Implementing Human Rights in Benin: The Case of Inheritance Disputes

On 14 June 2004, Benin ratified a new Code on Persons and Family, adapting its previous dual legal system to the requirements of international human rights law. For the purpose of this article, I chose to focus on inheritance conflicts as a back door to questioning the implementation of a law directly inspired by international human rights standards and principles. When it comes to inheritance disputes, are human rights respected in Benin? What are the discourses of the judges, the lawyers, and the notaries regarding this new Code? How is it implemented and what are the obstacles to it? Combining both qualitative interviews with family members and participant observation in the courtrooms, I compiled a series of case studies, supplemented by interviews with judicial officials. These sets of data allowed me to grasp how laws are enforced and interpreted, and how citizens deal with their families and with the justice system.