CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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Convention 182 of the ILO on the banning of the worst forms of child
labour and immediate action for their elimination (28 May 2001).
The United Nations Convention on Organised Transnational Crime and its
Additional Protocol aimed at preventing, curbing and punishing the
trafficking of persons, in particular women and children; its Additional
Protocol against the illicit trafficking of migrants by land, air and sea; and
its Additional Protocol against the manufacture and illicit trafficking of
firearms, their parts, elements and munitions (6 November 2003).
The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (20 September 2006).
At the regional level, Benin has acceded to the African Charter on the Rights
and Welfare of the Child (adopted by the OAU, which became the AU, in July
1990) signed on 27 February 1992 and ratified on 17 April 1997, together with
the following subregional agreements:
The Cooperation Agreement against the trafficking of children between
Benin and Nigeria (June 2005).
The Cooperation Agreement against the trafficking of children signed
between nine countries in the region: Benin, Burkina Faso, Côte d’Ivoire,
Guinea, Liberia, Niger, Mali, Nigeria and Togo (27 July 2005).
The Additional Protocol to the United Nations Convention on Organised
Transnational Crime, against the illicit trafficking of migrants by land, air
and sea (called the Palermo Protocol).
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With regard to national rights, the constitution of 11 December 1990 remains
the frame of reference as far as human rights are concerned. Article 147
stipulates that “Upon publication, treaties or agreements that have been
lawfully ratified take precedence over laws, and for each agreement or treaty,
subject to its application by the other party”.
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Articles 12 and 13 of the constitution specifically concern children and the
education of children in particular. Article 12 demands the guarantee of
education for children and the necessary conditions to achieve this end. Article
13 lays down the principles according to which the state should provide for the
education of children in public schools. Article 13 also states that primary
school is compulsory and that public education is free.
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In the context of the principle of nondiscrimination, Article 26 establishes that
“the State should protect the family, especially the mother and child”. Other
provisions, even when not specifically aimed at children, concern human
rights and certain rights enumerated in the Convention on the Rights of the
Child as part of human rights. These include the right to life, to freedom, to
security, and to the integrity of persons (Article 15); the presumption of
innocence and the rights of defence (Article 17); the banning of torture and
cruel, inhuman or degrading treatment; the right to medical assistance during
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