CRC/C/MDG/3-4 - Office of the High Commissioner for Human Rights

CRC/C/MDG/3-4
• Some offences specified in the protocol are already incorporated into Malagasy
criminal law.
805. The State has adopted Law No. 2005-014 pertaining to simple adoption and full
adoption, both national and international, with the goal of ensuring that Malagasy
legislation conforms to international instruments.
806. Article 333 ter 2 of Law No. 2007-038 of 17 December 2007, amending and
complementing some provisions of the Penal Code on the fight against trafficking in
persons and sex tourism, states, “the expression trafficking in persons means the
recruitment, transport, transfer, lodging or reception of persons, by threat or use of force
or other forms of constraint, through abduction, fraud, deception, abuse of authority or a
situation of vulnerability, or through the offer or acceptance of payments or benefits in
order to obtain the consent of one person with authority over another for the purpose of
exploiting or engaging in the illegal full adoption of a child by a person known as a
trafficker.”
2. Regulatory measures
807. In implementing Law No. 2005-014 of 7 September 2005, two decrees have been
issued:
• Decree No. 2006-596 of 10 August 2006, establishing the ways and means of
implementing Law No. 2005-014 of 7 September 2005, which concerns:
• Implementing the central authority;
• Regulating shelters authorized to provide social services and for adoption;
• The documents required;
• The amount of the adoptive parents’ financial contribution;
• Decree No. 2006-885 of 5 December 2006, governing the foster family. This decree
concerns:
• The use of child placement;
• The family court judge’s exclusive jurisdiction to issue any ruling pertaining
to placement;
• The conditions and length of placement with the foster family;
• The characteristics and obligations of the foster family;
• The rights and obligations of the family of origin;
• Monitoring of and follow-up with the foster family.
3. Administrative measures
808. To maintain and coordinate the fight against selling, trafficking in and abducting
children through international adoption, the following were created:
• The central authority;
• The Office for Mass Education and Civics (OMEC) within the MNESR, to
popularize documents pertaining to human rights and the rights of the child, and to
promote awareness within the educational community of these rights. This office
maintains devolved facilities regionally and in every district.
114 GE.10-42176 (EXT)