Women

Women and Civil Rights:

Excerpt from "Empowering Tunisian Women: Celebrating 50 Years of Women's Emancipation"

By MARY-JANE DEEB Published: February, 2007 (The Library of Congress)

Tunisian women enjoy more rights than most Muslim women because of personal-status laws that Tunisia’s first president enacted 50 years ago, according to a symposium panelist who spoke at the Library on Nov. 30.
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The principle of equality of men and women with respect to citizenship and before the courts is expressly stipulated in Tunisian legal texts.
As early as 1956, the Code of Personal Status established a new organization of the family based on equality of rights, through a series of provisions that included:

* the abolition of polygamy;
* the establishment of judicial divorce proceedings, granting both spouses the right to request divorce;
* setting the minimum age for marriage at 17 for girls, and providing that they must consent to the marriage;
* in the case of death of the child's father, granting the mother the right of custody of their minor children.

The new amendments announced by the President of the Republic on August 13, 1992 have, meanwhile, strengthened the place of women still further, confirming the principle according to which their rights are inseparable from those of men, eliminating legal provisions that could be interpreted as discriminatory and sexist. These amendments, adopted by the Chamber of Deputies in July 1993, stipulate in particular:

* that the two spouses "must treat each other with kindness and consideration, and assist each other in the management of the household and the affairs of their children." This provision replaces the former clause providing that "the woman must obey her husband";
* that a mother's consent must be obtained for the marriage of a daughter who is a minor;
* that mothers may participate in the management of their children's affairs, particularly in the case of a divorced mother who has custody of her children;
* that married girls who are still legal minors have the right to manage their own private life and affairs;
* that a fund be created to guarantee payment of child support and alimony to divorced women and their children.

Created by virtue of law 93-65 pf 5 July 1993, the fund for alimony and divorce annuity guarantee, ensures the payment of pension and annuity decided by the court, which remain unpaid to divorced women and their children because of the obstinacy of the condemned party.
* that judges receive training in the field of women's rights, and that specialists be trained in personal status and in sociological and psychological matters;
* that the provisions referring to child support and alimony be recast in such a way as to ensure payment of child support for the couple's children until they reach their majority or finish their schooling; in the case of girls, this allowance continues to be due even after they reach the age of majority, until they marry, or if they have no income of their own.

This reform also specifies that a child's maternal grandparents are entitled to an allowance, an advantage which was formerly enjoyed only by the paternal grandparents.

Readjustments have also been made in the Code of Nationality, the Penal Code and the Labor Code. A Tunisian woman married to a non-Tunisian may now transmit her nationality to her children, provided the father consents. In the case of the Penal Code, the sanctions for marital violence have been strengthened, and the bond of marriage is now considered an aggravating circumstance in such cases. The preamble to the Labor Code now includes an article explicitly stating that there is to be no discrimination between men and women in any aspect of labor.

The Child's protection Code issued in November 1995, aims at ensuring the socialisation of children to a free and responsible life... where the values of equity, tolerance and moderation should prevail."

Furthermore, by virtue of measures adopted by President Zine El Abidine Ben Ali on April 5, 1996 in favor of the family, child support is automatically awarded to a divorced woman who has custody of her children.

The 98-97 law related to family names and issued on October 28, 1998, gives a mother the right to give her family name to her child of unknown parentage.

The 98-97 law, of 9 November, 1998, introduced the community of belonging within the marriage institution.

On August 10, 2004 a woman was appointed to the position of public prosecutor and another woman was appointed to serve as Director General f the Higher Magistracy, Institute.

On January 1, 2006 a measure initially included in President Ben Ali' 2004 electoral program granting women the possibility to work half time for two thirds of their salary went into effect.

On August 12, 2006, during an address marking the commemoration of the 50t' anniversary of Tunisia's Code of Personal Status, President Ben Ali called for -submitting to the Iegislature a bill ensuring the right to housing for mothers and the children under their custody in case of tensions in marital relations or divorce, as well as - he also called for submitting to the legislature a bill unifying the minimum marrying age in order to strengthen gender equality and adapt the legislation to Tunisia's social.

Moreover,

99% of Tunisian 6-year-old girls are enrolled ln schools.
The proportion of girls in secondary schools is 53%.
In higher education, female students make up 58.1% of the total number of students,
Life expectancy among women: 75.3 years.
Deliveries performed with medical assistance: 90%.
Seven women are members of the Government

Women make up nearly one-quarter of Tunisia s working population: More than 10,000 women are heads of businesses.

The proportions of female representation in legislative and advisory bodies are: 22.7% in the Chamber of Deputies, over 15% in the Chamber of Advisors, over 27% in municipal councils, 18% in the Economic and Social Council, 13.3% in the Higher Council of the Judiciary, 12% among ministry departmental staff, and 26.4% of the RCD Central Committee.

Women also constitute :
- 27% of judges.
- 31% of lawyers.
- 42% of the medical profession.
- 72% of pharmacists.
- 34% of journalists.

They also represent :
- 21% of the staff in the public service.
- 51% of basic education instructors.
- 48% of secondary education teachers.
- 40% of universlty professors.
- 16.7% in the sector of agriculture and fisheries.
- 26.4% in die sector of manufacturing industries.
- 46.9% in the sector of commerce and services.

Women account for one-third of associations members. 35 women are presidents of national associations, in addition to die National Union of Tunisian Women (UNFT) founded in 1956.

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