70
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The Vital Statistics Registrar shall provide the provision, as evidence, the
documentary elements required for this purpose.
The new Children's Code, pending promulgation, recognizes these various children's
rights listed in Articles 17 to 33.
a.
Right to a Name, a Nationality (Article 6 ACRWC):
o
The Right to a Name:
72 Law n°2002-07 of 24 August 2004 on the Personal and Family Code sets basic
provisions related to the legal status of the person. It reminds in its Article 5 that any
person identifies with one or many first names and one family name. It is also defined
in this law, the conditions for granting a name to the child born in wedlock, as well as
out of wedlock and the adopted child (Art.6); along with the child whose father and
mother are unknown (Art 7).
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The law requires, in any case, that the given name should neither damage the child's
consideration nor that of another person (Art 7 and 8).
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Personal and Family Code sets also the conditions and the procedures of amending
or changing names (Art 9 and sec.)
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The conditions for acquisition of a name by a child are thus perfectly guaranteed in
Benin.
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The above-mentioned new Child Code, currently being promulgated, recognizes in
this regard to children in its Article 17, the Right to possess an identity including the
Right to a Name and the guarantee of their protection.
o
77
78
79
80
81
82
83
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.Right to a Nationality:
In Benin, the Nationality Code sets the conditions for granting nationality by law n°6517 of 11 April 1965 on Beninese Nationality Code. It is provided in its Art.9 that: "Is
Dahomean, any individual born in Dahomey who cannot claim any other nationality of
origin, either their parents are unknown or although well known, do not attach
themselves to any nationality".
The Constitution of Benin protects strangers, by providing in its Article 39 that
strangers have the same rights and freedoms as Beninese citizens, but in return they
have the duty to comply with Constitutional laws and rules.
The above-mentioned new Child Code recognizes in its Article 17 (a and b), the right
of children to identity protection including the guarantee of nationality.
o
The Right to Birth Registration:
Personal and Family Code enshrines in its Article 34 the Right to Birth Registration
and provides: "births, marriages and deaths are certified on registers in civil registry
centers".
In addition, Article 33 of the same text specifies that the state of people is only
established, and can only be proved by civil status documents, judgments or rulings
establishing the date of birth, and exceptionally affidavits.
The new above-mentioned Child Code recognizes in its Article 17, the right of
children to birth registration without fees.
However, credentials are actually lacking due to the absence of the civil status
certificate.
According to several surveys, the average rate of birth registration hides important
disparities according to the place of residence, the level of household incomes and
the level of instruction of the household head.
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Indeed, according to (DHSB-IV) 2011-2012, birth registration appears as follows:
Table N°1: Birth Registration of under five children