Human Rights in Tunisia: Options and Accomplishments

Chapter 4
Human Rights in Tunisia: Options and Accomplishments

Table of Contents

Declaration of November 7th,1987

Chapter I

Chapter II

Chapter III

Chapter IV

Chapter V

Chapter VI

Chapter VII

Chapter VIII

Chapter IX

Chapter X

The Rights of the Child

Tunisia accords children a favored place in its strategy of human resource development, anxious to prepare them for a free, responsible life in a civil society in which awareness of one's rights goes hand in hand with commitment to one's duties.

The amendment of the Code of Personal Status (1993) has improved the legislation pertaining to children’s protection through the introduction of a mechanism promoting joint parental authority (Art. 6, 23 and 67), benefit of child support and alimony throughout school age (Art. 46), adaptation of parents’ divorce to the higher interest of the child (Art. 32).

This amendment has also introduced the mechanism of the child support and alimony fund for divorced women and their children in Case of penal charges against recalcitrating fathers (Art. 53 bis).

Among the measures taken to preserve the rights of the child, mention should be made of the creation, in 1995, of the Presidential Prize for the Rights of the Child, and of the adoption –also in 1995– of the Code for the Protection of the Child.

The purpose of this code is to confirm the supremacy of the concern for children by guaranteeing their rights:

To an identity at birth and to the respect of their privacy.
To health, before and after birth, and to a healthly environment and favorable living conditions.
To education and educational, social and cultural activities that favor the development of their mental, physical and emotional faculties.
To free expression of their opinions, which should be taken into consideration in all measures that concern their situation.
To protection from all forms of exploitation, violence, harm and physical and sexual attack, and from abandonment and negligence. The creation of a body responsible for the protection of the child (in June 1996) is one specific mechanism that has been instituted to monitor and address the difficulties that children may face.
To preventive action within the family to safeguard the family’s role and strengthen the responsibility of parents or others responsible for children.

The Code for the Protection of the Child also confirms:

The right of children who are separated from their parents to remain in regular contact with both.
The right of children who have been accused of legal offences to be treated in a way that protects their honor and their person (reorganization of specialized childrens’ jurisdictions and creation of a childrens’ court). The right of children placed in protective or rehabilitative educational institutions to physical and moral protection and to social and educational assistance.
The right of mentally or physically handicapped children to protection and medical care, and to a degree of education and training that will strengthen their self-sufficiency and facilitate their active participation in social life.

Tunisia ratified, in 1995, Convention no. 138 on the minimum working age, prohibiting the economic exploitation of children.

Presentation to the Cabinet, on January 11 of every year since 1995, of an annual report on the condition of children in Tunisia. This provides an instrument for the diagnosis, analysis, evaluation and monitoring of the situation of the child, so as to promote and reinforce their condition.

The Presidential award for children's rights for 1998 was awarded to the SOS children's villages association, in consideration of its efforts to protect disadvantaged children with no family support, and of its determination to develop its network in Tunisia.

Promulgation of law no. 98-75 of October 28, 1998, pertaining to the attribution of a family name to children, to bring the legislation into harmony with the Code for the Protection of the Child, article 5 of which stipulates that "every child has the right to an identity from the time of its birth. The identity is composed of a first name, a family name, a birth date and a nationality."

For the first time in Tunisia, this law provides for the natural or abandoned child to bring an action for paternity suit.

Once paternity is established, among other things through genetic analysis, the child will be granted the right for a family name and for support from his father.

Chapter 4		Human Rights in Tunisia: Options and Accomplishments



	Table of Contents Declaration of November 7th,1987 Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Chapter VII Chapter VIII Chapter IX Chapter X		The Rights of the Child Tunisia accords children a favored place in its strategy of human resource development, anxious to prepare them for a free, responsible life in a civil society in which awareness of one's rights goes hand in hand with commitment to one's duties. The amendment of the Code of Personal Status (1993) has improved the legislation pertaining to children’s protection through the introduction of a mechanism promoting joint parental authority (Art. 6, 23 and 67), benefit of child support and alimony throughout school age (Art. 46), adaptation of parents’ divorce to the higher interest of the child (Art. 32). This amendment has also introduced the mechanism of the child support and alimony fund for divorced women and their children in Case of penal charges against recalcitrating fathers (Art. 53 bis). Among the measures taken to preserve the rights of the child, mention should be made of the creation, in 1995, of the Presidential Prize for the Rights of the Child, and of the adoption –also in 1995– of the Code for the Protection of the Child. The purpose of this code is to confirm the supremacy of the concern for children by guaranteeing their rights: To an identity at birth and to the respect of their privacy. To health, before and after birth, and to a healthly environment and favorable living conditions. To education and educational, social and cultural activities that favor the development of their mental, physical and emotional faculties. To free expression of their opinions, which should be taken into consideration in all measures that concern their situation. To protection from all forms of exploitation, violence, harm and physical and sexual attack, and from abandonment and negligence. The creation of a body responsible for the protection of the child (in June 1996) is one specific mechanism that has been instituted to monitor and address the difficulties that children may face. To preventive action within the family to safeguard the family’s role and strengthen the responsibility of parents or others responsible for children. The Code for the Protection of the Child also confirms: The right of children who are separated from their parents to remain in regular contact with both. The right of children who have been accused of legal offences to be treated in a way that protects their honor and their person (reorganization of specialized childrens’ jurisdictions and creation of a childrens’ court). The right of children placed in protective or rehabilitative educational institutions to physical and moral protection and to social and educational assistance. The right of mentally or physically handicapped children to protection and medical care, and to a degree of education and training that will strengthen their self-sufficiency and facilitate their active participation in social life. Tunisia ratified, in 1995, Convention no. 138 on the minimum working age, prohibiting the economic exploitation of children. Presentation to the Cabinet, on January 11 of every year since 1995, of an annual report on the condition of children in Tunisia. This provides an instrument for the diagnosis, analysis, evaluation and monitoring of the situation of the child, so as to promote and reinforce their condition. The Presidential award for children's rights for 1998 was awarded to the SOS children's villages association, in consideration of its efforts to protect disadvantaged children with no family support, and of its determination to develop its network in Tunisia. Promulgation of law no. 98-75 of October 28, 1998, pertaining to the attribution of a family name to children, to bring the legislation into harmony with the Code for the Protection of the Child, article 5 of which stipulates that "every child has the right to an identity from the time of its birth. The identity is composed of a first name, a family name, a birth date and a nationality." For the first time in Tunisia, this law provides for the natural or abandoned child to bring an action for paternity suit. Once paternity is established, among other things through genetic analysis, the child will be granted the right for a family name and for support from his father.