ABUSE AND INJUSTICE:the distress of widows and orphans

An inadequate legal framework 

Widows and orphans are a vulnerable group often exposed to abuse, especially when it comes to the inheritance left by a deceased spouse or father. In Benin, although the legislation protects children and, to some extent, widows, there are gaps in the implementation and specificity of the legal texts. 

Maxime Agoua, professor of public law, points out that Beninese law does not have a specific text for the protection of widows and orphans together. However, orphans are generally protected under the Children’s Code and various decrees. For widows, although the Personal and Family Code offers some protections, they often remain insufficient in the face of common cultural and social abuses.

The widows’ experience

On the subject, Hélène LOKONHOUNDE épouse NOBRE, social worker and head of the Parakou 2 Social Protection Single Window, notes that, despite legal protections, many abuses persist. After the death of the husband, it is not uncommon for the widow to be subjected to humiliating cultural practices, and then dispossessed of her property and chased from her home with her children. 

These practices exacerbate the economic and social vulnerability of widows, depriving them of the resources necessary to provide for their children. Maxime AGOUA, professor of public law and program officer at the Network of Structures for the Protection of Children in Difficult Situations (ReSPESD), emphasizes that Beninese law, although protective of children and widows, lacks specific texts for these groups when they are faced with situations of exclusion. The academic cites laws such as the Children’s Code and the Persons and Family Code, which offer general but often insufficient protections in cultural contexts where patriarchal traditions predominate.

Consequences for orphans 

Orphans are particularly affected by these situations. Deprived of material and moral support, many are forced to leave school and enter the world of work early, often in dangerous and illegal conditions. This cycle of poverty and lack of education perpetuates their marginalization and reduces their future prospects. 

Faced with these challenges, initiatives such as the Guichets Uniques de Protection Sociale (GUPS), previously known as Centres de Promotion Sociale (CPS), offer crucial support. These centres work to restore the rights of widows and orphans, providing legal and social support. They also collaborate with associations, such as the Association of Women Lawyers, to defend the rights of these vulnerable groups.

Preventive measures

To address these abuses and strengthen the protection of widows and orphans, it is imperative to raise awareness among communities about the legal rights of these individuals and to strengthen existing structures for easier access to justice. In addition, it is essential to develop specific legal frameworks that address the unique needs of these groups. 

Widows and orphans, already grieving the loss of their loved ones, should not be doubly victimized by legal injustices. The situation requires increased awareness and concerted action by authorities, non-governmental organizations and civil society actors to strengthen the implementation of existing laws and create more robust support mechanisms to protect the rights of orphans and widows.