152. The reforms were more extensive, covering all aspects to the point of
covering medical care of the husband by his spouse particularly under Law n°
89-01 of 17 January 1989, which repealed the provisions of the Family Code
since the latter seemed discriminatory against women. Thus, paragraph 1 of
Article 371 as amended, now establishes that «the woman, just like the husband
shall enjoy full civil capacity. ». This, however, resulted in the repeal of Article 13
which located the legal residence of the woman to the location chosen by the
man ».
153. Similarly, Article 154 which empowered the husband to object to the
exercise of a separate profession by the wife was repealed. Article 19 was also
amended to enable the wife to temporarily administer the property of the
absentee husband. Under the said Article, «once a declaration of absence is
deposited, the court appoints a temporary administrator of the estate who can
be the spouse in the matrimonial home ...». Finally, Article 80, which allowed
only the husband to issue the family civil status book, was also amended by the
addition of the following: «a certified copy of the family civil status book shall be
given to the wife at the time of establishing the marriage certificate».
154. The legislation was enriched to ensure better protection of vulnerable
groups from all forms of discrimination. The following legal texts illustrate this
fact :
Law n°99-05 of 29 January 1999, prohibiting the practice of genital
mutilation and supplemented with the adoption of two national action
plans for the elimination of this practice.
Law n°2005-06 of 10 May 2005 on combating human trafficking and
related practices and the protection of victims ;
Law n° 2008-01of 08 January 2008 on the amendment of the relevant
provisions of the General Tax Code which makes equal treatment in
matters of taxation a reality for men and women in Senegal ;
Law of Social Orientation relating to the promotion and protection of the
rights of persons with disabilities.
II.
RIGHT TO THE RESPECT OF HUMAN DIGNITY AND PROHIBITION OF TORTURE
(Articles 4 and 5)
(a) Respect of human dignity
155. Under Article 7 paragraph 1 of the Constitution, « The human person is
sacred and inviolable. The State has the obligation to respect and protect it.
Any individual has the right to life, liberty and security, unfettered development
of personality and physical integrity including protection from all physical
mutilation ».
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