on Civil and Political Rights,
55 article 14 of the Migrant Workers Convention,
56
articles 16 and 40 (2) (vii) of the Convention on the Rights of the Child,
57 article
10 of the African Charter on the Rights and Welfare of the Children,
58 article 7 of the
African Youth Charter,
59 article 22 of the Convention on the Rights of People with
Disabilities.
60 Of special importance are article 30 of The Hague Convention on the
Protection of Children and Co-operation in Respect of Inter-Country Adoption,
61
and article 22, paragraph 2, of the Convention on the Rights of People with
Disabilities.
It is important to stress that under Cape Verdean Constitutional Law (article 17
(1)), even if a right is not enumerated in the Fundamental Law, it can still be
considered as integrated in the Cape Verdean system of fundamental rights protection if it is not mentioned by the Constitution, if it is recognised by an international
treaty or even by a sub-constitutional law of the state, if it is a civil or a political right
and if it is substantively similar to other enumerated rights from the point of view of
the spheres of the individual that it protects.
62 With reference to article 12 of the
Universal Declaration on Human Rights, though not being a treaty-norm, its importance for the system can be established, because under article 17, paragraph 3, of the
Archipelago Basic Law, fundamental rights norms, both constitutional and legal,
shall be interpreted according to the instrument approved by the UN General
Assembly.
63
55 Approved for accession by the Law No 75/IV/92, of 15 March, published by the Republic’s
Official Gazette [Boletim Oficial], I Serie, n. 8, 15.03.1992, pp. 2–28.
56 Approved for ratification by the National Assembly’s Resolution No 46/V/1997, of 17 June,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 23, 2. Supplement,
17.06.1997, pp. 14–31.
57 Ratified by the Law No 29/IV/91, of 30 December, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 52, 30.12.1992, pp. 1–26.
58 Approved by the National Assembly’s Resolution No 32/IV/1993, of 19 July, published by the
Republic’s Official Gazette [Boletim Oficial], I Serie, n. 26, 19.07.1993, pp. 317–325.
59 Approved for accession by the National Assembly’s Resolution No 124/VII/2010, of 22 March
2010, published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 11, 22.05.2010,
pp. 216–226.
60 Approved for accession by the National Assembly’s Resolution No 148/VI/2010, of 24 January,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 4, 24.01.2010,
pp. 317–325.
61 Approved for accession by the National Assembly’s Resolution No 105/VII/2009, of 29 June,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 24, 29.06.2009,
pp. 474–486.
62 See the abovementioned decision to the Request by the Attorney General to the Constitutional
Court to Control the Constitutionality of Article 9(2) of the Law on the Judicial Council, Ruling No
07/2016, of 10 May, J. Pina Delgado (rap.), para. 2.11.5.
63 Ibid., para. 2.10, and especially the decision of the Constitutional Complaint, Maria de Lurdes
Ferreira v. Supreme Court of Justice, Ruling No. 11/2017, of 22 June, J. Pina Delgado (rap.),
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 42, 21.07.2017, para.
2.1.6.
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85
55 article 14 of the Migrant Workers Convention,
56
articles 16 and 40 (2) (vii) of the Convention on the Rights of the Child,
57 article
10 of the African Charter on the Rights and Welfare of the Children,
58 article 7 of the
African Youth Charter,
59 article 22 of the Convention on the Rights of People with
Disabilities.
60 Of special importance are article 30 of The Hague Convention on the
Protection of Children and Co-operation in Respect of Inter-Country Adoption,
61
and article 22, paragraph 2, of the Convention on the Rights of People with
Disabilities.
It is important to stress that under Cape Verdean Constitutional Law (article 17
(1)), even if a right is not enumerated in the Fundamental Law, it can still be
considered as integrated in the Cape Verdean system of fundamental rights protection if it is not mentioned by the Constitution, if it is recognised by an international
treaty or even by a sub-constitutional law of the state, if it is a civil or a political right
and if it is substantively similar to other enumerated rights from the point of view of
the spheres of the individual that it protects.
62 With reference to article 12 of the
Universal Declaration on Human Rights, though not being a treaty-norm, its importance for the system can be established, because under article 17, paragraph 3, of the
Archipelago Basic Law, fundamental rights norms, both constitutional and legal,
shall be interpreted according to the instrument approved by the UN General
Assembly.
63
55 Approved for accession by the Law No 75/IV/92, of 15 March, published by the Republic’s
Official Gazette [Boletim Oficial], I Serie, n. 8, 15.03.1992, pp. 2–28.
56 Approved for ratification by the National Assembly’s Resolution No 46/V/1997, of 17 June,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 23, 2. Supplement,
17.06.1997, pp. 14–31.
57 Ratified by the Law No 29/IV/91, of 30 December, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 52, 30.12.1992, pp. 1–26.
58 Approved by the National Assembly’s Resolution No 32/IV/1993, of 19 July, published by the
Republic’s Official Gazette [Boletim Oficial], I Serie, n. 26, 19.07.1993, pp. 317–325.
59 Approved for accession by the National Assembly’s Resolution No 124/VII/2010, of 22 March
2010, published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 11, 22.05.2010,
pp. 216–226.
60 Approved for accession by the National Assembly’s Resolution No 148/VI/2010, of 24 January,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 4, 24.01.2010,
pp. 317–325.
61 Approved for accession by the National Assembly’s Resolution No 105/VII/2009, of 29 June,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 24, 29.06.2009,
pp. 474–486.
62 See the abovementioned decision to the Request by the Attorney General to the Constitutional
Court to Control the Constitutionality of Article 9(2) of the Law on the Judicial Council, Ruling No
07/2016, of 10 May, J. Pina Delgado (rap.), para. 2.11.5.
63 Ibid., para. 2.10, and especially the decision of the Constitutional Complaint, Maria de Lurdes
Ferreira v. Supreme Court of Justice, Ruling No. 11/2017, of 22 June, J. Pina Delgado (rap.),
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 42, 21.07.2017, para.
2.1.6.
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85