Africa

The petitioners are eleven minors and the non-governmental organization that shelters, educates, and cares for the eleven minors.

The applicant was sexually assaulted by a man who was awaiting trial for the attempted rape of another woman. Despite the seriousness of the alleged crime and the fact that the man had a prior rape conviction, the police and prosecutor had recommended that the man be released pending trial. The applicant sued the Minister for damages, arguing that the police and prosecutors had negligently failed to comply with a legal duty they owed to her to take steps to prevent the man from causing her harm.

In this decision, the Constitutional Court effectively banned polygamy in Benin. The Court found that Article 143 of the Benin Persons and Family Code was unconstitutional and discriminatory against women because it allowed polygamy only for men while women were to remain monogamous.  Consequently, the Court declared this provision contrary to Article 26 of the Benin Constitution, which requires gender equality.

The respondent, a German national, was denied permanent residence in Namibia despite being in a committed relationship with a Namibian woman, residing in Namibia for many years, and having a highly skilled job in Namibia. The respondent claims that the only reason her application was denied is because she was a lesbian woman in a homosexual relationship. She therefore filed suit against the Immigration Selection Board (“ISB”), arguing that it had discriminated against her in denying her application.

The appellant was convicted of defilement for having sexual intercourse with the complainant, who was 12 years old at the time.  The trial court sentenced him to life imprisonment.  He appealed, arguing that the prosecution did not satisfy its burden of proofs, that there was no evidence of violent force, that the complainant was his girlfriend, and that she consented.  The prosecution presented evidence of the complainant's physical injuries and the appellant's HIV-positive status.  The Court dismissed the appeal because sex with any girl younger than 16

The Child Care, Protection, and Justice Act regulates the care and protection of children, including regulation of: the responsibilities and rights of parents; the role of local authorities; prohibiting harmful practices; procedures when children are accused of crimes; establishment of a child justice court system; and general child welfare. Under Section 78, no child can be taken without the consent of a parent of custodial figure. Punishment for such a crime is up to 10 years imprisonment.

By Cynthia Grant Bowman & Elizabeth Brundige. 47 CORNELL INT’L L.J. 233 (2014). Copyright 2014 by the Cornell International Law Journal.

This Act consolidates the laws relating to children. It provides an overview of children’s rights, delineates the broad requirements concerning child maintenance and adoption, regulates child labor and apprenticeship, and discusses other ancillary matters concerning children generally. Part 1, Sub-Part 1 specifies several children’s rights and parental duties such as the right to parental property, education and well-being, social activity, and opinion. This Sub-Part also protects children from exploitative labor, torture, degrading treatment, and forced betrothal, dowry, or marriage.

The Children’s Protection and Welfare Act of 2011 aims to address issues of child custody. Stated goals of the act are to give women the right to raise their children and to protect the right of children to be supported by both of their parents.

Among other things, the Children’s Status Act gives children born out of wedlock the same legal privileges as children born to married couples (e.g., inheritance rights, custody, guardianship, etc.) and provides various legal mechanisms (e.g., court orders) to protect these rights.