215. The Constitution safeguards the right to education in its articles 49 and 50 where it establishes that the State is responsible for the promotion of free and equal access of all citizens to different educational levels and ensures to children the right to formal, private and cooperative schools. In addition, the State, through article 52 (3) of its Constitution, guarantees the freedom to practise any religion.

251. In Guinea-Bissau, children are victims of economic exploitation and are subject to hard work, which is incompatible with their age and physical condition. However, the Government is unable to put a stop to this phenomenon through the application of administrative measures, due to the serious economic and social condition of the country. Law No. 2/86 (General Labour Law), which prohibits children under 14 from working, is not applicable to the current reality.

145. In this matter, we cannot talk only about the written legislation, because the social life of Guineans is ruled by the customary law, which does not always conform to the written legislation. Premature and compulsory marriages are current practices accepted by customary law.

136. The Penal Code in force in the country stipulates in its article 10, together with article 12, that any individual is subject to criminal prosecution when he reaches 16 years of age. It also stipulates that punishment, depending on the type of violation, is specially mitigated in cases of delinquent people aged more than 16 and less than 20 years.