special assistance measures to be taken for the benefit of the harassed child (Articles
17 and 21).
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Finally, the Child Code voted by the National Assembly on January 26th and awaiting
promulgation provides in its Article 8 paragraph 2 that: "... the child's best interests
refers to the primacy of safeguarding and privileging above all the rights of the child
for its development, welfare, growth, and preparation to active, mature, and
responsible citizenship "
Right to life, survival and development:
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This principle in Beninese law provides for following constitutional guarantees:
The right of mothers and children to special protection measures (Article 8 of the
Constitution);
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the right to development and self-fulfillment of the person in its various dimensions
(Art.9 of the constitution);
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the right to be protected against torture, abuse or cruel, inhuman or degrading
treatment. (Art.18 of the Constitution);
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the right to be absolved of the duty of obedience when the order received shall
constitute a serious and manifest infringement with respect to human rights and
public liberties
Finally the right to a healthy environment (Art 27 of the Constitution) ;
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Death penalty is abolished in Benin. Article 679 of Law No. 2012-15 of March 18, 2013
on the Code of Criminal Procedure provides that: "If a minor over fifteen (15) years is
convicted, the court may either take one of the custody or rehabilitation measures
provided for in articles 688, 690 and 692 to 694 of this Code or pronounce a criminal
sentence with this reservation that the punishment cannot exceed the half of the
sentence to which it could have been condemned if it had been eighteen (18) years ".
Respect for children's views
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It is observed in guardianship. The law entitles a 16 year-old minor to call a family
council meeting (article 478 of the CPF) And the minor that completed 16 years of
age may on a consultative basis, participate in a family council meeting (Article 481 of
the Personal and Family Code).
Informing children and promoting their participation
61
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The "new" educational programs introduced since 1999 helped develop interactive
teaching practices, leading children to work in mixed groups at school and thus
seeking information in their home and community environments. These approaches
promote children's active participation and strengthen their capacity to protect
themselves.
Under the Benin-UNICEF cooperation program, there are various initiatives aimed at
facilitating the participation of children, including peer educators, adolescent clubs for
teenagers, Girls' initiatives for girls etc..: