Introduction

The Code of Persons and Family is a legal text that addresses issues relating, among others, to civil status and social protection. Like other countries, Burkina Faso has had such a code since 1989. However, it was recently amended following a unanimous vote by the Transitional Legislative Assembly on September 1, 2025. Major innovations in the new code include the prohibition of homosexuality and related practices, as well as modifications to the rules governing civil and marital majority.

Prohibition of Homosexuality and Related Practices

The new Code of Persons and Family explicitly addresses homosexuality. It establishes a prohibition, with sanctions, for behaviours deemed harmful to family structure, specifically the promotion of homosexual or related practices. These acts are punishable by imprisonment of 2 to 5 years and fines. Additionally, measures for expelling foreign offenders are provided (Article 210-3). With this repressive policy, Burkina Faso follows the lead of African countries such as Uganda and Ghana.

Civil Majority

Civil majority refers to the legal age at which an individual can perform acts of various kinds without parental permission or a guardian’s assistance—in other words, the age at which one can assume responsibility. In the previous code, civil majority was set at 20 years for all Burkinabè citizens. With the recent amendment, it has been lowered to 18 years. More specifically, anyone born on or after September 1, 2007, is now considered an adult. This aligns with the policies of several countries worldwide that set the same age threshold.

Marital Majority

Marriage is subject to both formal and substantive conditions, one of the main ones being marital age. Previously, a man had to be at least 20 years old and a woman 17 years old to marry. Under the new code, marriage can only be contracted between a man and a woman, both of whom must be at least 18 years old. However, exceptions can be granted by a judge in cases of serious reasons and in the best interest of the future spouses. Individuals under 16 years of age remain ineligible for such exceptions.

Conclusion

From the above, it is evident that there is a political will to address local realities in the regulation of certain situations, and to introduce into Burkina Faso’s legal framework rules for acts that previously lacked regulation. The impact of these reforms will, however, become clearer over time.

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