Criminal Protection of Children Under the Algerian Penal Code: A Critical Legal Analysis

Read full text
Authors: Hafidha Bechir
Cited by: 0

Abstract

Children's rights constitute among the most sacrosanct fundamental rights warranting robust legal protection. Both divine jurisprudence and positive legal systems have demonstrated profound solicitude for safeguarding these rights, particularly given that this vulnerable demographic, characterized by inherent legal incapacity and physiological dependency, necessitates comprehensive protection across all domains of human activity.This study employs a doctrinal legal research methodology, utilizing both descriptive and analytical approaches to critically examine the Algerian legislative framework. The research systematically analyzes the punitive provisions enshrined within the Algerian Penal Code, scrutinizing the criminal law mechanisms established to ensure child protection through meticulous textual interpretation and critical evaluation of the pertinent statutory provisions.The investigation reveals that the Algerian legislature has established an extensive corpus of criminal provisions addressing offenses against children's physical integrity, health, moral welfare, and social well-being. These provisions encompass intentional bodily harm, child abduction, exposure to intoxicating substances and narcotics, sexual offenses including indecent assault and exploitation, prostitution-related offenses, and crimes of parental abandonment and maintenance default. However, significant lacunae persist, particularly regarding the harmonization of domestic age thresholds with international instruments and the inadequate regulation of digital-age threats.Notwithstanding the substantial legislative endeavors undertaken in Algeria, the criminal protection of children continues to necessitate effective practical implementation and the systematic modernization of criminal law provisions to address contemporary exigencies, particularly those emanating from technological advancement and the digital sphere. The study recommends legislative reform to align domestic provisions with the Convention on the Rights of the Child, the establishment of specialized judicial units for child-related matters, and the development of comprehensive regulatory frameworks addressing cybercrime and online exploitation of minors.

Fields of Study & Subjects

Legal and Social Justice Studies Criminal Law and Policy Family and Matrimonial Law

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
5 March 2026
Language
EN