Switch dataset
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Fusce eget nibh consequat, pellentesque velit sed.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Integer luctus suscipit felis, sed aliquam tellus mattis in. Duis quis sodales nunc. Cras bibendum aliquet magna, id accumsan ligula convallis ac. Nullam molestie quis risus quis hendrerit. Vestibulum hendrerit felis quis enim mattis, ut varius augue.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Etiam volutpat tristique arcu eu vehicula. Ut a nunc vel dui blandit aliquet. Praesent magna mauris, viverra eleifend nunc non, bibendum posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Aenean ut mauris sed nisl dapibus efficitur in nec libero. Praesent aliquet sapien nec elit sodales venenatis. Aliquam orci nisl, suscipit at sodales ut, congue non massa. Curabitur gravida nunc id est imperdiet lobortis. Mauris quis urna semper, pulvinar tellus viverra, gravida leo. Duis scelerisque nulla at.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Mauris fringilla feugiat justo, in convallis neque euismod ut. Nam commodo justo maximus, faucibus eros id, porttitor urna. Pellentesque sit amet massa odio. Nulla facilisi. Aliquam euismod arcu sit amet molestie blandit.
Provisions related to forced marriage in Senegal are found in the 2001 Constitution, which addresses forced marriage at Article 18.
Provisions requiring consent to marriage in Senegal are found in the family code 2000, section 108 of which states that each of the future spouses, even a minor, must consent personally at the wedding. However, when the form of adopted marriage does not involve not the appearance in person of one or the other of the futures spouse at the time of its conclusion, they can be represented sent by proxy, provided that the formalities of the articles 126 and 127 were previously respected. Section 139 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.
There appears to be no legislation in Senegal that prohibits servile matrimonial transactions.
Provisions related to marriage trafficking in Senegal are found in the LAW TO COMBAT TRAFFICKING IN PERSONS AND RELATED PRACTICES AND TO PROTECT VICTIMS 2005, which prohibits trafficking for practices similar to slavery with imprisonment from 5 to 10 years and a fine of 5 to 20 million francs.
The minimum age for marriage in Senegal without parental consent is 18, without differentiation by gender, as set out on Article 109 of the 2000 Family Code. The minimum age for marriage in Senegal without parental consent is 16 for females, as set out on Article 111 of the 2000 Family Code. However, marriages below these minimum age are permitted for serious reasons and granted by the President of the regional court, as set out on Article 111 of the 2000 Family Code. These exceptions are not differentiated by gender.
Africa
African Court on Human and Peoples’ Rights
Civil
Paragraph 421
Legislative Measures: Decree 12 December 1905 concerning the suppression of the slave trade (Journal Officiel de l’Afrique-Occidentale Française 1906, page 17), amended by the Decrees of 8 August 1920 and 30 April 1946
Decree of 20 February 1946, making the marriage of a women under marriageable age or without her consent tantamount to her enslavement. (J.O.S. 1946, page 334).
Article 341 of the Penal Code, amended by the Decree of 19 November 1947 prohibiting the enslaving or the pledging of a third person.
Article 3 and 249 0f Art No. 61-34 of 15 June 1961, establishing a labour code (Journal Officiel 1961, page 1015), which define and provide penalties for forced labour.
Article 7
The human person is sacred. It is inviolable. The State has the obligation to respect it and to protect it.
Every individual has the right to life, to liberty, to security, to the free development of his personality, to corporeal integrity, notably to protection against all physical mutilations.
The Senegalese people recognize the existence of the inviolable and inalienable rights of man as the basis of all human community, of peace and of justice in the world.
Article 8
The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably:
These freedoms and these rights are exercised within the conditions provided for by the law.
Article 9
All infringement of the freedoms and all voluntary interference with the exercise of a freedom are punished by the law.
Article 14
All the citizens of the Republic have the right to move themselves and to establish themselves freely on the whole extent of the national territory as well as abroad.
These freedoms are exercised within the conditions provided for by the law.
Article 18
Forced marriage is a violation of individual liberty. It is forbidden and punished within the conditions established by the law.
Article 25
Everyone has the right to work and the right to seek [prétendre] employment. No one may be impeded in their work for reason of their origins, of their sex, of their opinions, of their political choices or of their beliefs. The worker may affiliate with a union and defend their rights through union action.
Article 245
Begging is prohibited.
Soliciting alms the days, in the places and under conditions consecrated by religious traditions is not an act of begging.
Any act of begging is liable to imprisonment three months to six month.
Will be punished in the same trouble those who leave beg minors twenty one years under their authority.
All have beggars worn or threat will entered without permission occupier or persons his house or in a home or in a pens or dependent; Or who will pretend wounds or disabilities; Or who will beg in meeting, unless it are husband and wife, the parent and Young children, the blind and its driver, will be punished by imprisonment of six months to two years.
Article 334
Those who, without an order from the constituted authorities, and in cases where the law orders the seizure of the accused, shall have arrested the detained or sequestered persons of any kind, shall be punished with penalties for forced labor in the course of ten to twenty years.
Anyone who lent a place to execute detention or imprisonment shall be subject to the same penalty.
The same penalty shall also be imposed on those who have concluded a convocation for the purpose of alienating the liberty of a third person free of charge or for consideration. The confiscation of money, objects or securities received in execution of the said agreement shall always be pronounced. The maximum penalty shall always be imposed if the person subject to the agreement is less than fifteen years of age. Anyone who has placed or received a person as a pledge for any reason shall be liable to imprisonment From one month to two years and a fine of between 2,000 and 150,000 francs or one of these penalties only. The term of imprisonment may be increased to five years if the person put up or received as a pledge is less than fifteen years of age.
The offenders may in any case be deprived of the rights mentioned in Article 34 for at least five years and not more than ten years.
Article 335
If the detention lasted more than one month, the penalty will be that of forced labor in perpetuity.
Article 346
Anyone who, by fraud or violence, abducts or causes to be abducted or has been dragged, diverted, displaced or has been dragged, diverted or displaced from places where they were placed by the authorities or the administration Of which they were subjected or entrusted, will undergo the penalty of forced labor in time of five to ten years.
Article 347
If the minor thus abducted or diverted is under the age of fifteen years, the penalty shall be that of forced labor in perpetuity.
However, the penalty will be that of forced labor from five to ten years if the juvenile is found alive before the sentence has been handed down.
The abduction will carry the death penalty if followed by the death of the minor.
Art.L.4.
Forced or compulsory labor is prohibited.
The term “forced or compulsory labor” means all work or service which is exacted from any person under the threat of any penalty or sanction and for which the said person has not offered himself willingly.
However the term “forced or compulsory labor” do not understand :
Art.L.279.
be punishable by a fine of 500 000 1,000,000 CFA francs and with imprisonment of 3 months to 1 year or one of these penalties :
c) any person who, by violence, threat deception, fraud or promise, or will be forced tried to force a worker to to hire, against his will, or by the same means, have tried to prevent or will have prevented from hiring or fill the obligations under the contract;
Section 1. trafficking
First article. The recruitment, transportation, transfer, harboring, receipt of persons by threat or use of violence, abduction, fraud, deception, abuse of power or of position of vulnerability or of the giving or benefit payment acceptance to achieve the consent of a person having control over another person, for the purpose of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude is punished with imprisonment from 5 to 10 years and a fine of 5 to 20 million francs.
The offense is constituted when the recruitment, transportation, transfer, harboring or involves a minor, even if none of the means listed in the preceding paragraph is used. Criminal detention from 10 to 30 years is incurred when the offense is committed through the use of torture or barbarism or to human organ harvesting or it exposes the victim to an immediate risk of death or nature of injuries lead to permanent disability.
Law to Comabat Trafficking in Persons and Related Practices and to Protect Victims 2005 (PDF)
Article 18
Forced marriage is a violation of individual liberty. It is forbidden and punished within the conditions established by the law.
Senegal Constitution 2001 (Rev 2009) – Constitute Project – English (PDF)
SECTION II OF THE PACKAGE, OFFENSES AGAINST PUBLIC DENIERS AND CRIMES AND OFFENSES OF OFFICIALS PUBLICS IN THE EXERCISE OF THEIR FUNCTION
Paragraph V Some offenses relating to the keeping of state acts- civil
Article 173
When, for the validity of a marriage, the law prescribes the consent of father, mother or other people, and that the registrar does not will be not assured of the existence of this consent he will be punished with a fine of 25,000 to 60,000 francs and imprisonment at least six months and one year at most.
Section 1. trafficking
First article. The recruitment, transportation, transfer, harboring, receipt of persons by threat or use of violence, abduction, fraud, deception, abuse of power or of position of vulnerability or of the giving or benefit payment acceptance to achieve the consent of a person having control over another person, for the purpose of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude is punished with imprisonment from 5 to 10 years and a fine of 5 to 20 million francs.
The offense is constituted when the recruitment, transportation, transfer, harboring or involves a minor, even if none of the means listed in the preceding paragraph is used. Criminal detention from 10 to 30 years is incurred when the offense is committed through the use of torture or barbarism or to human organ harvesting or it exposes the victim to an immediate risk of death or nature of injuries lead to permanent disability.
Senegal Trafficking in Persons Law 2005 – French (PDF)
Article 100 Purpose of the marriage bond
The marital bond creates the family by the solemn union of man and woman in the wedding. This link is not destroyed only by the death of one of the spouse or by divorce. The reduced bed separation only the effects.
Article 108 Consent of spouses
Each of the future spouses, even a minor, must consent personally at the wedding.
However, when the form of adopted marriage does not involve not the appearance in person of one or the other of the futures spouse at the time of its conclusion, they can be represented sent by proxy, provided that the formalities of the articles 126 and 127 were previously respected.
Article 109 Parents’ consent
The minor cannot contract marriage without consent of the person who exercises the paternal power to his respect.
This consent must include bear the designation of both future spouses. It is given either by the declaration made before a registrar, in front of a justice of the peace or before a notary prior to the celebration of marriage, either verbally during this celebration even.
Any parent can appeal to the judge of peace of the place of celebration of marriage if he considers that the refusal of consent is based on reasons not in accordance with the interest of the minor. After having regularly convened in the adjournment period the person who refuses his consent, the one by whom it was seized of the recourse and any other person whose hearing seems to him useful, the justice of the peace decides by prescription not likely to remedies to maintain the opposite refusal or on the contrary authorize the celebration of wedding. The procedure takes place in the judge’s office, in a non-public hearing, even for the pronouncement of gold Donation.
Article 111 Gender and age
Marriage can only be contracted between a man over the age of 18 and a woman over the age of 16, unless an age exemption is granted for a serious reason by the President of the Regional Court after an investigation.
Article 118 Oppositions
Article 138 Relative nullity cases
That it was celebrated by the official of civil status or ascertained by him or his representative, the nullity of marriage may be pro- stated:
1°) For defect of consent of one of the spouses if its agreement was obtained by the violence or given as a result of an error;
2°) For lack of authorization of the family;
3°) For non-payment of the portion of the dowry payable at the conclusion of marriage when the spouses have agreed to make it a condition of their union;
4°) For the helplessness of the husband;
5°) For serious illness and incurable making the cohabitation when the spouse knowingly concealed it at the time of marriage.
Article 139 Opening of the action
The invalidity action belongs to:
1°) To that of the spouses whose consent was vitiated;
2°) In the event of default family station, to the one whose consent was required or to the husband who needed this consent;
3°) To the woman in case of no payment of the due portion of the dowry or helplessness of the husband;
4°) No joint of the husband seriously ill and incusaddle.
Article 140 Ends of not receiving
However, the action in nullity ceases to be admissible:
1°) For defect of consent, when there has been cohabitation for six months since that the husband has acquired his full freedom or that through him error has been recognized;
2°) For lack of authorization family when the marriage has been expressly approved or tacitly, by the one whose consent was required or, when the latter, before the majority of the husband, left to pass a year without exercising the action while he had knowledge of marriage, or finally, if the husband is 18 years old gone without having made a claim.
3°) In case of impotence of the husband or concealment of the serious and incurable disease of one of the spouses, when the cohabitation continued for over a year.
Article 141 Case of absolute nullity
Whatever the shape of the marriage, its nullity must be stated:
1°) When it has been contracted without the consent of one spouses;
2°) When the spouses do not are not of different sex;
3°) When one of the spouses was not of the required age, in the absence of exemption;
4°) When there is between spouses a family relationship or alliance prohibiting marriage;
5°) When the woman was in the bonds of a previous union higher not dissolved;
6°) When the husband could not no longer contract a new one union due to the provisions of Article 133.
Article 142 Opening of the action and endings not to receive
The invalidity action based on the provisions of the preceding article can be exercised:
– By the spouses themselves;
-By anyone who is interest;
-By the public prosecutor, living of both spouses.
It is imprescriptible.
If, the action being based on the existence of a previous marriage laughing, one of the spouses or his successors claim nullity from this previous union, he will be ruled beforehand on the validity or nullity of this marriage, after questioning of the other spouse of the said union or his successors in title.
When one of the spouses was not of the required age, the nullity cannot be summoned after whether he has reached this age or when the woman conceived, to unless the action is intense ted by the woman herself.
In any other case the nullity does not can be covered
Article 146 Penalty for the absence of the ascertainment
When the spouses have chosen not to celebrate their marriage by state officer civil, if for some reason the conclusion of their union has not been ascertained by the registrar or his representative, marriage no found is valid, but they do not can rely on it with regard to of the State, communities public and institutions public or private to claim in particular for the benefit of family benefits.
In addition, fault by the spouses to satisfy without esteemed reason valid by the judge to the provisions duties charged to them by the Articles 125 and 130, they will be fined 3,000 to 18,000 francs