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Summary: General overview of Benin's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Constitution: Articles 7 to 40 of the Constitution contain a number of rights provisions that do not distinguish on the basis of age, but also contain provisions that specifically address the rights of children: Legislation: Benin has a dualist legal system, in which customary law exists alongside French colonial law and post-independence national legislation. Legislation relevant to children is found throughout a number of Acts and governmental orders, including but by no means limited to: Legal Research Case Law Case Law Research Compliance with the CRC In depth analysis While welcoming new legislation with respect to sexual exploitation, the Committee has expressed its concern that there is insufficient information available as to the scope of the problem and the measures taken in response, and that gaps exist in the relevant law. The most notable deficit in national law in the area is that there is "a lack of clarity on the legal minimum age of sexual consent". The Committee has recommended that the State enact legislation to establish a clear minimum age of sexual consent, and enforce recent legislation aimed at combating sexual abuse and exploitation. Though steps have been taken to develop a juvenile justice system in Benin, a number of aspects of this system remain incompatible with the rights and principles set out in the Convention. The Committee has expressed particular concern at the inhumane conditions in juvenile quarters in prisons, at reports that children can be held for long periods in police stations and pre-trial detention centres, and that detained children are not always separated from adults. The lack of a minimum age for criminal responsibility is also a matter of utmost concern. Current legal reform projects
Article 147 of the Constitution of Benin provides that "properly ratified treaties or agreements shall, upon publication, have greater authority than the laws, provided that each agreement or treaty is applied by the other party". All provisions of the CRC are, therefore, binding in national law and can be invoked before any national authority, whether administrative, legislative or judicial. It is not clear to what extent the Convention has been raised in these settings, but as of 2005, the Convention had not yet been cited in a national court.
The National Assembly of Benin (Assemblée Nationale) maintains an official website in French (http://www.gouv.bj/spip.php?article645), and the Constitution is available in French from the website of the government of Benin (http://www.gouv.bj/IMG/pdf/la_constitution.pdf) and in English from the University of Minnesota Human Rights Library (http://www1.umn.edu/humanrts/research/benin-constitution.html). The International Labour Organization's NATLEX database provides links to selected Beninese legislation in French, as does the Droit-Afrique website (http://www.droit-afrique.com/index.php/content/view/14/52/), though the latter is largely limited to financial and employment law. In addition, the GlobaLex project at New York University has published a guide to legal research in Benin (http://www.nyulawglobal.org/Globalex/BENIN.htm), and both the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/benin.php) and World Legal Information Institute (http://www.worldlii.org/bj/) have assembled selections of relevant government and legal research links.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
Constitutional Court decisions are published in French on the Court's official website (http://www.cour-constitutionnelle-benin.org/courconsbj.html), and the website of the Supreme Court contains a number of useful case law resources (http://www.gouv.bj/spip.php?article206).
The Committee on the Rights of the Child has welcomed a number of measures taken to strengthen the legal framework on the rights of the child and aspects of national legislation that have been brought into conformity with the CRC, particularly the Persons and Family Code and the Draft Children's Code. However, the Committee has expressed concern that some aspects of national law remain incompatible with the rights and principles laid out in the Convention.
With regard to violence against children, the Committee on the Rights of the Child has noted a number of failings in national law. Child abuse, neglect, and ill-treatment remain common within the family, and corporal punishment remains legal and socially acceptable. Perhaps the most alarming failing is the continuing practice of infanticide of "sorcerer's children" in some communities, affecting children with disabilities or who present at birth in the breech position. The Committee has recommended that the State address these serious violations of children's rights by implementing legislation that explicitly prohibits such treatment, and by establishing complaint mechanisms to identify abuse. The Committee has also encouraged the State to enforce its laws relating to violence against children and to ensure that all such crimes are properly investigated, prosecuted and punished.
Please contact CRIN if you are aware of any current legal reform projects.