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.
Article 181 of this Code prohibits all practices enabling early or forced marriage of girls under 18 years of age, including by coercion, psychological pressure, emotional blackmail, or social pressure. Anyone who arranges such a marriage is liable to imprisonment for up to 10 years and a fine (Article 375). In addition, Article 331 of the Code provides that any individual who by tradition or custom is responsible for the pregnancy of a minor girl can be sentenced for up to two years imprisonment and is liable for a fine.
Article 4 of the Labor Code prohibits sex discrimination during recruitment, work implementation and division, professional training, promotion, remuneration, benefits or termination of employment. Article 126 also recognizes the principle of equal work for equal pay. Article 170 guarantees paid maternity leave and Article 171 ensures women’s employment security while on maternity leave.
Several constitutional provisions further entrench and protect women’s rights by mandating equal treatment of men and women and that no individual can be subject to degrading treatment. Article 26 establishes equality before the law and emphasizes the need to protect mothers, children, people with disabilities, and the elderly. Furthermore, Article 6 guarantees women’s right to vote and to participate in the political process. Article 18 prohibits torture and inhumane treatment. Article 19 provides accountability measures for agents of the state for these tortious acts.
The Persons and Family Code of Benin which came into force in 2002 contains a number of provisions that protect women’s rights with respect to their spouse, the marital home, and the upbringing of children. For example, Article 1030 provides that uncodified customary law in Benin, which traditionally was discriminatory against women, is superseded by the Persons and Family Code. Article 119 of the Code states that marriage requires the consent of both spouses, and it provides women with the same rights as men in marriage.
This law criminalizes child labor, exploitation, and trafficking. Exploitation includes, but is not limited to, all forms of slavery and servitude, forced labor, the use of children in armed conflicts and for organ trafficking, child prostitution and pornography of any kind, the use of children in other illicit activities, or any other activity that could put a child’s health, safety, and morality at risk.
The Parliament enacted this law as a response to a study ordered by government ministers that revealed that 69% of women in Benin had been the victim of some form of gender-based violence at least once in their lives. The law seeks to tackle and abolish all forms of violence against women and girls in the Republic of Benin. The law has a wide scope and adopts a very broad definition of violence that includes physical, sexual, moral, psychological, and economic violence, and any threats of such violence, both in the public and domestic domain.
Article 11 of this Act establishes that women have the same rights as men to access, own, use, and make decisions over land.
L’article 11 de la loi portant sur le régime foncier rural garantit aux femmes les mêmes droits d’accès, de propriété, d’usage et pouvoir décisionnel sur la terre que les hommes.
This law criminalizes female genital mutilation (“FGM”), except if surgery is required for medical reasons and carried out on the basis of medical prescriptions. An individual found guilty of performing FGM of any kind, or assisting in the performance of the mutilation, can face up to three years in prison and a fine of up to 3,000,000 francs. If the mutilation was carried out on a minor, the prison sentence is between three to five years.
The law states that sexual harassment occurs where anyone repeatedly gives, orders, or conveys a message, or makes threats, imposes constraints, exerts pressure, or uses any other means to obtain sexual favors for themselves or a third party from a person in a vulnerable or subordinate position, and against the will of the harassed person (Article 1). Vulnerability to harassment depends on age, social and economic status, physical or mental health, or any other factor which a judge may deem relevant (Article 3).
