Act No. 31/An/18/8Th On Institutionalization Of Nurseries And Day-Care Centres.

Original Language Title: Loi N° 31/AN/18/8ème L portant institutionnalisation des crèches et des garderies.

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Act No. 31/AN/18/8th L establishing nurseries and day-care centres.


VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Law 171/AN/17/7th The organization of the Ministry of Women and Family;
VU Convention on the Rights of the Child ratified in 1990;
VU Decree No.2012-067/PR/MPF establishing and organizing the National Council of Childhood (CNE);
VU Decree No.2017-353/PR/MFF of 02 November 2017 amending Decree No.2010-0103/PR/MPFBF establishing and organizing a National Steering Committee and a Technical Committee for the Development, Implementation and Monitoring Evaluation of the National Strategic Plan for Children in Djibouti;
VU Decree No.2016-109/PRE of 11 May 2016 appointing the Prime Minister;
VU Decree No.2016-110/PRE of 12 May 2016 appointing members of the Government;
VU Decree No.2016-148/PRE of 16 June 2016 on the powers of the Ministries;
VU Circular n°010/PAN of 13/01/2019 calling for the second public session of the 1st Ordinary Session of the Year 2018/2019;
The Council of Ministers heard in its meeting of 23/10/2018.

Article 1: Definitions
For the purposes of this Act:
Small Childhood Development (SWD): the processes of child growth and learning that take place in the early years of life.
Crèche: any early childhood development structure that deals with very young children between 18 months and 3 years during the day when their parents work.

Custody: any early childhood development structure where children aged 3-4 receive support for sensory-motor, psychomotor, socio-emotional and cognitive development, as well as preparation for school by nurses.
Children in special need (EABS): any child in the inability to fully or partially perform one or more activities of everyday life, following a permanent or occasional impairment of his or her sensory, mental or motor functions of congenital or acquired origin.

ARTICLE 2: Purpose and scope of application
The purpose of this Act is to regulate the opening and operation of early childhood development structures, such as nurseries and daycare facilities in the Republic of Djibouti.
It defines early childhood reception structures and develops standards and standards to meet the needs of young children.
The age covered by the nursery and daycare service is fixed between 18 months to 3 years. The integrated services before 18 months are covered by parents and from 5 years old by National Education.

Article 3: Intersectoral collaboration
The National Steering Committee and the Technical Committee for the Development, Implementation and Monitoring Evaluation of the National Strategic Plan for Childhood in Djibouti are actively engaged and working with all relevant stakeholders to ensure effective DPE services and a holistic approach to the needs of children,
It is important that this collaboration be carried out at the national, municipal and regional level.

Childcare managers must provide integrated services that meet the needs of the child and respect the best interests of the child.
These services include:
- education,
- water and sanitation,
- nutrition,
- health, and
- the protection of the child
- “Civil protection”
- “Health and cleanliness”
They must be provided with special needs. The standards and standard for the opening and operation of nurseries and nurseries will be defined by an implementing decree.

Article 5: Providers of early childhood development services.
EPP service providers may be any natural or legal person of public or private law. Regardless of the legal status or type of service providers, the rules for the creation and organization of nurseries and daycare facilities or services are identical.
Can be service providers within the meaning of this Act:
- A public institution or territorial community,
- A private non-profit or non-profit institution.

Article 6: Qualification of service providers
EPP services staff must have experience in early childhood or in managing childcare facilities.
The staff must be composed of a body of educator, a nurse, a nurse and a nurse, depending on the number of children in accordance with the terms provided by the implementing decree.

Article 7: Conditions and conditions of opening
The opening and operation of nurseries and daycare facilities are subject to prior authorization from the Ministry of Women and Family. It shall ensure that the application submitted is in accordance with the provisions of this Act and shall meet the conditions set out in the Implementing Decree relating to health, nutrition, education and hygiene standards.
The request for authorization must be accompanied by an educational, health, nutritional record whose content is fixed by the decree of application.
Service providers are required to provide insurance to ensure that all children are at risk of accidents that they may be victims within their establishment.
In addition, they must submit a health certificate from the establishment established by the Ministry of Health that the structure complies with security standards.

Article 8: To obtain the receipt
The Ministry of Women and the Family decides on the application for permission to open the nurseries and daycare facilities.
It shall issue within a maximum period of thirty days a receipt, from the date of filing of the record, duly certified by an acknowledgement of receipt.
In the event of a refusal to grant the recipient, the author must be notified in writing of the reasons justifying the refusal within 15 days.

ARTICLE 9: Monitoring and monitoring
The nurseries and day-care centres are subject to regular monitoring and monitoring by the Ministry of Women and Family in collaboration with the Ministry of Education and Vocational Training and the Ministry of Health.

Article 10: Sanctions
A fine of 500,000 to 1,000 000 francs in Djibouti is punishable by anyone who opens a nursery or a daycare without authorization.
It is punishable by a fine of 2,000 000 francs in Djibouti and the withdrawal of its authorization for 5 years anyone who complies with the standards and standard set by regulation.

Article 11: Final provisions
This Act comes into force upon promulgation.
All government bodies, public or private institutions are responsible for the enforcement of this Act.
A period of six (6) months shall be granted to service providers involved in nursery and day-care services to comply with this Act.

Done in Djibouti, 27/02/2019

President of the Republic,
Head of Government