V. GENERAL PRINCIPLES:
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The Charter is governed by the following five (5) main principles:
The non-discrimination,
The best interests of the child,
The right to life, survival and development,
The respect for children's views,
Informing children and promoting their participation
Non-discrimination:
42.
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The first constitutional guarantee of this principle is the direct integration of the African
Charter on Human and Peoples' Rights into the Benin Constitution (art.2). In fact, the
aforementioned charter requires that the full enjoyment of the rights it states is
recognized and guaranteed to all without any discrimination.
Then, the second constitutional guarantee is enshrined in Article 8 of the Constitution,
by the absolute obligation imposed on the State to ensure equal access to the various
basic social services; but also to guarantee full development to the citizen whoever he
may be.
This same principle is reaffirmed in Article 26 of the Constitution which states that
men and women are equal in rights.
In addition to these constitutional standards, various other laws also reinforce the
respect of the same principle.
For example, Law No. 2011- 26 of January 9, 2012 on violence against women, in its
Article 5, provides that the fight for equality between men and women is a national
priority.
To this end, principles and teachings for mutual respect between the sexes, learning
to live together, rejection and condemnation of violence, development of critical
thinking and analysis against violence and all gender inequalities will be taken into
account in the curricula.
The concern of avoiding disparity in treatment, for whatever reason, is established as
a guideline.
Law No. 2003-4 of March 3, 2003 on sexual health and reproduction, in its art 7,
reiterates the respect of non-discrimination in the field of reproductive health care.
The effective application of the principle is, however, particularly difficult for girls (see
below: (f): protection against abuse and ill-treatment).
The discrimination against girls in the family (early marriage), or at school (through
various abuses), was a serious handicap for their education and development, that
required specific programs to address it.
With regard to racist discrimination, the State organized two information days
respectively in 2010 and 2011 to take action on the measures adopted at the World
Conference on Racism, Discrimination, Xenophobia and Intolerance.
Finally, the Law N ° 2015-08 on Children's Code in the Republic of Benin, voted on
January 26, 2015 and awaiting promulgation, enshrines the principle of nondiscrimination in its article 7 which provides that : « Every child shall be entitled to the
enjoyment of the rights and freedoms recognized and guaranteed by this Law and is
entitled to equal treatment in respect of services, goods or services without
discrimination on the basis of race, ethnic group, social or national origin, sex,
language, religion, political affiliation or other opinion, fortune, birth, disability, family