constituteproject.org PDF generated: 18 Apr 2016, 15:22 The right to strike is recognized and guaranteed. It is exercised under the conditions specified by the law which can forbid it or limit its exercise in the domains of national defense and of security or for any [public] activity or public service of vital interest for the Nation. • Right to found a family • Right to marry Article 40 Each individual has the right to marry with the person of their choice, of the opposite sex, and to establish a family. The family, the basic unit of the human community, is organized in a manner to assure its unity, its stability and its protection. It is placed under the protection of the public powers. The care and the education to be given to the children constitute, for the parents, a natural right and a duty which they exercise under the surveillance [and] with the aid of the public powers. The children have the duty to assist their parents. The law establishes the rules concerning marriage and the organization of the family. • Rights of children guaranteed Article 41 Every person, without distinction of sex, who is not more than 18 years of age, is a minor. All minors have the right to know the names of their father and of their mother. They have, equally, the right to enjoy the protection of their family, of society and of the public powers. The abandonment and maltreatment of children, notably pedophilia, sexual abuse as well as the accusation of witchcraft, are prohibited and punishable by law. The parents have the duty to take care of their children and to assure them of their protection against any act of violence both inside and outside their home. • State support for children The public powers have the obligation to assure protection to children in a difficult situation and to bring, to justice, the authors and their accomplices of acts of violence concerning children. All others forms of exploitation of minors are punished by the law. Article 42 The public powers have the obligation to protect youth against any infringement of their health, of their education or of their integral development. Article 43 All persons have the right to a scholastic education. It is provided by national education. National education consists of public establishments and approved private establishments. The law establishes the conditions of creation and of functioning of these establishments. The parents have the right to choose the mode of education to be given to their children. Congo (Democratic Republic of the) 2005 (rev. 2011) Page 13