CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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police custody or detention (Article 18); and the right to equality before the
law (Article 26). Article 40 states that the “State must integrate the rights of
the human being into literacy and education programmes in various school
cycles and universities and in all programmes of the Armed Forces, Public
Security and Allied Forces”.
298.
At the legislative level, Benin has taken the measures listed below to
strengthen the legal framework on the rights of the child and to synchronise
national legislation with international instruments:
Law 2006-04 of 5 April 2006, stating the conditions for the displacement
of minors and the abolition of child trafficking in the Republic of Benin.
Law 2006-31 of 5 April 2006, relating to the prevention, responsibility and
control of HIV/AIDS.
Law 2002-07 of 24 August 2004, relating to the Individual and Family
Code and to female genital mutilation.
Law 2003-04 of 3 March 2003, on sexual and reproductive health.
Inter-ministerial Decree 16/MEPS/METFP/CAB/DC/SGM/SA of 1
October 2003, which specifies sanctions to be imposed on the perpetrators
of sexual violence in schools in general, and in technical, professional,
public and private secondary educational establishments.
299.
The Individual and Family Code has been in force since 24 August 2004.
Based on the principle of equality, this legislation improves the legal status of
children in several ways. These include succession by all children, be they
legitimate or natural, girls or boys; the right to inherit from parents; and the
right of girls to choose their future husbands freely.
300.
Moreover, Articles 438 and 439 provide for the loss of parental authority when
parents have been convicted under criminal law for committing a crime or an
offence against their child, and when they endanger the safety, health and
morality of their child “by ill-treatment, pernicious instances of constant
drunkenness, acknowledged misconduct or criminality, lack of care or lack of
guidance”.
301.
Law 2003-04 of 3 March 2003, relating to sexual and reproductive health.
This law states the conditions under which contraception is permitted,
pregnancy voluntary terminated, and the conditions for taking care of persons
living with HIV/AIDS.
302.
Law 2003-03 of 3 March 2003, relating to the abolition of female genital
mutilation practices. This law abolishes the practice of female genital
mutilation.
303.
The law on child labour and trafficking was voted on by Parliament on 30
January 2006 and is awaiting promulgation by the president of the republic.
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