6- Protection of women and children The provisions of article 26 paragraph 2 of the Constitution that "the State shall protect the family, especially mothers and children » are in line with article 3 of the African Charter on Human and Peoples’ Rights and the provisions of other international human rights instruments. The adoption of act n°2002-07 of 24 August 2004 on the Persons and Family Code reinforces the existing legal mechanism for the protection of women and children’s rights. In article 30 thereof, this law puts an end to the legal dualism which prevailed in Benin with respect to the status of persons and property resulting from the co-existence of customary and modern law. The provisions of the code make it possible to combat cultural and traditional obstacles to the promotion of women and lays further emphasis on gender balance. Decree n°2002-464 of 28 October 2002 established the National Commission for Women’s Affairs. The age of marriage is 18 years for young girls and boys (article 123). Some practices are prohibited including: - levirate (article 122) - polygamy (article 125 and 143) The rights of the surviving spouse are recognised under inheritance (article 630 and 631); the couple shall choose its marital home (article 156) - parental authority shall be exercised by both the mother and father of the child (405 à 411) - voting age shall be fixed at 18 years (article 459) Non institutions governmental are holding organisations more and and more national human sensitisation rights sessions to disseminate this law extensively. - 17 -

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