Practice Relating to Rule 135. Children
Section A. Special protection
Guinea’s Children’s Code (2008) states:
Article 265: Every Child … affected by an armed conflict … is considered an “Orphan and Vulnerable Child”.
Article 266: [Orphans and Vulnerable Children] shall benefit from all necessary support from the State and its components.
Such support may include:
- Direct actions in favour of [Orphans and Vulnerable Children] carried out in order to improve their living conditions without the intervention of intermediaries;
- Empowering communities: giving communities the opportunity of endogenous action promoting care for [Orphans and Vulnerable Children];
- Reinforcement of institutional capacities by improving the intervention skills of NGOs [non-governmental organizations], institutions and communities through training courses and equipment;
- Activities and awareness-raising [campaigns] in order to encourage communities to bring about positive change for [Orphans and Vulnerable Children].
Article 267: [Orphans and Vulnerable Children] shall benefit from legal and judicial assistance from the Center for Legal Assistance, [c]ounselling centers, the National Bar Association of Guinea, the National Chamber of Judicial Officers and other State institutions.
Article 287: The following situations are considered as particularly difficult and threatening to the health of a Child, his or her development or physical or moral integrity:
- The Child’s exposure to and his or her exploitation during armed conflicts;
Article 433: Children affected by an armed conflict benefit from all the protective measures laid down in International Humanitarian Law. They shall receive all the care and help they may need due to their age or due to any other reason.
Article 435: A Child shall benefit from material conditions of the detention or internment appropriate to his or her age.
Article 439: All necessary measures shall be taken to ensure that children under the age of 15, who are either orphans or separated from their family for reasons linked to an armed conflict, will not be left to their own devices.
In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:
18. Training programmes have been designed and implemented for judges and justice officials to familiarize them with the  Convention [on the Rights of the Child], and particularly articles 37 [prohibition of torture, arbitrary deprivation of liberty, human treatment, contact with family members, access to legal assistance and right to challenge the legality of the deprivation of liberty] and 40 [infringement of penal law by a child], and to familiarize members of the Armed Forces with the Optional Protocol on the involvement of children in armed conflict.
19. Every military garrison now has a Convention focal point.
480. The armed conflicts in neighbouring countries and their repercussions in Guinea … have affected children more than anyone else.
482. Action taken:
- Establishment of child protection units in the garrisons of the country
- Training of more than 2,000 senior and junior officers and enlisted personnel in the protection of children before, during and after armed conflicts
487. There are also shelters and counselling centres for the physical and psychological … rehabilitation of children in general.