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.
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