CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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ii.
Conclusions of the CRM
271.
The CRM experts noted the considerable progress made towards promoting
women in Benin, although much still remains to be done.
272.
With regard to measures taken to promote and protect women’s rights, the
CRM states that Benin has introduced gender equality at the constitutional
level. The basic law has included the provisions of the African Charter on
Human and People’s Rights, which guarantees gender equality and the total
and equal protection for all under the law in Articles 2, 3, 4 and 5. Meanwhile,
Article 26 of the constitution highlights the principle of gender equality by
specifying: “the State ensures equality under the law for all irrespective of
origin, race, sex, religion, political opinion or social position.” On 12 March
1992, in Article 144 of the same constitution, Benin also ratified unreservedly
the CEDAW, as well as several other international and regional instruments11.
273.
With regard to the legal provisions guaranteeing women’s rights, several laws
have been promulgated. They include Law 2003-04 of 3 March 2003, on
sexual and reproductive health; Law 2003-03 of 3 March 2003, on the
elimination of female genital mutilation; and Law 2002-07 of 7 June 2004, on
the Individual and Family Code12.
11
Legal instruments on women’s rights: Ratification status (website of Women in Law and
Development in Africa – WiLDAF)
Protocol to the African Charter on Human and People’s Rights relative to Women’s Rights in
Africa (30 September 2005)
CEDAW, 12 March 1992.
International Covenant on Economic, Social and Cultural Rights, 12 March 1992.
International Covenant on Civil and Political Rights, 22 March 1992.
The African Charter on Human and People’s Rights, 20 January 1986.
Convention concerning Equal Remuneration for Men and Women Workers for Work of Equal
Value, 16 May 1968.
Convention on the Consent to Marriage, Minimum Age for Marriage and Registration of
Marriages, 23 June 1965.
12
Laws on women’s rights (WILDAF website)
Constitution of 11 December 1990, adopted in the referendum of 2 December 1990, into
which the African Charter on Human and People’s Rights of 1981 is integrated.
Civil law: legal duality as regards the family (application of laws since independence:
Customary Law of Dahomey of 1931 and Napoleonic Code of 1958).
Bouvenet Penal Code of 6 May 1877.
General collective labour agreement.
Labour legislation adopted by Law 98-004 of 27 February 1998.
Law 86-013, giving the general status of permanent government officials (permanent civil
servants or government employees) of 26 February 1986.
Law 86-014, spelling out the legislation on civil and military retirement pensions of 26
September 1986.
Law cracking down on incitement in favour of abortion and birth-control propaganda of 31
July 1920.
Nationality code (Law 65-17 of 23 June 1965).
Law 65-25 of 14 August 1965, relating to the organisation of the land ownership system in
Dahomey.
Law 2003-04 of 3 March 2003, relating to sexual and reproductive health.
Law 2003-03 of 3 March 2003, cracking down on the practice of female genital mutilation.
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