In non-
4
5.4
1
2.6
5
4.4
In host family
1
1.3
0
0.0
2
1.8
Non specified
residen
ce
37
50.2
27
69.2
64
56.6
Total
74
100
39
100
113
100
speciali
sed
instituti
on
Source: TBS December 2013
308
Considering the table above, the accompaniment of children in conflict with the law
includes schooling, health care namely body, psychological and hygienic care,
guidance for vocational training and health consultations.
309
Children will enjoy training in joinery, dressmaking, hairdressing, and some of them will
enjoy school reintegration.
c.
Children of imprisoned mothers
310
The new Child Code acknowledges in its articles 320 to 323 a new legal framework of
this category of child management: by defining first the right of the child born in jail
(art 320); the time limit of the child presence during the detention of the mother (art
321). The rights of the pregnant women deprived of freedom are also clarified (art
322); finally, the article 323 clarifies the necessary infrastructure accommodations for
female offenders.
311
However, pending the application of the above-mentioned rules, specific measures
are provided for the enforcement of the penalty regardless of the status of the mother
with the infant but based on the sex and the pregnancy. Therefore, the article 16 of
the criminal code provides that "penalty of women and girls sentenced to forced
labour will be enforced only inside the prison. The article 27 provides that pregnant
woman sentenced to death penalty shall not be executed until after delivery. But this
article has fallen into desuetude since Benin has ratified on July 5, 2012, the Optional
Protocol to the International Covenant relative to Civic and Political rights, aiming at
the abolition of death penalty.
312
However, in Benin, presence of children living with incarcerated mothers is effective in
the prisons. The following table shows the number of these children in three
(Cotonou, Porto-Novo and Abomey) of the country's nine civil prisons.
o
Civil
Table N° 17: Number of children living with their mother as of March 31, 2015
Defendants
p
Accused
Convicted
Total