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

CRC/C/MDG/3-4
109. Moreover, article 39 of Law No. 90-031 of 21 December 1990, concerning
communication, prohibits the public screening of pornographic films; films that advocate
violence and racism; films that breach public order, safety and peace; and films that make a
negative impression morally or physically; in other words, films that may compromise a
child’s development.
110. Consumption of alcoholic beverages. Articles 7 and 10 of Law No. 61-053 of 13
December 1961 concerning alcoholism prevention prohibits and punishes the acts of selling
and offering free alcoholic beverages to those under age 18.
III. General principles
A. Principle of non-discrimination
111. Acknowledgement of this principle is realized by the reforms carried out in the
legislative, regulatory and other arenas.
1. Legislative and regulatory measures
112. Law No. 2005-014 of 7 September 2005, pertaining to adoption, and Law No. 2007-
023, concerning the rights and protection of children, include provisions that bar
discrimination.
113. The same is true for the areas of marriage, parental authority, health and the status of
persons with disabilities:
• Law No. 2007-022 of 20 August 2007 concerning marriage establishes the
marriageable age at 18 years without distinguishing between the two genders;
• Law No. 2007-023 of 20 August 2007 pertaining to the rights and protection of the
child provides the joint exercise of parental authority by the mother and father.
Guardianship only begins when both parents are deceased or unable to fulfil their
responsibilities to their children;
• Law No. 2005-040 of 20 February 2006 concerning HIV/AIDS protects adults and
children living with HIV/AIDS, including partners and immediate family members,
against any form of discrimination;
• Decree No. 2001-162 concerning the implementation of Law No. 97-044, on the
rights of people with disabilities, aims to eradicate any form of discrimination
against the social rights of people with disabilities.
2. Administrative measures
114. In response to persistent discrimination, affecting twin children of Mananjary and
young girls of the Tsimihety region, in connection with "moletry," the Ministry of Justice
has begun a process of dialogue with the local actors, including the state- and non-state
leaders and traditional authorities, to find ways and means likely to end discriminatory
practices against children.
115. The national strategic plan to combat HIV/AIDS includes anti-discrimination
measures for people living with HIV/AIDS.
116. In 2007 the Ministry of Education and Scientific Research (MNESR), the MTPC
and private radio stations initiated academic catch-up programmes in 22 regions to help
those who have had to abandon their studies. These programmes are aimed particularly at
those who live in remote areas.
32 GE.10-42176 (EXT)