution or in a
wing reserved for children. |
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