LGBT Rights in Atlantique
Department

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Public Opinion

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History

Homosexual activity in Atlantique

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Homosexual activity in Atlantique is legal.

Current status
Legal
Benin does not have a law on the books criminalizing homosexuality.

Same-sex marriage in Atlantique

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Same-sex marriage in Atlantique is banned.

Current status
Since 2002
Banned
Article 123 of the Persons and Family Code (2002) states: “Marriage may only be contracted between a man of at least eighteen years of age and a woman of at least eighteen years of age.”

Censorship of LGBT issues in Atlantique

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Censorship of LGBT issues in Atlantique is no censorship.

Current status
No censorship
In Benin, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Atlantique

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Right to change legal gender in Atlantique is illegal.

Current status
Illegal
There are no procedures provided for legal gender recognition in Benin.

Gender-affirming care in Atlantique

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Gender-affirming care in Atlantique is restricted.

Current status
Restricted
No known law in Benin criminalizes gender affirming care, but availability may be very limited. Trans people have been known to be refused hormonal treatment.
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Legal recognition of non-binary gender in Atlantique

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Legal recognition of non-binary gender in Atlantique is not legally recognized.

Current status
Not legally recognized
There is no legal recognition.
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LGBT discrimination in Atlantique

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LGBT discrimination in Atlantique is illegal in some contexts.

Current status
Illegal in some contexts
No explicit protections based on gender identity. There are limited protections based on sexual orientation and sexual life.

Article 394 (Sensitive Data) of Law No. 2017-20 on the digital code in the Republic of Benin states: "The processing of personal data revealing racial or ethnic origin, political opinions, religion or beliefs, trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person are prohibited."

Article 6 of the Personal data Protection Law (2009) states:
"It is prohibited, without the express consent of the person concerned, to collect or process personal data which reveal, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions, trade union membership of persons or data relating to the health and sexual life of such persons."

LGBT employment discrimination in Atlantique

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LGBT employment discrimination in Atlantique is no protections.

Current status
No protections
Law No. 98-004 of January 27, 1998 on the Labor Code in the Republic of Benin does not protect LGBT from discrimination.
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LGBT housing discrimination in Atlantique

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LGBT housing discrimination in Atlantique is no protections.

Current status
No protections
Law No. 2022-30 establishing the legal regime of the lease for residential use and Law No. 2018-12 establishing the legal regime of the lease for domestic residential use do not explicitly protect LGBT people from discrimination.

Same-sex adoption in Atlantique

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Same-sex adoption in Atlantique is illegal.

Current status
Since Nov 26, 2015
Illegal
Article 96 of the Children's Code of Benin (Law 2015-08) establishes that full national adoption may be requested:
a- jointly after five years of marriage between two spouses who are not legally separated, at least one of whom is 35 years of age;
b- by a spouse with respect to their spouse's children;
c- by any single person over 35 years of age.

Article 3 defines a couple as two persons of opposite sexes united by the bonds of marriage.

Additionally, Article 104(d) on the "Criteria for Admission of an International Adopter" establishes that a foreign couple wishing to adopt a child with Beninese nationality must not be homosexual.
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Intersex infant surgery in Atlantique

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Intersex infant surgery in Atlantique is not banned.

Current status
Not banned
There is no ban on surgeries performed on intersex infants in Benin.

Article 186 of the Children's Code of Benin states: "Surgical operations on the genital organs performed under medical prescription are excluded from the forms of sexual mutilation."

Serving openly in military in Atlantique

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Serving openly in military in Atlantique is ambiguous.

Current status
Ambiguous
Law No. 2005-43 of June 26, 2006 Relating to the general status of Military Personnel of the Beninese Armed Forces does not exclude LGBT people from serving but includes moral provisions.
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Blood donations by MSMs in Atlantique

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Blood donations by MSMs in Atlantique is legal.

Current status
Legal
No specific restrictions for LGBT people according to Decree No. 1999-639 on Regulating the donation of whole blood and the distribution of blood and its derivatives in the Republic of Benin and the National Blood Transfusion Agency.

Conversion therapy in Atlantique

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Conversion therapy in Atlantique is not banned.

Current status
Not banned
Conversion therapy is not banned.
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Equal age of consent in Atlantique

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Equal age of consent in Atlantique is equal.

Current status
Since Jun 4, 2018
Equal
Article 545 of The Penal Code (2018) establishes greater penalties for anyone who has committed an indecent or unnatural act with a minor of the same sex. However, the age of sexual consent is equal regardless of gender.
Previously, article 331 established the age of consent for same-sex relations at 21.
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