The Convention of the United Nations relative to the child's rights is the international legal Setting of reference for all question of the childhood. The Democratic Republic of Congo as having left taking since a lot of years, had to get in order taking its content in this legislation. This obligation has been executed with the advent of the law no 09/001 of January 10, 2009 carrying protection of the child. This legal setting had foreseen to put on foot of the judicial and administrative structures to attend this category of no one once it puts the act that the law qualifies default because its vulnerability imposes to reserve him a particular treatment. But practically, the applicability comes up against an unspeakable cacophony. On the one hand, in other cities and territories of the country, one simply notes the absence of these structures and on the other hand, it is a heterogeneous mixture between the jurisdictions of common right and jurisdiction for miners, procedure of common right and special procedure for miners. All these difficulties make that these miners don't benefit from an aid that the international and national texts reserve to them.