vulnerable person (pregnant woman, child) or where it leads to mutilation or permanent
disability ;
-
Law No. 028-2008/AN of 13 May 2008 on the Labour Code of Burkina Faso: this law sets
forth equal opportunities for men and women in the area of access to employment. A special
protection is granted to pregnant women who enjoy the necessary rest for their well-being ;
-
Law No. 055-2004/AN of 21 December 2004 on the General Code of Territorial Authorities
of Burkina Faso which confers on both men and women the same rights of participation in
citizenship action and the management of local affairs;
-
Law No. 013-98/AN of 28 April 1998 as amended by Law No.019-2005/AN of 18 May 2005
on the legal regime applicable to employment and Civil Service which guarantees access to
public employment by any person without any gender-based discrimination ;
-
The Personal and Family Code of 1989: it seeks the improvement of the legal status and the
social protection of women and children. It establishes the legal bases for social justice
within the family.
II.
Applicability or incorporation of the Protocol in the National Courts
296. Article 151 of the burkinabè Constitution lays down the principle of primacy of
international human rights law over domestic legislation, as long as the former has been ratified.
According to the burkinabè legal system, duly ratified international conventions are directly
applicable when they provide rights directly to citizens. In case of contradiction, international
law is viewed as superior to the domestic law. Immediately the ratification instruments are
published, the text of the international law can be a source of reference for both third parties and
for judges. The latter may not need a law for special incorporation. Thus, the provisions of the
protocol can be directly invoked by the citizens before the national courts.
III.
Description of State institutions related to the Protocol
A. The Ministry of Women’s Affairs and Gender (MPFG)
297. The Ministry of Women’s Affairs and Gender was established on 10 June 1997 by
Decree No. 97-270/PRES/PM. Its main mission consists of ensuring the implementation and
monitoring of government policy in the area of the socio-economic development of women. In
2012, the gender aspect was domesticated and its name changed to the Ministry of Women’s
Affairs and Gender (MPFG). The MPFG has thirteen (13) regional directorates responsible for
the implementation and monitoring of the missions assigned to the Ministry within their
territorial jurisdiction. It must also be noted that the creation of Women’s Centres in all the
provinces of Burkina Faso was to assist in promoting the development of burkinabè women
through provision of support for the setting up projects, implementing economic activities etc.
Facilitators from the MPFG are in charge of the supervision of women.
B. The Ministry of Justice, Human Rights and Citizenship
298. The Ministry of Justice, Human Rights and Civic Development (MJDHPC) is responsible
for the implementation of the government’s human rights policies and civic development among
the citizenry. Through its agency responsible for the protection of human rights abuses, the
MJDHPC ensures promotion and protection of group rights including those of women.
74
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