CPIC

A single consolidated and harmonious legal instrument

Unlike other countries, such as Portugal, which have different laws and diplomas to regulate matters relating to child protection, the option in Guinea-Bissau was to consolidate the most important norms in a single Code. This follows the example of Brazil   and Cape Verde, among other countries.

The CPIC incorporates national legislation that aims to respond to the needs of preventing the violation of children's rights, as well as the promotion and protection of children, with a view to their integral development in a coherent, systematic, and up-to-date manner.

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Doctrine of comprehensive child protection

The CPIC adopts the doctrine of the integral protection of the child, breaking with a minorist vision, which sees children as “minor” beings, and starting to see them as people in development, subjects of rights.

This new vision establishes a new paradigm, based on the recognition of the right to full and harmonious development in a dignified family environment with a view to its integral development.

A consequence of this doctrine is the adoption by the CPIC of the concept of a child rather than a minor. Thus, it breaks with an old Portuguese tradition, still embraced in the Guinean Civil Code, as it understands that terminology and/or language can have an impact (negative or positive) on the systems.

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Preference for prevention

The CPIC intends to reinforce the importance of prevention, in addition to the need to promote and protect the rights of the child, contrary to a trend that has been observed in some countries, to primarily address protection ( after the problem has occurred) to the detriment of prevention mechanisms ( before any problem occurs and so that it does not occur ). Thus, the CPIC opts for a less reactive and more proactive approach, aiming to reinforce the need and mechanisms for preventing the violation of children's rights.

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A single child concept

The Code's option of establishing the age of majority at 18 years and adopting a single concept of child, instead of several concepts, such as children and adolescents or children and young people, as we see happening in other legal systems. Despite long discussions on the matter during the preparatory work on the code, the main reason for this option is the fact that the Code does not initially distinguish rules that apply specifically to different age groups within the concept of child: so, where there is no reason to distinguish the legal distinction has not been made.

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Holistic and systemic approach

The Code takes a holistic approach to the protection of children, viewing them as a subject of developing rights that must be considered in all their areas, needs and strengths. This approach treats the child according to their integral needs and not according to a single category or “problem” (eg child victim of trafficking versus child victim of FGM – both are children in need of protection and should be seen as one whole).

This approach supports the child based on a comprehensive assessment from the beginning of the child's contact with the system through to the phase of follow-up and successful integration into the community, in a long-term perspective. The Code establishes a systemic approach to protection, which considers the child at the center of the protection system and its connection to the various levels of their protective environment in the various areas of social intervention (health, education, justice, etc.). including the need for multidisciplinary coordination.

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Child sensitive justice

The Code enshrines a child-sensitive justice and protection system that makes the rights and protection of the child a priority, taking into account all of the child's needs, including their special needs, their development and their individual opinions. This system aims to protect, in particular, the child from any difficulties during the protection and justice processes, creating favorable environments, and encouraging actors to act in a sensitive and respectful manner. It also provides rules to ensure adequate and specific assistance to the child from the first contact with the system and throughout the process and to avoid delays and unnecessary actions.

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