status or other status, irrespective of the same for his parents or family members or
legal guardian ".
54.
The MICS 2015 reveals in accordance with the MDG 3.1 on the Gender Parity Index
(primary level) that the primary school net (adjusted) attendance ratio of girls divided
by the primary school net (adjusted) attendance ratio of boys is 0.9. For secondary
education, the same survey reveals for this index that the secondary school net
attendance ratio (adjusted) of girls divided by the secondary school net attendance
ratio (adjusted) of boys is 0.8.
Best interests of the child:
55.
Several provisions of Benin's substantive law enshrine the best interests of the child.
-
Regarding adoption:
Whether plenary or simple, it can only take place for proper reasons and if it is of
great interest for the adopted child (article 336 of the Personal and Family Code)
-
In the family environment and in case of institutional placement of the child:
Articles 425 et seq. authorize the delegation of parental authority in civil matters and
the deprivation of parental authority in criminal matters where, through the
misconduct of one or both parents or guardians, the family environment is no longer
conducive to the harmonious development of the child.
-
Regarding inheritance law:
A child simply conceived may succeed if he was born alive (Art 594 of the Personal
and Family Code)
-
Regarding criminal procedure:
Criminal and procedural provisions favorable to the respect of the best interests of the
child include among others:
The institution jurisdictional privilege for children suspected of perpetrators and coinfringers (Article 654 et seq. of the Code of Criminal Procedure);
-
-
The institution of an obligatory requisition at the expense of competent health
structures to carry out tests for the detection of HIV/AIDS and any other sexually
transmissible infection on the victim and its author in order to appreciate the
eventuality of a contamination that might create more harm to the victim of rape
(article 14 of Law n ° 2011-26 of January 09, 2012, on the prevention and
punishment of violence against women) ;
-
Regarding the sentencing
The minority of the victim constitutes an aggravating circumstance for certain
offenses, for example the aforementioned article 5 which provides that : when the
genital mutilation is practiced on a minor under 18 years, the perpetrator shall be
punished by a sentence of imprisonment of three (3) to five (5) years and a fine of up
to three million (3000000) francs.
56
Similarly, the minority of the victim is a decisive criterion for the classification of
certain offenses. Thus, according to the provisions of Law No. 2006-19 of September
05, 2006 on the punishment of sexual harassment and protection of victims in the
Republic of Benin, the age of the victim is one of the criteria of vulnerability reflecting
the constitution of the offense of sexual harassment (Article 3) and determining the