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Women's rights
The principle of equality of men and women with respect
to citizenship and before the law is expressly stipulated in the Tunisian constitution and the country's laws.
It is confirmed in the Constitution, article 6 of which states: "All citizens have the same rights and the
same duties. They are equal before the law"; articles 20 and 21 recognize to women the right to vote and to
stand for public office.
The Code of Personal Status, promulgated on August 13, 1956, abolished polygamy, instituted judicial divorce, set
the minimum age for marriage at 17 for women and made it contingent upon their own consent, and gave widows the
right to custody of their minor children.
Since the Change of November 7, 1987, several measures have been taken to strengthen the gains of Tunisian women,
with a view of doing away with gender discrimination and establishing partnership between spouses, for the benefit
of children and the family.
– On the constitutional level :
On October 27, 1997, President Ben Ali promulgates a constitutional law granting eligibility to election to parliament
to any voter with one Tunisian parent, without distinction as to whether that parent is the father or the mother.
– Amendments to the Code of Personal Status (July
12, 1993):
- * The obligation is laid upon both spouses of "treating
each other with mutual respect and assisting each other in managing the household and the children's affairs,"
replacing a clause which prescribed that "a woman must obey her husband and respect his prerogatives."
- Consent of the mother to the marriage of her child,
when the latter is a minor.
- Participation of the mother in the management of her
children's affairs.
- Granting a married woman who is a minor the right to
manage her own private life and affairs, thanks to emancipation through marriage (Art. 153 of the CSP).
- Creation of a fund ensuring payment of alimony and child
support to divorced women and their children. Payments are made from this fund on the basis of binding court decisions
in favor of divorced women and children born of their union with the defaulting payer, when difficulties are encountered
executing these judgments.
– Amendments to the Code of Nationality, the Penal
Code and the Labor Code:
- Provision that a Tunisian woman married to a non-Tunisian
may legally transmit her nationality to her child, provided the father consents.
- Strengthening of the penalties for marital violence,
and considering the bonds of matrimony as constituting an aggravating circumstance.
- Non-discrimination between men and women in all aspects
of labor.
– Measures of April 5, 1996 :
- Granting of child support automatically to divorced
women who have been granted custody of their children.
- Standardization of the criteria for the granting of
social welfare benefits in the public and private sectors, to ensure gender equality.
- Maintenance of the payment of orphans' pensions to children
pursuing higher studies, up to the age of 25.
- Allowing both spouses the possibility of contracting
a personal loan for the purchase of the family dwelling.
– Measures of August 11, 1997 :
- Intensification of social protection for women and children
of modest means, and favoring of access to the services of the Alimony and Child Support Fund. The obtention of
legal assistance will be facilitated to these ends.
- Adaptation of the rules governing the age of children
benefitting from the Fund's services to those of the Code of Personal Status concerning the same subject.
- Making of the necessary clarifications and changes in
the Code of Obligations and Contracts to bring it into step with the situation and role of women in the economic
sphere.
- Publication of constitutional law no.97-65 of October
27, 1997, amending and completing certain articles of the Constitution, and providing for the right for every Tunisian
citizen born to a Tunisian mother to present his or her candidacy for the Chamber of Deputies, thus consecrating
gender equality. Previously, only citizens born to a Tunisian father could apply to the Chamber of Deputies.
– Promulgation of decree no.671-98 of March 16, 1998, amending decree of August 9, 1993, regulating the functioning
of the child support and alimony fund.
This decree strengthens protection of divorced women and their children, enabling them to take advantage of the
services of this Fund more easily and for a longer time.
- Publication of law no.98-94 of November 9th, 1998,
relating to the system of community property, to benefit the family and its cohesiveness.
This law strengthens Tunisia’s legislation and confers a moral and material dimension aiming at protecting women’s
rights and consolidating stability of the family.
- Promulgation of the Code of private international law
by law no.98-97 of November 27, 1998, with a view to guaranteeing the rights of Tunisian women married to foreigners,
with regard to applicable law and competent juridiction. This Code provides that when one of the spouses is a native
of a country where poligamy is permitted, officers in charge of civil status and notaries will conclude marriage
only on presentation of an official document certifying that the spouse is not bound by any other marital bond
(Art. 46).
– Institutional reforms:
Four mechanisms have been set up in recent years to give
yet greater concrete expression to this policy in favor of women: The Ministry of Women and the Family; the Center
for Research, Documentation and Information on Women (CREDIF); the National Council for Women and the Family, the
structure of which has just been strengthened, by decision of the President, through the creation of three commissions
responsible for preparing an annual report on the enforcement of law and equality of opportunities and on the image
of women in the media; and the National Observatory for Women.
Adoption of a national plan of action in favor of rural women with the main objective of giving impetus to rural
women’s integration into the development process and improving their living conditions (December 7, 1998).
Consolidating women’s presence in the government and legislative and consultative bodies : two women are members
of the government (Minister of Women and Family and Minister of Environment and Land Planning); a woman chairs
the National Audit Office and another is Administrative Mediator.
Main indicators :
- 99% of Tunisian 6-year-old girls were enrolled in school
in 1998.
- The proportion of women in the secondary schools is
50.2% in 1998.
- In higher education, female enrollment is 80,196 women
in 1999, who thus make up 48.3% of the total number of students at this level.
- Life expectancy among women: 73.4 years in 1997.
- Deliveries performed with medical assistance: 81.6%
in 1997.
- The Tunisian National Women's Union (UNFT) was awarded
the UNESCO prize for 1994, during the international year to eradicate illiteracy.
– Participation in the labor force: Women make up nearly
one-quarter of Tunisia's working population. Some 2,000 women are heads of businesses.
– On the level of the legislative power and advisory bodies: The proportions of female representation here are:
11.5% in the Chamber of Deputies, 16.7% on the municipal councils, 11% on the Economic and Social Council, 13.3%
on the Higher Council of the Magistracy, and 12% among ministry departmental staff.
– Women’s participation in associations: 20 women's associations have been created since November 7, 1987, in addition
to the National Union of Tunisian Women (UNFT), created in 1956.
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