49. Under article 13 of the Constitution of 11 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.

48. In Benin, articles 107 and 108 of Ordinance No. 33-PR/MFPTT (Labour Code), dated 28 September 1967 prohibit the employment of a child under 14 years of age in any enterprise (even as an apprentice) and authorize labour inspectors, either on their own initiative or at the request of the child concerned, to call on the services of an approved physician to determine whether the work assigned to a child exceeds his strength.

51. Article 144 of the Civil Code stipulates that no man under age 18 and no woman under 15 may enter into marriage. Circular AP No. 128, dated 19 March 1931, containing the Dahomey Code of Customary Law, which is still in force on this subject for persons who have not opted for coverage by statute legislation, states that the age of marriage is 18 to 20 years for a boy and 14 to 15 years for a girl (art. 57). In practice this rule is not complied with on account, firstly, of the wide range of existing legal customs in the field of marriage, and secondly, on account of factors affecting the will of the future spouses, namely the fact that in traditional law and in rural areas marriage is an act entered into, not by two persons but by two families, and that consequently the wishes of the father exercising parental authority have a considerable impact on the conclusion of a marriage.

205. A minor under age 13 who commits an offence can only be subjected to supervision, surveillance or re-education measures. He may not be subjected to any penal sanction (art. 23 of Ordinance 69-23 of 10 July 1969).