Emancipation was promoted in Tunisia as early as at the start of the 20th century — mainly by men — before it was institutionalised in by the first president of the country, Habib Bourguiba.
So what has happened? And that is the work that now we want to work on… So a lot of work needs to be done here. It is interesting to note that a number of these flawed arguments were once made in the American context prior to female ascension to the bench.
Gender complementarity The idea of complementarity of the genders is not necessarily purely religious or only Islamic ; it reflects the ideas that gender is an essential characteristic of an individual and that natural differences between the sexes makes for different abilities, desires, and societal roles.
This express declaration of the legal hierarchy is a new element of the constitution, even though Tunisian judges could look to international treaties and human rights frameworks even under the constitution Ltaief This means that married women lack protection against sexual violence in the home, despite the fact that other laws regarding duties in the marriage do not require women to be obedient to their husbands.
However, as discussed throughout this report, Islam plays a central role in Tunisia. Charradmentions that women lack legal protection in cases of domestic violence, even though amendments to the penal code under Ben Ali criminalised such acts Ben Salem ; interviews with Habiba Ben Guiza 24 and 29 Apr.
According to her, although Tunisia is considered a liberal country, where women enjoy freedoms and welfare services not provided women in other Muslim countries, the lack of state funding for services means some women miss out and become increasingly marginalised when gender intersects with poverty, geographical location, or other discriminatory dimensions.
More to the point, it speaks to the importance of female judges who may offer a perspective unique from their male counterparts. The law can be interpreted in either a more modern or a more conservative way — as the courts prefer. Abidi very clearly elucidated how ijtihad can be employed within the framework of the Tunisian constitution in order to secure full gender equality.
Then they kept her in a police cell for three days. They beat her, breaking her jaw, and took her identity papers, a watch and a bracelet. I became aggressive, and I get upset and angry easily.
Nonetheless, these open norms also permit judges to interpret the law on the basis of international treaties, guaranteeing gender equality and the basic freedom to choose. For example, a minister of human rights and transitional justice has been appointed, and the establishment of a constitutional court is underway albeit more slowly than outlined in the constitution.
In an interview, Rym Mahjoub Massmodi opined that this ambiguity was left in the constitution intentionally, so that it would pass through the largely Ennahda-dominated constituent assembly. For Chaieb, any move that strengthens the rights of women is to be welcomed. The word of a woman usually carries less weight than that of a man when accusations of sexual or domestic violence are evaluated, according to an Amnesty report.
As outlined in Tjomslandthroughout the s, party politics in Tunisia diversified as more parties became allowed.
Kalthoum Badreddine, 5 May InTunisia saw its first female judge ascend to the bench.
According to Tjomsland20—21the notion that the genders are complementary in rights, duties, and abilities is based on the legal conception of the family as the basic unit in society as opposed to the individual person. During the "Jasmine Revolution" of Decemberwhich led to the fall of the old regime, men and women went out on the streets together, demonstrating for the rights of all Tunisians, not just for those of women.
Post-revolutionary transition Since the revolution, Tunisia has embarked on a process of democratic transition.
With regard to the latter, gender rights advocates should continue to empower women and girls with the confidence and tools to succeed in a judicial career. She was omnipresent in the media, but there were hardly any concrete reforms for the benefit of women.
For example, ATFD organised and spearheaded a demonstration to protest the complementarity clause of the draft constitution Antonakis-Nashif He argues that the nature of the family means that it functions differently from social institutions.
No medical attention was offered. As Nadia Elboubkri mentions, women were sure of their status under the Ben Ali regime, and women as political actors formed part of the basis for the Ben Ali rule. As Tunisia continues its democratic transition, its leaders should remain mindful of these considerations.
The State shall take the necessary measures to eradicate violence against women. A constitutional court, which should soon be assembled, will be a central tool during this process and has the potential to ensure the constitutionality of Tunisian law.
There is little evidence that the situation has improved since the uprising that ended the dictatorship of Zine al-Abidine Ben Ali and led to a democratically elected government. Last summer the members of the commission on rights and freedoms of the constitutional assembly were debating two drafts.
As I visited some middle-aged and elderly women informally, they eagerly waited for me to finish my meal before they bluntly asked me if abortions were allowed in my country. Farida Labidi, 5 May ; Ms. It is clear from interviews with Tunisian women and men that this role is a source of pride also noted in ibid.
Later, its laws were reformed to allow citizenship and nationality to pass through a mother married to a non-Tunisian to her children. Farida Labidi said that the clause was misunderstood.
In fact, according to Ben Salem, marital rape is not a crime in Tunisian law.Tunisia is a country of contradictions when it comes to women’s rights.
Free abortion and contraception are available, and women have equal rights in marriage, divorce and property ownership. Jan 09, · The Future of Women's Rights in Tunisia.
while Article 7 expresses support for women's rights and achievements. First-person essays, features, interviews and. The report notes that women’s rights in Tunisia have been strengthened, their roles diversified and their image enhanced. It details various measures taken to advance the status of women through the country’s Personal Status Code, several international conventions on women’s rights, and internal reform.
Women's Rights in Tunisia Alternative Report Womens’ rights in the family: continued discrimination Tunisia has admittedly been a pioneer in tackling discrimination against women in the Arab world, particularly in the civil domain and more specifically within the family.
However, many forms of. The process that contributed the most to furthering women’s rights in Tunisia following the revolution was the push by women’s rights for Tunisia to. Before the revolution in Tunisia, as far as the rights of women were concerned, the lines were clearly drawn.
On the one side there was "state feminism", embodied above all in Leila Trabelsi, the wife of the country's leader, Zine El Abidine Ben Ali, who had declared that her most important concern was the rights and the achievements of her female fellow citizens.Download