b.
128
129
130
Parental Responsibilities (Art.20.1 ACRWC):
Articles 406 to 410 of the Personal and Family Code enshrine parental authority
defined in its content and terms of exercise.
Parents' failure to exercise this authority on children can generate a risk of removal of
parental authority whose conditions of implementation are provided in Articles 438 to
443 of the Personal and Family Code.
The new above-mentioned Child Code recognizes the right to a family environment in
its Article 21. It institutes precise duties of parents as that of feeding children (Art.35),
educating children (Art.36), giving them advice (Art.38); but recognizes to them the
ability to administrate the family discipline (Art.39) subject to certain limits (respect of
physical integrity, prohibition of torture and ill-treatments).
c. Protection in Case of Separation between Parents (Art.19.2 & 3, 25 ACRWC):
131
132
133
134
135
136
137
138
139
140
According to the third general census of the population and housing in Benin, more
than one child out of ten under 15 years do not live with their biological parents.
Generally, the majority of children under 15 years (69.6%) live with their biological
parents and 12.3% do not live with any of their parents whereas 12.7% live with their
mother and 5.4% with their father.
Boys live with the two parents (71.4%) more than girls (67.7%) while girls stay with
their single mother (12.9%) more than boys (12.5%) and fathers prefer keeping boys
with them (6.3% versus 4.5% of girls).
Taking into account the place of residence, children in urban areas live with their two
biological parents (72.4%) more than those of rural areas (64.3).
Statistics informing about the State's action in matters of protection of those children
are not yet centralized.
Article 425 of the Personal and Family Code entitles child parents or guardians and
the Office of the Public Prosecutor the ability to make a request to the relevant
President of the District Court for the ordinance of educational assistance measures
in favor of the non-emancipated minor whose health, security, morality are
jeopardized or if their educational conditions are really compromised, or still if children
by their misconduct or prodigality puts people in charge of parental authority or the
guardian in the incapacity to exercise their prerogatives of direction and care.
The protection of foreign or isolated children from their families is also taken into
account and often needs a joint intervention of the Ministry in charge of the Family,
the Ministry of Foreign Affairs and the Ministry of the Interior through OCPMFTEH. As
stipulated in bilateral and multilateral agreements concerning child trade. Altogether,
any foreign child found in the Beninese territory benefits from the same care until
contact is established with the parents in the country of origin. Ministries of Family,
Justice and Foreign Affairs organize then the repatriation.
But recently, the International Social Service (ISS) was experiencing a care program
for this category of children by the intra-national and international collaboration
between civil society organizations and government actors in all western African
countries. In Benin, the NGO ESAM is the national coordinator of the Western Africa
Network (RAO) for the protection of children implemented by the International Social
Service (ISS).
Benin has participated in various above-mentioned bilateral or multilateral
agreements and in relation with child trade that often specify the obligations of
collaboration when children from other countries are found in the others' territory.
The new above-mentioned Child Code recognizes in its Article 31 the right of children
to be informed about the situation of their family that promote the obligation of always