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96
African Charter on Human and Peoples' Rights integrated directly to the Constitution
of Benin.
Furthermore, an Information and Communication Code has been adopted but not
promulgated yet. It plans to reinforce the constitutional principle set concerning
expression and communication.
The new Child Code currently being promulgated recognizes also this child right in its
Article 26.
Activities are undertaken with the existence of children clubs in schools as well as
different committees (created by the government, UNICEF and DANIDA) where
children are present and can express themselves.
d. Freedom of Thought, Conscience and Religion (Art. 9 ACRWC):
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98
Benin has enshrined this freedom in Article 23 of the Constitution by requiring the
respect of the State’s secularism in religious worship and the expression of beliefs.
Thus, the religious and philosophical communities' right to develop freely, and
manage freely their business without any supervision of the State is recognized.
The new above-mentioned Child Code recognizes this child right in its Article 27.
d. Freedom of Association and Peaceful Assembly (Art.8 ACRWC):
99
100
101
Benin has enshrined and guaranteed this right in Article 25 of the Constitution of the
Republic.
There are child associations such as the National Children's Advisory Council, Peer
Educators, teen clubs for teenagers, Girls for Girls Initiatives etc.
The new above-mentioned Child Code recognizes this children's right in its Article 28.
e. Protection of Privacy (Art.10 ACRWC):
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103
104
105
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Children's legal home is that of their father or more exactly that of the holder of the
parental authority on them. According to Article 14 of Personal and Family Code, "the
person is domiciled at the place of his/her main establishment or, for his/her
professional activity, at the place where he/she works".
The new above-mentioned Child Code, currently being promulgated recognizes this
child right in its Article 22.
Benin, under Article 20 of the Constitution provides that the domicile is inviolable and
specifies the restrictions admitted to this principle under the law.
Article 21 of the same instrument enshrines the protection of the secret of
correspondence and communications under the guarantee of the law. Article 8 of the
Constitution enshrines the inviolability of the person and the obligation of his/her
protection.
The inviolability of the domicile is also guaranteed by the criminal law that punishes
the offense of violation of the home, Art.184 of the Criminal Code.
Finally, the protection of private life involves the respect of the principle of
confidentiality that also protects children's private life in relation with the legal place,
imposing the respect of non-publication of proceedings and prohibiting the
dissemination of information taken from the file and legal proceedings on children,
Art.672, 673 of the Code of Criminal Procedure.