The judicial protection of minors in Congolese law

The D R Congo wants to be a state governed by the rule of law under the terms of the constitution of 18 February 2006 as amended to date; point two of the explanatory memorandum to the constitution states The constituent wishes to reaffirm the attachment of the D R Congo to human rights and fundamental freedoms as proclaimed by the international legal instruments to which it has adhered and which it has integrated into the body of the constitution; With regard to the judicial protection of minors in the D R Congo detention is provided for and organized by law no. 09/001 of January 10 2009 on the protection of the child which stipulates in its article 6: the best interest of the child must be a primary concern in all decisions or measures taken with regard to him/her. By best interest of the child we mean the concern to safeguard and give priority at all costs to his/her rights which are taken into consideration along with the moral and emotional needs and the various aspects relating to his/her situation. It should be remembered that a Children''s Court is far from being a repressive jurisdiction whose aim is to punish the breaches committed by children in conflict with the law.