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Gambia[1] [print]

Last edited: October 2005

 

Summary and Analysis

 

The Republic of the Gambia ratified the Convention on the Rights of the Child (CRC) on August 3, 1990 and the African Charter on the Rights and Welfare of the Child on December 14, 2000.  Despite the positive gains made in social development, the absence of an existing corporate body of laws that focus entirely on children is one of the main obstacles in the Gambia's capacity to implement the Convention.  There are no laws governing the representation of children in court proceedings in Gambia.[2]

 

There is no standard definition of a child in the laws of the Gambia.  Several domestic laws dealing with children have different age limits for children.  Unfortunately, under customs and traditions children in Gambia do not freely express their opinion.  Parents are given supreme discretion in the care of children and the boundaries of the family are one that is not overstepped by the courts.[3]  There is a nationally agreed definition of abuse binding on public and law enforcement agencies.  Physical abuse and neglect are challenging social phenomena in the Gambia. Although both the Constitution and the Criminal Code prohibit child abuse and neglect, the enforcement of these laws is inhibited by social norms and practices. 

 

The representation of children and Gambia's adherence to Article 12 of the CRC are two areas in which the nation had committed to improving by 2002 in its State Party Report to the UN.  However, the Republic of Gambia has yet to submit another report regarding the CRC.

 

Related Sources of Law (In Order of Authority)

 

International Law

 

UN Convention on the Rights of the Child[4]

 

Article 12

1. State parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

 

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

 

Regional Agreements

 

African Charter on the Rights and Welfare of the Child[5]

 

Article 4. Best Interests of the Child

2. In all judicial or administrative proceedings affecting a child who is capable of communicating his/her own views, and opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings, and those views shall be taken into consideration by the relevant authority in accordance with the provisions of appropriate law.

 

Article 7. Freedom of Expression

Every child who is capable of communicating his or her own views shall be assured the rights to express his opinions freely in all matters and to disseminate his opinions subject to such restrictions as are prescribed by laws.

 

Constitution

 

Gambia Constitution[6]

 

Section 29

Children shall have the right subject to legislation enacted in the best interest of children, to know and be cared for by their parents.

 

Additional Resources and Links

 

Representation in the Gambia

http://www.fao.org/world/gambia/

 

Jallow, Hassan B., The Law of Evidence in the Gambia. 150-69. (Banjul, The Gambia), 1997. 

 



Endnotes

[1] This page is also available as a .pdf Document, and Word Document.

[2] United Nations convention on the Rights of the Child, State Party Report by Gambia, CRC/C/3/Add.61 (2000), available here, and also as .pdf Document, and also as Word Document.

[3] Id.

[4] United Nations Convention on the Rights of the Child art. 12, Dec. 12, 1989, UN General Assembly Document A/RES/44/25, available at http://www.ohchr.org/english/law/crc.htm.

[5] African Charter on the Rights and Welfare of the Child, opened for signature July 11, 1990, OAU Doc. CAB/LEG/24.9/49 available at http://www.africa-union.org/.

[6] Gambia Constitution (1997).

 

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