542. In the same vein, the current Personal and Family Code pays attention to the
aspect of the physical integrity and the dignity of the woman. Article 411 states that
"the surviving spouse shall have the right to refuse to submit to degrading rites of
mourning that are likely to undermine her bodily, moral and psychological dignity or
her vulnerability. This refusal must not in any case be considered an insult to the
deceased person, which constitutes inheritance indignity, even when the custom
applies to the succession of the deceased ".
543. Generally speaking, the State expresses clearly, through the document
Accelerated Growth Strategy and Employment Promotion (SCAPE), its desire to
ensure the "Promotion of the equitable participation of men and women in power
management, respect for the law and the suppression of violence in all its forms”
through the “reinforcement of the protection of the physical integrity of women and
men, as well as of girls and boys, ... ".
3.2.2 - Harmful practices carried out on women including female genital
mutilation (Article 5)
544. The Personal and Family Code specfices in Article 411 (3) that "levirate,
sororate and inhuman and degrading confinement shall be banned".
545. The Criminal Code considers female genital mutilation as a sexual offence and
severely punishes it in Articles 217 to 222. The Children’s Code, in turn, prohibits in
Article 360 all forms of female genital mutilation, "any partial or total removal of the
external genitals of girls under 18 years or any other operation concerning these
organs ...".
546. In addition to these legal measures, other actions were taken by the government
and its development partners, including:
the study on harmful traditional practices followed by the adoption of the 2013
Notsé Declaration, in which traditional and religious leaders committed
themselves to put an end to practices that are harmful to children. This
Declaration earned Togo the prize for the best initiative in the fight against
harmful social and cultural practices during a forum held from 31 August to 6
September 2013 in Accra, Ghana, for children's organizations from West and
Central Africa;
the national study entitled "situational analysis targeting the practices of
infanticide, early marriage, placement of children in convents and the so-called
child witch phenomenon", accompanied by a communication and awarenessraising strategy to traditional and religious leaders.
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