constituteproject.org • Rights of children guaranteed • State support for children PDF generated: 18 Apr 2016, 15:29 Article 44 Every child has the right to particular measures to assure or to ameliorate the care necessary for their well-being, for their health and for their physical security and to be protected against the bad treatments, abuse and exploitation. • Rights of children guaranteed Article 45 No child may be directly utilized in an armed conflict. The protection of children is assured in times of armed conflict. • Rights of children guaranteed • Privileges for juveniles in criminal process Article 46 No child may be detained except as [a] last resort, in which case the duration of the detention will be as short as possible. Every child has the right to be separated from the detainees older than 16 years [of age] and to be subject to a treatment and to conditions of detention adapted to their age. Article 47 Any restriction of a fundamental right must be founded on a legal basis; it must be justified by the general interest or by the protection of a fundamental right of others; it must be proportionate to the specified goal. Article 48 The fundamental rights must be respected within the whole of the juridical, administrative and institutional order. The Constitution is the supreme law. The legislative, the executive and the judicial [powers] must have it respected. Any law not in conformity with the Constitution is struck down as null. Article 49 No citizen may be forced into exile. • Extradition procedure Article 50 • Protection of stateless persons The right of asylum is recognized in the conditions specified by the law. Extradition is only authorized within the limits specified by the law. No Burundian may be extradited abroad except if they are prosecuted by an international penal jurisdiction for crime of genocide, crime of war or other crimes against humanity. Article 51 Every Burundian has the right to participate, either directly or indirectly through their representatives, in the direction and in the administration of the affairs of the State, under reserve of the legal conditions, notably of age and of capability. Every Burundian has equally the right to accede to the public functions of their country. Burundi 2005 Page 11