Juvenile Laws at Comoros
Comoros' juvenile justice system is influenced by a combination of civil, Islamic, and customary laws. The legal framework pertaining to children is dispersed across various codes, including the Family Code of 2005, the Labour Code of 1984, the Nationality Code of 1979, and the Health, Social, and Welfare Code of 1995.
Key Legal Provisions:
Age of Criminal Responsibility: Children aged 13 and above are legally considered adults in the criminal justice system. However, authorities often release juveniles under 15 to the custody of their parents if they are not repeat offenders. Notably, juveniles aged 15 to 17 are held with adults in prisons.
Corporal Punishment: While corporal punishment is explicitly prohibited in schools, it remains legal in the home and alternative care settings due to provisions in the Family Code that grant parents authority to admonish their children. Efforts to amend the Criminal Code to prohibit corporal punishment have been delayed, and as of 2024, comprehensive prohibition has not been achieved.
Juvenile Courts and Social Services: There is no dedicated juvenile court system or specialized social services to handle cases involving minors. Children's issues are addressed within the general legal framework, and NGOs can intervene in cases but face restrictions, such as not being able to bring civil claims on behalf of children.
Access to Justice: Children can bring cases through their representatives, and there are services to report violations of children's rights. However, there is no centralized entity or ombudsperson specifically for children's issues. Practical challenges include the absence of a legal aid system and significant delays within the judicial process.
In summary, while Comoros has established certain legal provisions concerning juvenile justice, significant gaps remain in the protection and rehabilitation of minors within the legal system. Addressing these challenges requires comprehensive legal reforms, the establishment of specialized judicial and social services, and enhanced access to justice for children.
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