Togo’s Children’s Code of 2007 (Art. 267) sets the minimum age of marriage at 18 years, although the president of a court may, on serious grounds, grant exceptions to an individual age 16 or older of either sex. The same code also prohibits parents and guardians from promising children in marriage and requires consent of both spouses. The new Persons and Family Code, enacted in 2012, also establishes the principle of free consent in civil marriages and a minimum age of 18. In addition, the Persons and Family Code prohibits the practices of levirate, sororate and widowhood practices, although they remain relatively widespread. The law allows for the payment of bride-wealth, but sets a maximum amount that cannot be exceeded (10,000 CFA Francs). In practice, however, both the Children’s Code and the Persons and Family Code face challenges in their implementation, as laws are often ignored in rural areas and early and customary marriages remain relatively common. Most couples do not go to a civil registrar to have their unions legalized.
 CEDAW (2011) p.20  Idem, p.65  CEDAW (2012b) p.5  CEDAW (2012a) p.22 OECD (2014), Gender, Institutions and Development Database, http://stats.oecd.org  MICS4 (2010) p.98  CEDAW (2011) p.26  CEDAW (2012) p.22; World Bank (2013)  Emery (2013) p. 1206  World Bank (2013); CEDAW (2011) p.20  CEDAW (2012b) p.11  Emery (2013) p.1206  Lutheran World Federation (2006) p.2  CEDAW (2011) p.66  Idem  Idem; Emery (2013) p.1206  Emery (2013) p.1206  Idem  CEDAW (2012b) p.11  CEDAW (2012a) p.22  MICS4 (2010) p.164  Idem
A preliminary draft (validated in 2012 by yet to be adopted) of the revised Criminal Code also provides for sexual harassment, domestic violence, and rape, to be classed as separate offences and proposes respective sanctions.
Estimates from 2010 indicate that infant mortality rates are slightly higher for boys than girls, as are percentages of children who suffer from malnutrition or stunting.Vaccination rates are approximately the same for both sexes.
Legally, there are no restrictions on women in regard to owning property (Constitution of Togo, Art.2; 2012 Persons and Family Code, Art.363) and the new Persons and Family Code provides equal inheritance rights to surviving female and male spouses (Arts. 427-430). Although as mentioned above, the Code also allows for the application of custom in cases of inheritance, were a spouse explicitly choose this option (Art. 404).Under customary legal regimes, women do not have the right to own land. Rather, women are only able to access land on a usufruct basis, with permission from their husband or natal family. In the event of repudiation or divorce, women may be left in a precarious situation without any means of cultivating food crops.
The law provides for freedom of movement and the new 2012 Persons and Family code provides for equal decision-making power between spouses in choosing where to live. Women may also apply for a passport in the same way as a man.In addition, freedom of movement for the entire population is restricted in some areas, where security checkpoints are in place. Togolese women married to foreign spouses may not pass on their citizenship to the latter. While the Togolese nationality law discriminates against Togolese mothers passing their nationality to their children, the Constitution and Children’s Act both provide for equal rights.