Children’s rights / Child protection

In civil matters

A Children who is not emancipated may benefit from educational assistance if his health, safety or morality is threatened, or if the conditions of his education or physical, emotional, intellectual and social development are severely Compromised.

 The children’s judge can then be referred by a simple letter to explain the reasons for the referral and the judge’s request for intervention. The judge may order, automatically or at the request of the parties or the Crown, any information about the personality and living conditions of the Children and his parents. Examples include social investigations, medical examinations, psychological expertise, investigative measures and educational guidance.

The judge may also take interim measures such as temporarily handing the child over to a foster centre, or entrusting the child to the other parent, or another family member, or to a service or educational institution, or to the service Children’s Welfare Department (ESA).

In order to safeguard the interests of the child and the parents, it is essential to call in a lawyer

In criminal matters

Children are criminally responsible for their actions. The specific provisions of child in criminal law are governed by the ordinance of 2 February 1945, the provisions of which are of public order. The text provides for minors to be assisted:

• During detention or detention, the young person is questioned by the police or gendarmerie. He must then be assisted obligatory;
• During the trial phase, an investigating judge or a children’s judge will investigate the offences committed or alleged committed. The child must be questioned in the presence of a lawyer;
• During the trial phase, before the children’s judge, the Children’s Court, the Juvenile Correctional Court, the Juvenile Assize Court.

The judge may take educational measures, repressive measures such as judicial review, detention, and reparations for the victim or in the interests of the community. Convictions against a child are related to his criminal record. That is why the intervention of a specialist lawyer is important.