Adolescent Reproductive Health, Including HIV/AIDS

In January 2003, Benin 's National Assembly adopted Law No. 2003-04 on Reproductive and Sexual Health. According to its main provisions: all men and women have the right to plan their families, using methods of their choice; they are entitled to methods that are safe, effective, affordable and acceptable; and women are guaranteed health care during pregnancy and childbirth aimed at preserving the health of the pregnant woman and the newborn. Furthermore, the law guarantees the following basic reproductive rights: equality of men and women in matters of reproductive health; reproductive self-determination; free choice in matters of marriage; access to information and education relating to reproductive and sexual health care; access to quality health services; non-discrimination in access to health care; and confidentiality. Responsibility for implementation of these rights lies with the state, local authorities and private individuals through their representatives.

Other provisions of the law deal with the administration of reproductive health services, including the creation of primary care and reproductive health services and separate services for adolescent reproductive health. The law addresses several reproductive health matters with greater specificity. It stipulates that the full range of legal methods of contraception shall be available upon medical consultation and affirms the right of individuals to decide on the number and spacing of their children and to have the information and means to do so. The law also affirms the legality of manufacturing, importing, selling and publicizing contraceptive methods and states that these activities shall be regulated by decree. The law pledges special care to those who have a sexually transmissible infection, particularly those living with HIV/AIDS, guaranteeing their right to non-discrimination. Persons who declare that they are affected by HIV/AIDS shall benefit from psychological support, counselling and receive special medical care.

Girl’s Education

Article 17 of the Constitution recognizes that "every person has a right to education." In Article 13, "the Government recognizes the duty to provide education to young people through public education and public schools." Under article 13 of the Constitution of December 1990, primary education is compulsory, and the State makes education for youth available by establishing schools, in which it is progressively introducing free tuition. The age for school attendance is six to seven years for the first and second years of schooling, and seven to eight years in cases of late admission in rural areas. The Government adopted a policy to improve the education of children between the ages of 5 and 14.The main objectives of the "decade of development in favour of the child", which grew out of the World Summit on Children (September 1990) include:

• Increase the overall school attendance rate from 60% to 78%;
• Increase the overall school attendance rate for girls to 60%;
• Sensitise parents to the educational needs of girls and establish conditions that favour their education.

Labour and Employment

The Labour Code prohibits the employment or apprenticeship of children less than 14 years of age in any enterprise; however, child labour remains a problem.

Gender Issues

The Constitution provides for equality for women in the political, economic, and social spheres. The law criminalizes the following acts: all forms of sexual violence targeting women and children; female genital cutting and paedophilia; intentional transmission of HIV/AIDS; sexual exploitation and forced prostitution; and forced marriage.

Abduction of a female minor constitutes a crime and is punishable by law. Rape is a crime punishable by 10-20 years of hard labour. The Penal Code provides that "whoever commits the crime of rape will be punished by a period of hard labour". If the crime was committed against a child under the age of 13, the guilty party will be sentenced to the maximum period of hard labour.

Although no law specifically prohibits trafficking in persons, the Government interprets its laws as prohibiting trafficking, particularly in under-aged girls.

International Conventions

Benin has ratified the Convention on the Rights of the Child and Convention (CRC) on the Elimination of all forms of Discrimination Against Women (CEDAW).

Age at First Marriage

According to the Civil Code, a young man must be at least 16 and a young woman at least 15 in order to marry. Forced marriage, which still takes place, constitutes a punishable offence and carries a sentence of two to five years imprisonment and a fine.