2.
The Application is filed against the Republic of Benin (hereinafter referred
to as “the Respondent State”), which became a party to the African Charter
on Human and Peoples’ Rights (hereinafter referred to as “the Charter”) on
21 October 1986 and to the Protocol to the African Charter on Human and
Peoples’ Rights on the Establishment of an African Court on Human and
Peoples’ Rights (hereinafter referred to as “the Protocol”) on 22 August
2014. On 8 February 2016, the Respondent State deposited the Declaration
provided for in Article 34(6) of the Protocol (hereinafter referred to as “the
Declaration”) by virtue of which it accepted the jurisdiction of the Court to
receive applications from individuals and Non-Governmental Organisations.
On 25 March 2020, the Respondent State deposited with the African Union
Commission (hereinafter referred to as “the AU Commission”) an instrument
of withdrawal of the said Declaration. The Court has held that the withdrawal
has no bearing on pending cases and new cases filed before the withdrawal
came into effect which was on 26 March 2021.1
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that the Respondent State’s parliament
adopted the Law of 24 August 2004 on the Individual and Family Code of
Benin (herein after referred to as, “the Law of 24 August 2024”). According
to the Applicant, Article 6(1)(3) and (4) of the said Law contravenes the
instruments for protection of women’s rights ratified by the Respondent
State.
4.
The Applicant avers that on 18 December 2017, he lodged a petition with
the Constitutional Court of the Respondent State challenging the
1Houngue
Éric Noudehouenou v. Republic of Benin, ACtHPR, Application No. 003/2020, Order of 5
2020 (provisional measures), §§ 4-5 and corrigendum of 29 July 2020.
2