Le mariage forcé

English

Marriage is highly valued in Beninese society. It is associated with family alliances and reproduction. In most cases, it is the men in the clan who decide on marriage. However, various societal changes have led to variations in marital behaviour. Stereotypes and prejudices still confine women to secondary roles in economic, family and decision-making matters.

The customary/traditional consecration of the union is an essential step that must precede any religious or civil ceremonies. Customary/traditional and religious marriages are most conducive to forced marriages. Although rare, marriage by exchange or abduction still exists. Civil marriage is far from systematic. More innovative models of consensual unions are also emerging. Polygamy is a common cultural practice, but is not legalised.

The latest Multiple Indicator Cluster Survey (MICS), conducted between 2021 and 2022, indicates that, of the women aged 20–49 who participated in the survey, 28.4% had entered into a union before reaching the legal age of 18. Between 1 January 2024 and 14 April 2025, the Integrated Family, Women and Children Data System – New Generation (SIDoFFE-NG), which was set up by state authorities, recorded 336 cases of forced child marriage and 123 cases of forced adult marriage. Very few of these cases were recorded in Cotonou, the economic capital.

If an adult woman refuses to marry, she is likely to face family rejection and social exclusion, which can have serious socio-economic consequences (such as isolation, poverty, vulnerability, etc.).

Benin has signed several international conventions and charters that require mutual consent and prohibit child marriage. Beninese domestic law also requires mutual consent and sets a minimum age of 18 for both spouses. However, certain unions do not follow these provisions due to prevailing customs.

Complaints concerning forced marriages can be made to the police or the public prosecutor. The number of court decisions relating to forced marriage is difficult to ascertain. According to SIDoFFE-NG figures, 60 cases of child marriage and four cases of forced marriage of adults were dealt with by the courts during the specified period.

Access to justice and legal protection for girls and women is primarily affected by social barriers, especially when the family's honour is at stake. Customary or traditional chiefs play an important role in maintaining cohesion. They are often called upon to intervene as part of a general effort to ease tensions. In this context, many victims of gender-based violence (GBV) abandon legal proceedings in favour of an amicable settlement. Therefore, conflict management through compromise predominates over legal settlement methods.

According to many of the sources consulted, moving away from the place of residence and seeking help from a women's rights organisation (public or private) are the best alternatives to forced marriage.

Benin has implemented policies and strategies to combat GBV, including national and front-line structures that address the prevention of such violence, care for victims, and legal follow-up.

Policy

The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.

When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.

There is no policy paper for this country available on the website.

Land: 
Benin