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Women's Institutions
Women,
the family, children, and the elderly
The promulgation of the Code of Personal Status in 1956 was considered as the first foundation act of Tunisia's
reformist vision for promoting women. The initiative was in itself one of the first reformist initiatives and intellectual
and militant contributions, as well as the crowning of the aspirations of the elite for the introduction of social,
political and religious reforms. Leader Habib Bourguiba's determination was decisive in helping the Code of Personal
Status come into existence on August 13, 1956, reflecting an enlightened reading of religious texts based on "Ijtihad"
or interpretation and the adaptation of religious teachings, in light of the imperatives of modernity.
The desire to promote women's conditions had clearly manifested itself before the Change. What can be said is that
this orientation did not become a strategic vision, a true project transforming women's rights into one of the
pillars of human rights until the Change which sealed the new era and pledged to erect the values of the Republic
and the rule of law and institutions, open up to modernity and anchor reformist principles.
President Ben Ali has reaffirmed his unequivocal position and his resolve to preserve these rights. On 19 March
1988, in the wake of Independence Day celebrations, he asserted that " the Personal Status Code is a vested
right to which we are all bound and to which we remain committed- It is a source of our pride- there shall be no
questioning nor abandoning what Tunisia has achieved for the benefit of women and the family."
The state oriented its actions in three major
directions :
- At the level of legislation, the state promulgated and issued new laws and decrees that completed current regulations
and corrected the possible problems related to their implementation. This unceasing effort helped highlight what
might have contradicted the principles of equality and justice, and the discriminatory practices which deny human
rights. As a result, a solid legal framework was set up. It has been considered as unique in the Arab world and
Africa, and has gained Tunisia international recognition.
- Regarding awareness-raising and education, the issues have to do with bridging the gap between the legislative
measures and the rapid evolution of ideas and mentalities. The measures stemmed from the need to introduce grassroots
reforms in educational programs to match the human rights culture and the principles governing it.
- At the level of associations and institutions, one can cite the creation and setting up of female specialized
structures and the opening up of the civil society institutions and non governmental organizations to help them
implement the basic objectives of Tunisia's project and preserve and consolidate the rights achieved.
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From equality to an active partnership
The amendments regarding the status of women are part of
a vision hinging around the following principles :
- The pursuit of the consolidation of women's rights as a strategic project based on an approach which conciliates
the fundamentals of the Shari'a and the imperatives of modernity. This principle is enunciated in the National
Pact of November 7, 1988.
- The adoption of the principle that integrates women's rights into human rights
- The broadening of the prospects for promoting women by anchoring the principle of partnership between the sexes
and the reinforcement of an effective participation of woman in public life and in matters of development, all
in keeping with the concepts of democracy, civil society and the rule of law.
August 13, 1992 measures intended to remedy the Code's shortcomings and adapt the legislation to the evolution
of society. The measures abolished the 'obedience obligation' ( article 23 of the Code), considered as a humiliating
constraint for women, one that may cause the family balance to break down . That obedience obligation was replaced
by the principle of mutual respect and reciprocal good treatment between the spouses.
- The elevation of the Code of Personal Status to a status of a constitutional law by the promulgation of the law
of October 1997 which amended article 8 of the constitution whereby linking the principles of the Code to Human
Rights, the values of the Republic and the total rejection of any gender discrimination. Such principles, henceforth
constitutional, are the best guarantee of women's rights.
Several other measures have been taken with a view to ensuring the dignity of the members constituting the family.
By considering them as ordinary citizens and creating specialized legislation in family matters and clearing a
space for them in tribunals.
The effective implementation, starting 1st January 2007 of the presidential decision (Law 2006-58) enables women
to work part-time for two thirds of her salary, while retaining all the rights to promotion, to retirement and
to social security benefits. It is, therefore, meant to reinforce the capacity of women to conciliate between the
responsibilities of family life and professional duties.
The legislative gains have been consolidated by the promulgation of Law 1998-94 and the community of property between
spouses, a voluntary regime that could be adhered to on concluding the marriage contract or subsequent to the conclusion
of the contract. Such a measure is meant to bring the spouses closer and to consolidate family cohesiveness.
The same can be said about Law 1993-65 which ordained the creation of the pension and the divorce fund. The fund
covers the payment of the pension whenever sentences cannot be implemented.
In his address of 7 November 2007 and on the occasion of the 20th anniversary of the Change, President Ben Ali
announced another pioneering measure which consisted in enabling pregnant women prisoners and those with young
children to nurse them in specially adapted places in custody.
Measures adopted to promote the legislative gains of Tunisian women also involved the incorporation of special
provisions in a number of codes:
- Nationality Code : Establishing the right of the woman to pass on her nationality to her children. A Tunisian
woman married to a foreigner has the right to pass on her nationality to her children born outside Tunisia, on
the basis of a joint declaration by the father and the mother.
- Labor Code : Offering Tunisian women equal access to work, equal pay and equal rights, particularly in terms
of social security protection. Article 5a bans all forms of gender-based discrimination in the enforcement of the
provisions of the Code.
- Code of Obligations and Contracts : Abolishing all provisions that involved a form of discrimination against
women in terms of labor rights.
- Penal Code : enacting laws banning sexual harassment, in order to protect women in the workplace and in public
places (July 28, 2004); and introducing a new article (218) considering the conjugal relation as an aggravating
factor in case of violence against the spouse.
Various programs have been established to promote women's conditions, such as the national program for the promotion
of rural women and the program for the support of women's micro-projects.
Institutions concerned with women include the Center for Research, Studies, Documentation and Information on Women
(CREDIF) and the National Commission "Women and Development.
- Tunisian women and public life: From equality to partnership:
The New Era did not only ensure the participation of women
by promoting women in public and political life but also to elevate the participation of women in public life
to a higher level, one that matches their degree of awareness and competence, and by so doing, enabling the qualified
women to hold decision-making and executive positions.
On the basis of these choices, statistics indicate a rise in the number of women elected to the House o f Representatives
or to the House of Advisors, from 7,4% in 1994 to 11,75% in 1999 to reach 22,7% in 2004. In the House of Advisors
the rate is 15,2% . In diplomacy, the rate is 24%.
Regarding cabinet positions, there are one Minister and five Secretaries of State. Furthermore, the rate of women
in ministerial cabinet positions has reached 12% and a woman has been appointed as Governor for the first in the
history of the country in 2004.
The presence of women in some constitutional and consultation spheres has been reinforced in conformity with the
Presidential decision to integrate women to better enable them to take an active part in the management of the
country.
To this effect, women represent 25% in the Constitutional council,
20% in the Economic and Social Council,
13.3% in the Higher Council of the Judiciary, and
6.6% in the Higher Communication Council.
To consolidate the presence of women at regional and local levels, their role in the development of democracy
and in public life, the rate of women in regional councils rose to 32% while that in municipal councils rose from
16% in 1995 to 27,4% (857 councillors, 5 of whom were appointed as town mayors in 2005 following the elections).
Since the holding of the party's latest congress, 37, 9% of the members of the Democratic Constitutional Rally's
(RCD) central committee, are women.
Today, women are present in all aspects of public life; they represent 26% of the active population in Tunisia.
In 2006-07, females outnumbered males in higher education (59.1%). Women in the medical profession represent 42%,
while 72% are pharmacists, 40% university teachers, 29% judges, 31% lawyers, and 34% journalists.
Enterprise culture has encouraged women to enter the business sector where more than 18,000 are entrepreneurs.
In the public service, the number of women has reached 169,000, some 39% of public servants.
Family
The New Era has granted a particular interest to the family as the basic social unit. In comparison with the period
from 1956 to 1987, the period 1987-2006 has consolidated human resources through education and health and furthered
the cause of women by reinforcing the human rights dimension of the question.
In this respect, one may cite
- The abolition of exclusion in all its forms
- The rejection of marginalization of any component of the family
- The promotion of civil rights which enhanced the family as a fundamental active social unit .
Children
Since the Change of November 7, 1987, the rights of children have been reinforced in all the domains. A special
interest was given them by the successive governments since the Change under the President of the Republic. Major
efforts were made in the field of education by optimizing the period a child is required to attend school and the
overall number of school goers, and by limiting the number of early school leavers. Healthcare for children intensified,
too.
The New Era has managed to create favorable conditions for the promotion of the child. New values, especially in
connection with human rights, have been introduced.
The evolution of the indicators of mother and child health care testify to the efforts undertaken in search for
the best results. Infant mortality decreased from 58% in 1986 to 18% in 2007. The vaccination rate is more than
95% for the first vaccination. Discrepancies in healthcare between regions have decreased significantly as the
total healthcare covers more than 90% in all the country's Governorates. The rate of medically-assisted birth rose
from 49,5% in 1986 to 94,5% in 2006.
The Child Protection Code was adopted in Law 95-92 of 9/11/1995. It is a pioneering law which attests to the evolution
of legislation in Tunisia and the ambition of the fundamental choices made during the Change.
The elderly
The main objectives of the policies related to the elderly since the advent of the Change may be summarized
as follows:
- Social integration of the elderly to spare them isolation and marginalisation
- Social, economic, leisure and health programs for the elderly.
- Helping the elderly retain their natural social milieu
Based on these basic objectives, research is being conducted and solutions are being devised to better cater for
future generations of the elderly whose numbers are constantly increasing.
Aside from the updating provisions laid down in the Code of Personal Status, Law 94-114, promulgated on 31 October
1994, came to regulate the protection of the elderly. It defines the age category of the elderly, and specifies
the general principles governing their fundamental rights within the family and in society. It also affirms
the role of the family in protecting and safeguarding the rights of the elderly, the duty to protect
their rights, to care for their health, and to safeguard their dignity.
In August 1993, the State Secretariat for Women and Family, which
had been created in 1992, was made a full-fledged ministry, its mission being to develop government policy in the
field of women and the family, and to coordinate the action of the different parties concerned by women's and family
affairs.
In September 2002, it became Ministry of Women, Family and Children's
Affairs.
The Center for Studies, Research, Documentation and
Information on Women (CREDIF)
Under the authority of the Ministry of Women's and Family and Children's Affairs, the CREDIF is responsible for:
- Promoting studies and carrying out research and surveys on women and
their status in Tunisian society.
- Gathering documentation pertaining to the dissemination of information
that highlights women's rights.
- Preparing reports on the condition of women.
The activities of the CREDIF were recently reinforced and expanded by
the creation of an observatory to monitor developments in the condition of women and by the launching of a training
program on gender and development for Tunisian and African women, as an element in South/South cooperation.
The National Commission on "Women and Development"
A national commission on women and development was created in June 1991 as an element in the preparation of the
Eighth National Plan for Economic and Social Development (1992-96). Its mission was to devise both an overall strategy
and multi-sectoral programs and practical measures to benefit women, assisted in this by representatives of all
governmental structures and institutions concerned by women's affairs, by representatives of all the parties and
national organizations and associations working in this sector, in addition to a variety of female resources. This
commission also prepared the "Women" strategy for the Ninth Plan (1997-2001) and the Tenth Plan (2002-2006)
and the Plan of Action regarding Women as an element in follow-up to the Beijing Conference.
The National Council for Women and the Family
The National Council for Women and the Family is an advisory body that includes representatives of the governmental
structures and institutions concerned by women's and family affairs, and representatives of non-governmental organizations
and national associations working in the same sector. It is chaired by the Minister of Women's and Family Affairs.
It was reinforced in 1997 by the creation of three commissions responsible in particular for monitoring the image
of women in the media and for promoting equality of opportunity between the genders and enforcement of the law.
Women and International Conventions
Tunisia has ratified a large number of international conventions, including:
- international convention no. 4 on night labor for women;
- international labor convention no. 118 on equality of treatment (social
welfare benefits);
- international labor convention no. 112 on recruitment policy;
- the international convention on the political rights of women;
- the international convention on eradicating all forms of racial discrimination;
- the ILO convention on equality of remuneration for identical labor performed
by male and female workers;
- the Copenhagen convention on the eradication of all forms of discrimination
against women.
Tunisian Women in International Organizations
Reflecting Tunisia's influence in promoting a policy for the advancement of women, many Tunisian women have been
elected or appointed to regional or international United Nations bodies during the 90s.
Tunisian women occupy the positions of chairwoman of the coordinating
committee of the Interparliamentary Union, expert on the UN Commission to Eradicate Discrimination Against Women
(CEDAW),
vice president of the Women's International Socialist (ISF), vice president of the African Women's Network for
Development (FEMNET) and member of the executive bureau of the International Federation of Women Judges. In 1997,
two Tunisian women were appointed to positions on the Economic Commission for Africa, as director in charge of
the development of information and as regional advisor for the legal and human rights of women. In 1997, three
women also entered the International Women's Council.
In 1997 a Tunisian woman was elected representative of the World Commission of Women Heads of Businesses before
the CEA and in 1998 a Tunisian woman was appointed a member of the board of directors of the INSTRAW (International
Institute for Research and Training for the Advancement of Women). A Tunisian woman was also appointed regional
commissioner of the International Council on the Environment, and in 1997 two others were elected secretary general
of the Arab Family Orgnization and of the steering ommittee of the International Union of Family Organizations.
Source:
Ministry of Women, Family, the Elderly and Children's Affairs.
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