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Lesbian, gay, bisexual, and transgender (LGBT) persons in Benin face legal issues not experienced by non-LGBT residents. Although same-sex sexual acts for both men and women are legal in Benin,〔 homosexuals continue to face widespread persecution and are rarely open about their sexuality. ==Law regarding same-sex sexual activity== Same-sex sexual acts are legal in Benin between consenting adults over the age of 21. The penal code in force in Benin is actually the Penal Code of French West Africa adopted by French colonial decree on 6 May 1877.〔French diplomat in Cotonou, Benin〕 A 1947 amendment to the Penal Code of 1877 fixed a general age limit of 13 for sex with a child of either gender, but penalized any act that is indecent or against nature if committed with a person of the same sex under 21: "Without prejudice to more severe penalties prescribed by the paragraphs that precede or by Articles 332 and 333 of this Code, shall be punished with imprisonment from six months to three years and a fine of 200 to 50,000 francs anyone who commits an indecent act or (act ) against nature with a minor...of the same sex under 21 years old."〔http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2012.pdf page 14〕〔http://www.legifrance.gouv.fr/jopdf/common/jo_pdf.jsp?numJO=0&dateJO=19471123&pageDebut=11567&pageFin=&pa geCourante=11569).〕 Article 88 of the 1996 ''draft'' Penal Code of Benin read “Anyone who commits an indecent act or an act against nature with an individual of the same sex will be punished by 1 to 3 years imprisonment and a fine of 100,000 to 500,000 francs.” This draft, however, was never voted into law.〔 In response to its 2008 UNHRC Universal Periodic Review, the representative of Benin stated, ”(the ) issue of homosexuality, the phenomenon is not ignored but is marginal. Families would never allow their children to be taken to court for such an offense, so no criminal ruling has ever been rendered, although it is provided for by law.”〔http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2012.pdf〕 But this official response is inaccurate because the National Assembly of Benin took up revising the penal code in 1996, 2001, 2008, and 2010 but has not yet codified a contemporary penal code addressing same-sex relations. Thus, the only law in effect regarding same-sex relations is from 1949, which sets an unequal age of consent for heterosexual and homosexual sexual relations.〔 On March 4, 2013 the French ambassador invited the Beninese Minister of Justice to a meeting to discuss Benin's official response to its 2012 UNHRC Universal Periodic Review. Benin had rejected recommendations from states calling on Benin to improve the situation for LGBT persons. But at the March 4th meeting, the Minister turned to her Deputy Director who subsequently said "certain things would be rectified."〔French diplomat, Cotonou, Benin〕 Among the more recently proposed laws regarding same-sex sexual activity is a draft penal code from October 2008, which has not yet been voted on. Unlike the 1996 draft, the 2008 draft of the Penal Code includes no reference to punishment for same-sex sexual relations between consenting adults in private:〔 :"SECTION IV: MORAL OFFENSES : :"Paragraph 1: Public outrage from assaults on decency : :"Article 542: Any person who commits an affront on public decency shall be punished by imprisonment of three months to two years and a fine of fifty thousand to two hundred and fifty thousand francs. :"Article 543: Any indecent offense, committed or attempted without violence or coercion, or surprise on the person of a minor under fifteen years of age, shall be punished with imprisonment of three to five years and a fine of fifty thousand francs to two hundred and fifty thousand francs or one of these penalties. :"Notwithstanding the heavier penalties provided in the preceding paragraph or Article 545 of this Code, shall be punished by imprisonment of six months to three years and a fine of fifty thousand to two hundred and fifty thousand francs anyone commits an indecent act or act against nature with an individual child of the same sex. :"However, indecent assault on a minor of fifteen years shall be punished by imprisonment of five to ten years and a fine of twenty thousand francs to one million francs or one of these two penalties only when it has been committed or attempted either with violence, coercion or surprise, or by legitimate, natural or adoptive guardian of the victim or by a person having control over him or her, or by two or more authors or accomplices or even by a person who has abused the authority conferred by his functions." 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「LGBT rights in Benin」の詳細全文を読む スポンサード リンク
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