h. The protocol to the African Charter on Human and Peoples
Rights relating to the rights of women in Africa signed on 6th
March, 2005.
II– REALITIES AND MEASURES TAKEN IN THE AREA OF
PROMOTION AND PROTECTION OF HUMAN RIGHTS
A-
Realities in the area of promotion of human rights
1- Respect for the integrity of persons and property
a- Respect for the human person
Violations to the physical integrity of the human being are punishable
both by the penal code in force and the proposed penal code. Specific laws
also protect the human person namely Act n° 2003-03 dated 03 March on
the repression of the practice of female genital mutilation in the Republic of
Benin making all violators liable, in article 4, to a 6 month to three year
term in prison and a fine ranging from one hundred thousand CFA francs
to two million francs (2,000,000) CFA.
Furthermore, the minority of the victim is an aggravating circumstance
and the perpetrator is liable to a criminal sentence in the event of the
victim’s death.
Article 8 of the Beninese Constitution sets forth that «the human being
shall be sacrosanct and inviolable, and that the absolute responsibility to
respect and protect him shall rest with the State», as stipulated in article 4
of the African Charter on Human and Peoples’ Rights.
Albeit, the death penalty still exists in the Beninese legal arsenal.
The fresh upsurge of crime and public condemnation of the latter have
not made militating for the abolition of the death penalty easy. However,
Benin advocates for the moratorium; the last executions date back to 1998
when 16 people were put to death.
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