Senegal: Family Code (Code de la Famille)

Tuesday, 17 January, 1989

This is the full text, in French only, of the Family Code of Senegal. The relevant anti-discrimination provision was adopted on 17 January 1989 and has been in force since that date.

The Family Code governs familial rights and obligations. Article 371 is relevant to the right to non-discrimination and equality, because it ensures that “the wife, like the husband, enjoys full civil capacity.” In addition to providing the equality guarantees of Article 371, Act No. 89-01 of 17 January 1989 repealed several discriminatory measures of the Family Code, such as those allowing the husband to object to a wife’s pursuing her own occupation and allowing the family record book to be issued to the wife as well as to the husband.

In the matter of family law, it is not uncommon for Senegalese courts to refer matters to the religious courts to resolve the dispute in accordance with Islamic law. This is increasingly likely in rural regions.

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