Family in Mauritania

The main legal framework includes the Code du Statut Personnel (CSP, Loi 2001-052), the Code de l’état civil (Loi 2011-003), the Code général de protection de l’enfant (Loi 2018-024) and Ordonnance 2005-015. A khitba is a marriage proposal and has no legal effect by itself. A mariage is an official contract. The usual requirements include two spouses, consent, a weli, an agreed SADAQ, two witnesses and the required civil-status procedure. Marriage capacity begins at 18. An adult woman gives her own consent and also has a weli. The marriage contract can include conditions, including a monogamy clause. Polygamous marriage is permitted subject to equitable treatment and prior information requirements. An official marriage should be registered through the civil-status system within three months. A marriage that was not registered is generally provable only through a final court judgment. Marriage creates duties concerning housing, NEFAQA, fidelity and mutual assistance. NEFAQA covers food, clothing, housing and necessary needs, and courts assess it according to resources, needs and living costs. The CSP places family responsibility on the husband and participation in family life on the wife; a wife generally controls her own property. Legal parentage, called filiation, follows the applicable marriage, recognition and evidence rules. Adoption does not create legal filiation under this framework. When a child has been abandoned or left without care, the responsible institutions determine arrangements for garde and entretien. HADHANA concerns the daily care and protection of a child and is distinct from tutelle. After separation, the mother generally has priority for HADHANA, followed by the defined order of relatives, subject to the child’s welfare and the carer’s aptitude. The other parent retains visiting and information rights. HADHANA is normally not paid. A failure to pay court-ordered NEFAQA for more than two months can have criminal consequences. A man’s répudiation proceeds through a judge or MOUSLIH with conciliation. Divorce is judicial. A wife may seek divorce for proven préjudice after unsuccessful conciliation, lack of cohabitation for more than one year or other grounds in the CSP. The Direction de la Famille, de la Promotion Féminine et du Genre (DFPFG) handles family conflicts, social and legal advice, mediation and assistance with maintenance claims. The Ministère de l’Action Sociale, de l’Enfance et de la Famille (MASEF) leads family, women’s and child-protection policy, with regional structures for cases outside Nouakchott. Tribunaux des Moughataa, civil chambers, the Parquet and MOUSLIH handle status, maintenance, custody and divorce matters. Legal aid is available through a regional office for people who can show need and a prima-facie justified claim; the service is free and is intended to be decided within 15 days to a maximum of one month. Family-conflict complaints through the DFPFG are recorded as free, although processing time is not defined. MASEF has a mandate to address family and domestic violence. Child-protection law addresses violence, exploitation and harmful practices, but implementation and reporting are uneven. Families, community leaders and NGOs remain relevant informal pathways, especially where formal services are distant. CPSE provides protective, psychological, legal and social support and reintegration; documented units include El Mina, Dar Naim and a Sebkha cell. The Direction de l’Enfance supports child rights, early care and protection. DASSN and DPSSN provide social assistance and support related to older people, while DPSH supports people with disabilities. Taazour and Tekavoul use the social registry for social transfers; the national registry lists 353,272 households and Tekavoul covers 133,510 extremely poor households. DPSH transfers to families of children with multiple disabilities are recorded as ongoing, with the research record showing 0 MRU. Civil-status documents affect identity, schooling, inheritance, benefits and access to services. A birth should be registered within 60 days. The informant may come from the wider family, and a health-facility birth extract together with the parents’ marriage certificate supports registration. Registration is free, while copies cost money. A death should be registered within 30 days by heirs or a legal representative using the relevant health or death extract, birth certificate, burial authorization and two witnesses. A death certificate supports burial, inheritance and social assistance. Marriage, divorce and death certificates provide evidence of civil status. Inheritance follows the CSP and Islamic shares. People seeking family services may need identification, civil-status documents and proof of residence or municipal connection, depending on the institution or court. Distance, fees, missing documents, weak network or service access, language and limited information can delay assistance. Services and protection are concentrated in Nouakchott, although regional MASEF structures exist. Available UNICEF statistics report birth registration for 45% of children under five, marriage before age 18 for 37% of women aged 20 to 24, violent discipline for 80% of children aged 1 to 14, and FGM for 64% of women aged 15 to 49. Early-childhood indicators report adult stimulation for 44% of children aged 24 to 59 months and participation in early childhood development services for 12% of children aged 36 to 59 months.