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Instruments of the AU
(d) prohibit the press and the public from trial.
3.
The essential aim of treatment of every child during the trial and also if
found guilty of infringing the penal law shall be his or her reformation, reintegration into his or her family and social rehabilitation.
4.
There shall be a minimum age below which children shall be presumed
not to have the capacity to infringe the penal law.
Article 18: Protection of the family
1.
The family shall be the natural unit and basis of society. It shall enjoy
the protection and support of the state for its establishment and
development.
2.
State parties to the present Charter shall take appropriate steps to
ensure equality of rights and responsibilities of spouses with regard to
children during marriage and in the event of its dissolution. In case of
dissolution, provision shall be made for the necessary protection of the child.
3.
No child shall be deprived of maintenance by reference to the parents’
marital status.
Article 19: Parental care and protection
1.
Every child shall be entitled to the enjoyment of parental care and
protection and shall, whenever possible, have the right to reside with his or
her parents. No child shall be separated from his parents against his will,
except when a judicial authority determines in accordance with the
appropriate law, that such separation is in the best interest of the child.
2.
Every child who is separated from one or both parents shall have the
right to maintain personal relations and direct contact with both parents on
a regular basis.
3.
Where separation results from the action of a state party, the state
party shall provide the child, or if appropriate, another member of the family
with essential information concerning the whereabouts of the absent member
or members of the family. State parties shall also ensure that the submission
of such a request shall not entail any adverse consequences for the person or
persons in whose respect it is made.
4.
Where a child is apprehended by a state party, his or her parents or
guardians shall, as soon as possible, be notified of such apprehension by that
state party.
Article 20: Parental responsibilities
1.
Parents or other persons responsible for the child shall have the primary
responsibility for the upbringing and development of the child and shall have
the duty:
(a) to ensure that the best interests of the child are their basic concern at
all times;
(b) to secure, within their abilities and financial capacities, conditions of
living necessary to the child’s development; and
(c) to ensure that domestic discipline is administered with humanity and in
a manner consistent with the inherent dignity of the child.
2.
State parties to the present Charter shall in accordance with their
means and national conditions take all appropriate measures:
(a) to assist parents and other persons responsible for the child and in case
of need provide material assistance and support programmes particularly with
regard to nutrition, health, education, clothing and housing;
(b) to assist parents and others responsible for the child in the performance
of child-rearing and ensure the development of institutions responsible for
providing care of children; and