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Criminal Framework:
166
Article 312 of the Criminal Code punishes any infringement to the physical integrity of
people and considers as aggravating circumstances the exercise of violence on
children less than 15 years in any form it may be. Voluntary assault and battery
leaving or not after-effects on children are thus prohibited.
167
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Specific laws are adopted to reinforce the Criminal Code. Among them, there are:
The law 2003-03 of 03 March 2003 on the punishment of female genital mutilations
(Art.4 to 9);
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Law 2003-04 of 03 March 2003 on the sexual health and reproduction (Art. 19);
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Law N°2006-19 of 5 September 2006 on punishment of sexual harassment and
protection of victims in the Republic of Benin (Articles 3, 4, 6, 7, 12, 16, 17, 20). This
law protects minors against sexual harassments and organizes its punishment. This
law takes into account the particular vulnerability of victims specially minors, in
situation or not of professional training and schooling;
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Law 2011-09 of 26 January 2012 on prevention and punishment of violence against
women.
168
Civil Framework:
The Personal and Family Code is the reference law in this domain. Articles 438 and
439 of the Personal and Family Code provide the removal of parental authority when
parents are criminally condemned for committing a crime or an offense on their
children, and when parents put in danger the security, health and morality of their
children "with ill-treatments, examples of pernicious daily drunkenness, remarkable
misconduct or criminality, a lack of care or direction".
169
Administrative Framework:
Corporal punishment is especially governed by the Circular N°100/MEN of 15 March
1962 on corporal punishment in schools.
Sexual violence in schools and general, technical, vocational, public and private
secondary educational institutions are subject to disciplinary sanctions provided by
the Ministerial Decree n°16/MEPS/METFP/CAB/SGM/SA/-2003) of 1st October 2003
on sanctions, in the administrative framework, to perpetrators of sexual violence in
schools, especially in primary schools, in junior schools, in general, technical,
vocational, public and private secondary educational schools and institutions, in
public and private high schools.
These administrative sanctions are applied independently of any criminal proceeding
against the authors.
170
171
172
The new Child Code creates a new legal framework regarding abuses and illtreatments on children: prohibition of sexual abuses (Art.190, 191, 203, 378),
prohibition of early marriage (Art. 181), punishment of infant prostitution (Art.383 to
386), prohibition of corporal punishments (Art. 119), punishment of torture and
inhuman ill-treatments (Art. 342 to 344), prohibition of child exploitation (Art. 203, 210)
of sexual exploitation and defilement (Art. 378 to 382), finally punishment of rape (Art.
345 to 348).