UPR Sexual Rights Database

National Report:
Para 110) Pursuant to law no. 55/2010 (1 December 2010), amending certain provisions of the Tunisian Nationality Act, Tunisia lifted all forms of discrimination between mother and father in respect of granting Tunisian nationality to children, thus enabling a Tunisian mother to pass on her nationality to her children, the same as a father.

Para 112) As regards this issue, the report affirms adoption of the principle of equal participation of both sexes in the electoral law during the recent elections for the NCA. Candidates were required to submit lists based on the principle of gender equality in each electoral list, with candidates arranged on the list on the basis of alternating female and male (statute no. 35/2011 (10 May 2011), relating to the election of the NCA). Out of 219 members, 49 women (6.22%) were elected to membership of the NCA.

Para 113) The Tunisian State is working in collaboration with elements of civil society to eradicate the phenomenon of violence against women. In this context, listening units have been established, charged with listening to battered women and offering guidance. Work remains to be done on developing provisions and mechanisms to ensure further protection for women from violence.

UN Compilation:
Para 21) CEDAW remained concerned about the persistence of discrimination against women with regard to personal status, in particular concerning marriage, child custody and guardianship, as well as inheritance. UNHCR reported that the 2010 reform of the Nationality Code allowed Tunisian women to transfer nationality to their children, even if the father was not Tunisian and regardless of their location inside or outside the country, thus eliminating discrimination against women as regards conferral of nationality to their children. UNHCR recommended that Tunisia consider amending article 16 of the Nationality Code in order to introduce a safeguard against statelessness in case of annulment of marriage.

Para 35) CEDAW remained concerned at the high prevalence of violence against women and girls and regretted the absence of a law on violence against women, including domestic violence and marital rape. CEDAW remained concerned at allegations of harassment against women wearing the hijab (veil) in public.

Para 63) CRPD recommended that Tunisia ensure the implementation of measures of affirmative action provided for in the law for the employment of women and men with disabilities.

Stakeholder Summary:
Para 44) HRW reported that Tunisia had applied laws in a way that deprived Muslim women the same right to marry non-Muslim men as Muslim men have to marry non-Muslim women. ECLJ added that, although civil law, including family and inheritance law, was codified, judges had been known to override the codified law when it contradicted their interpretation of Islamic law.

National Report:
Para 15) In keeping with this recommendation and consistent with the goals and demands of the Tunisian revolution, the State has ratified several international treaties, including:...The Optional Protocol to the International Covenant on Civil and Political Rights (statute no. 3/2011 (19 February 2011) and ordinance no. 551/2011 (14 May 2011))

Para 17) Following the recommendations issued on 22 October 2010 by the CEDAW Committee, Tunisia entered a new phase, taking the decision to withdraw the reservations to CEDAW pursuant to statute 103/2011 (24 October 2011) and ordinance no. 4260/2011 (28 November 2011).

Para 109) Pursuant to statute no. 103/2011 (24 October 2011), Tunisia resolved to agree to withdraw the reservations to CEDAW, in order to strengthen gender equality further.

Stakeholder Summary:
Para 3) The Higher Committee on Human Rights and Fundamental Freedoms (CSDHLF) and a number of stakeholders welcomed the adoption of the legislative decree withdrawing the reservations made when the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was ratified on 16 August 2011. HRW indicated that Tunisia maintained a general declaration suggesting that it might not implement reforms that conflict with Islam. HRW; Joint Submission 2 (JS2) and the Tunisian Human Rights League (LTDH) recommended that recommended that Tunisia lift the remaining general reservation to CEDAW.