© 2021 by Ministério da Justiça_Código da Criança Guiné-Bissau.
Part II of the CPIC enshrines the basic rights of the child, inspired by the international conventions governing Guinea-Bissau, as well as the fundamental rights enshrined in the Constitution of the Republic of Guinea-Bissau.
Basic rights:
Explicit consecration of basic rights such as life, identity, nationality, birth registration, and privacy.
Explicit consecration of the child's right to participation in family, community, school, cultural, etc. life.
Clear consecration of your freedoms of expression, information and assembly.
One of the important rules in Part II is the article on harmful practices:
Article 39 (Prohibition of harmful practices)
1 - Harmful practices are prohibited, including any activities, rituals or behaviors that derive from religious and/or traditional beliefs that violate the physical and psychological integrity of the child or negatively affect their development, namely:
Uses of discriminatory customs against children based on differences in sex, age or other criteria;
Child marriage, which occurs whenever children under the age of 18 get married, whether in official marriages or in traditional marriages;
Female genital mutilation or excision, which encompasses any form of amputation, incision or partial or total ablation of the female's external genital organ, as well as all bodily offenses committed to that organ for sociocultural, religious, hygiene or any other reasons reason invoked;
Abandonment, which occurs when, for reasons of religious, cultural and other beliefs, the child, including the newborn, is abandoned without any support, which may result in physical or psychological damage or death;
Accusation of practicing witchcraft, which occurs when a child suffers physical and psychological abuse or abandonment by their parents or guardians, which may result in serious damage to the child's development or even death.
2 - The State adopts legislative, political and other measures necessary to prevent and combat harmful practices, namely through:
Prevention activities, including early identification of risk situations, public awareness in all sectors of society through information, formal and informal education and outreach programs, and the development of programs that consider alternative practices;
Protection of children at risk of being subjected to harmful practices, in particular girls living in communities where child marriage and female genital mutilation are considered traditional practices;
Prohibition, through legislative measures that contain sanctions against these practices;
Providing the necessary support to victims through basic services such as health and education services, temporary shelters, legal and judicial support, emotional and psychological counseling, as well as vocational training.
It should be clarified that the CPIC does not define crimes or penalties. This function is left to the Penal Code.
Thus, the CPIC only prohibits all forms of violence against children, including harmful practices, and the Penal Code is responsible for criminalizing these conducts.
In the area of health, the CPIC enshrines some fundamental standards. Among others are:
Explicit consecration of the right to health, including the right to emergency medical care in public health establishments, regardless of the child's economic possibilities or any other characteristic.
The State's duty to guarantee, during pregnancy, childbirth and in the postpartum phase, free and good quality care services and programs.
Children's right to be informed and educated in matters of sexual and reproductive health according to their maturity.
Specific duties for health establishments, public or private:
Identify newborns immediately after delivery by placing a bracelet on the child's wrist with their name, surnames, date of birth and issuing the birth certificate.
Timely inform parents about the legal requirements and procedures for registering the child with the Civil Registry.
Ensure the safe stay of the newborn with its mother, until both are in health conditions that allow them to survive safely, outside the hospital.
Inform parents in due time about the health care, normal and special, that they must provide to their children diagnosed with a disability.
In the area of education, the CPIC enshrines some fundamental standards. Among others are:
Clear consecration of the right to education and free compulsory minimum education;
Reaffirmation of the child's right to access education services, without discrimination based on their nationality, ancestry, age, origins, disability, economic possibility, lack of identification or absence of parents, etc.;
Prohibition of physical punishment and any others that harm the child's development;
Basics of school discipline: for teachers and students.
In the area of child labor, the CPIC enshrines some fundamental standards. Among others are:
Prohibition of economic exploitation, abolition of child labor and protection of working children;
Minimum age for admission to work: 16 years old;
Possibility of light work between 13 and 15 years old;
Clear consecration of the worst forms of work and hazardous work.
Duty to encourage the link between education and work, promoting special educational programs, with training activities for work.
The employer's duty to provide the child with working conditions that are appropriate for their age and development and that protect safety, health, development, education and training.
Article 76 (Minimum ages)
1 - The minimum age for admission to work is 16 years, provided that no dangerous or harmful work is involved, under the terms of this diploma and as established in the general labor law, and having completed the minimum compulsory education, without prejudice to the provisions of the following paragraph.
2- Children aged between 13 and 15 may be allowed to do light work or participate in professional, technical and artistic training programs.
In the area of children with disabilities, the CPIC enshrines some fundamental standards. Among others are:
Guarantee of respect for children with disabilities, protection of dignity, privacy, individual autonomy, including the freedom to make their own choices, as well as their independence;
Full participation and effective inclusion in society;
Respect for difference and acceptance of their disability as part of human diversity and humanity;
Equal opportunities, accessibility and availability of reasonable accommodations;
Promotion of positive representations and empowerment of children with disabilities, namely through training sessions and awareness raising
In the area of the responsibilities of the child, the CPIC establishes that the child, according to their age and maturity, has the responsibility to:
Respect your parents and other family members and educators;
Respect elderly people, people with disabilities and other people in vulnerable situations;
Attend the educational establishment to which it belongs with assiduity, responsibility and respect for teachers and other school employees;
Respect other children especially other vulnerable children;
Participate in the creation and development of an environment of peace and solidarity in family, school and community life;
Participate in the preservation of the environment;
Preserving and strengthening cultural values in your relationship with other members of society in the spirit of tolerance, dialogue and consultation, as well as contributing to the Well-Being of society.