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Summary: States Parties to the African Charter on Human and People's Rights must submit reports about their progress in implementing the Charter to the African Commission on Human and Peoples' Rights every two years. The reports are considered by the Commission in public sessions, following which it issues recommendations to the reporting State which are called ‘Concluding Observations’.
These are the child rights provisions in Tunisian law, as outlined in their third periodic report to the African Commission on Human and Peoples' Rights. The consolidation of human rights is not limited to laws alone. It requires sensitization action to change the mentality and behaviour of the population in order to promote the development of human rights. This entails both human rights education and the dissemination of a culture of human rights both in primary schools and in secondary and higher education establishments. Teaching which promotes human rights has become an essential component of the educational system. The Right to Education and Professional Training Legislative Reforms ARTICLE 4 - The Right to the Inviolability of the Human Being The onus for the protection of the child lies first and foremost with the parents. In the case of the parents’ negligence or inability to provide care, the legislator has made provision for several protection mechanisms for the child, in particular a body of “Delegates for Childhood protection” responsible for working with parents or guardians to prevent any violation or abuse which may threaten the security and development of the child (Articles 28 and the following of the Child Protection Code). Article 30 of the Child Protection Code stipulates that “the delegate responsible for childhood protection is given a mission of preventive intervention in all cases where the health or physical or moral integrity of the child is threatened or exposed to a danger emanating from the milieu in which he lives, or to activities or acts which he accomplishes or due to varied ill treatment that he may have suffered…” Article 46 of the same Code stipulates that “in cases of imminent danger, the childhood protection delegate can remove the child from danger, using the public forces of law and order, and putting the child in a safe place under his own responsibility while respecting the inviolability of residential households.” The protection of the right to life is a legal obligation provided for by Article 31 of the Child Protection Code which compels all adults to alert the childhood protection delegate in a case where a child is living in a particularly difficult situation likely to be detrimental to his physical health. Likewise, Tunisia has included in its legal provisions the two optional protocols to the Convention on the Rights of the Child, the first of which relates to the involvement of children in armed conflicts and the second pertains to child trafficking, child prostitution and pornography using children. Abandonment of children Article 83 of the Child Protection Code has been amended and Article 103 of the same Code had been completed. This amendment rests on the following principles: Among the measures introduced by the Child Protection Code are: The protection of Minors during criminal proceedings In this context, specialised social workers are posted alongside children’s judges. They are responsible for helping towards the reintegration of young offenders. A pilot Minors’ Observation Centre, responsible for observing the behaviour of young offenders before bringing them before competent courts, was created in 1993. Children are no longer brought before criminal courts but before special children’s courts. The children’s judge has to consult two specialists before making a ruling by choosing between the measures of protection, assistance, monitoring, education or placement in a public or private professional institution. In order to better protect the Child, the law n° 93-73 of 12th July 1993, amending certain articles of the Criminal Procedure Code established: ARTICLE 8 - The Freedom of Conscience and of Religion The Ministry of Education and Training is vigilant to all manifestations of discrimination and intolerance. With the rise in fundamentalism, the wearing of the Hijab has become the symbol and rallying expression of this movement. Its presence in the schools is contradictory to the principles of the educational system and the values it defends: openness, tolerance, rejection of all forms of discrimination, and the neutrality of the school. Circular 108 of the Ministry of Education and Sciences requires the pupils, out of respect for school rules, to dress decently. The wearing of the Hijab, which remains a minority practice in Tunisia, is totally foreign to the dress traditions of Tunisia. The Infant Mortality Rate Within the framework of the national action programme drawn up in 1992, The National Vaccination Programme Health Education ARTICLE 17 - The Right to Education and participation in cultural life Education is compulsory To guarantee pre-school education for all children, the law institutes a “preparatory year for children aged from 5 to 6 years” (Article 17) and gives the State the responsibility for pre-school education. The objective of pre-school education is “the development of the oral communication capacities, the senses, the psychomotor capacities and the healthy perception of the body. Furthermore, it facilitates the initiation of the children to community living” (Article 16). A national plan to implement this preparatory year before 2009 has been adopted. Article 21 of this law stipulates that “the guardian who fails to register his child at one of the institutions for basic education or withdraws the child before the age of 16 is liable to a fine of up to 400 Dinars.” Education is free Article 2 of the Child Protection Code (CPE) stipulates that “this Code guarantees the child the right to benefit from the various preventive measures be they social, educational, health-related…” According to Article 7 of this same Code, the objective of these measures is “to consolidate the responsibility of the parents or of those who are in charge of the child, in the education of the child, his schooling and upbringing through the provision of protection necessary for his natural development.” These measures include the granting of scholarships to pupils from poor families, the provision of boarding facilities and school canteens for pupils, the free distribution of textbooks and school materials as well as the setting up of social action units. The marked improvement of school results is seen in the increase in the rates of enrolment of children aged between 6 – 12 years. The drop-out rate at the primary level has declined. It was brought down from 7% in 1990 to 1.8% in 2005. Equal Opportunities A national programme of assistance to educational institutions has been set up which registers results below the national average. Thus, 696 primary schools and 104 colleges are “Educational Priority Schools” (EPE) and will be treated in accordance with the principle of positive discrimination. Extra resources are granted to these EPEs to enable them to improve their educational output and their working conditions. The educational integration of children with special needs, whose right to education is guaranteed by law (Article 4), is done in two ways: Law n° 2005-83 of 15th August 2005 guarantees equal opportunities for disabled persons and their protection from all forms of discrimination. Article 24 of this law stipulates that “the State endeavours to guarantee proper conditions allowing disabled children who are incapable of following an education and training within the ordinary system, to pursue appropriate education, specialized education and professional rehabilitation appropriate for their specific needs.” A programme for the integration of disabled children into the standard schools, known as the National Strategy for the Educational ARTICLE 18 - Protection of the Family, Women, Children, the Elderly and Physically Disabled Persons Protection of the Child Tunisia has signed the additional Protocol to the Convention on the rights of the child which relates to the involvement of children in armed conflicts. It also approved, through the law n° 2003-5 of 21st January 2003, the additional Protocol to the United Nations Convention against organized transnational crime, aimed at preventing, repressing and punishing slavery, in particular that of women and children. Tunisia also participated in the World Summit on Children, held in September 1990, which adopted a universal Declaration on “the survival of the child, its protection and its development” as well as a strategy for the application of this Declaration. Tunisia also participated in the 27th Special Session of the General Assembly on Children which held its meeting in New York from 8th to 10th May 2002. Tunisian legislation has regulated child labour to protect them from exploitation. As well as the provisions contained in the Labour Code governing child labour, law n° 2005-32 of 4th April 2005, an amendment to law n° 65-25 of 1st July 1965 was introduced to strengthen the rights of the child by proclaiming that “the employment of children under 16 as domestic servants is prohibited.” The access to free education is re-affirmed by Article 4 of the orientation law n° 2002-80 of 23rd July 2002 which stipulates that “the State guarantees the right to free education in public schools” at all levels of the school cycle. The compulsory nature of education is guaranteed by Article 20 of this law which proclaims that “no pupil under 16 can be definitively barred from all public schools except on the decision of the Education Minister after an appearance before the Educational Council for serious misdemeanour.” Concrete measures have been taken to guarantee the effective enjoyment of this right for all children, with respect for equity and equal opportunities. The State gives assistance to pupils from low income families. This assistance covers several aspects such as the provision of boarding schools and school canteens for the pupils, the distribution of text books and school material on a free basis as well as the granting of study scholarships. Article 46 (new) of the Personal Status Code, as amended by the law n° 93-74 of 12th July 1993, amending certain Articles of the Personal Status Code, extended the right of the child to be fed up to the end of his studies. Girls would continue to be taken care of so long as they do not have their own resources or a husband to take care of their needs. Article 32 (new) of the CSP requires the holding of three reconciliation sessions if a couple have small children. In the case of separation, it gives the mother, if she has custody of the children, the responsibility for the child’s travel, studies and finances. Law n° 93-65 of 5th July 1993 created a Guarantee Fund for alimony. This measure aims to strengthen the rights of women and to protect the interest of the children. Law n° 93-73 of 12th July 1993 stipulates that children aged between 13 and 18 cannot be charged with criminal offences and should be tried by the children’s judge or the children’s tribunal. A technical Committee has been created for the purpose of monitoring children after their release, to guarantee their re-education and reintegration. This Committee meets periodically every quarter to review the educational programmes, to contribute to the preparation of training programmes for the children, to evaluate the efforts to facilitate the reintegration of children who have been released and to guarantee the future protection of minors leaving the re-education centres. Law n° 95-93 of 9th November 1995 contributed to the strengthening of the Penal Code in terms of protecting the child against any form of sexual or economic exploitation by an individual or criminal organization. In order to protect abandoned children, Tunisia commenced actions which consist of: Article 25 - Human Rights Promotion through Educational programmes Further infomation
The right to education and professional training is guaranteed by Law n° 91-65 of 29th July 1991 which stipulates that “the State guarantees the right to free education to all those of school age.”
- Law n° 95-92 of the 9th November 1995 guarantees the child’s right to development by instilling the values of liberty, justice, tolerance, solidarity, openness and participation in public affairs from a very early age;
- Law n° 2000-53 of 22nd May 2000 strengthens child protection and guarantees the child’s right to survival, protection and development;
The Tunisian State has continuously extended the application of Article 4 of the Charter on the right to life, with the objective of protecting human life in all situations where there is a threat to physical integrity. This protection is a priority when the age or the physical condition of a person means they cannot look after themselves. To this end, the legislator has reserved a special Code for the Child.
The protection of the life of the Child
The Child Protection Code in law n° 95-92 of 9th November 1995 guarantees the conditions for the development of the potential and protection of the child.
Article 212 of the Penal Code penalizes “anyone who exposes or allows the exposure of, neglects or allows the neglect with the intention of abandoning, a child … in a place full of people,” by inflicting a sentence of three years of imprisonment and a fine of 200 Dinars. The sentence will be doubled if the child is exposed or neglected in an isolated place.
Article 213 (new) of the same Code adds that “the perpetrator of the abandonment will be punished with life imprisonment should the child … die following this abandonment.”
- Upholding of the institution of Children’s Judge, in conformity with the provisions of the Child Protection Code;
- Upholding of the leading role entrusted by the same Code to the Children’s
Judge;
- Harmonization of this law with the spirit and the letter of the United Nations Convention on the Rights of the Child which recommends the relaxing of criminal justice for delinquents.
- The presumption of innocence on the basis that a child under 13 could not have broken the penal law (Article 68);
- The prohibition of placing on remand a child under 15 accused of an infringement or an offence. Remand is only permissible if it is impossible to take other measures (Article 94 of the C.P.C.).
Law n° 93-73 of 12th July 1993 adopted different alternative measures which were reviewed in 1995 by the Child Protection Code relating to the proceedings instituted against a child aged 13 to 18 years who is subjected to mitigating criminal responsibility.
The arrest of a child delinquent is exceptional. It should be proportional to the gravity and circumstances of the act committed.
- A single judge for minors who can only impose preventive measures which do not constitute imprisonment;
- The release on parole for minors instead of imprisonment in order to ensure the re-adaptation and the rehabilitation of the minor to social life.
The culture of difference is one of the principal objectives of the Tunisian educational system. It consists of “preparing young people for a life which has no place for any form of discrimination or segregation based on gender, social origin, race or religion…so that they are brought up in the values of tolerance and of moderation.”
The mortality rate which was at 30 per 1,000 in 1995 fell to 22.8 per 1,000 in 2001, and in 2004 was at 20.6 per 1,000. This met the objectives of the national action programme for the survival, development and protection of the child during the last decade. This development is the outcome of several factors, notably the improvement of the vaccination cover, socio-economic development and the improvement of hygiene and nutrition.
Tunisia has attained most of the objectives (from the World Summit for the year 2000) of « Health for All »:
• Infant mortality and that of children aged less than five years had been reduced by 40% and 33% respectively during the last decade;
• The total vaccination cover to children under the age of one exceeded 90%;
• Poliomyelitis, neo-natal tetanus and measles are virtually eradicated;
• The prevalence of malnutrition had been reduced by more than half;
• Mortality due to diarrhoeal diseases no longer constitutes a public health problem;
• The incidence of low weight at birth is 9%;
Since the early 1990s, the rates of vaccination have covered over 90% of the population with a vaccination calendar targeting the six most deadly illnesses for children (Tuberculosis, Poliomyelitis, Diphtheria, Tetanus, Whooping Cough and Measles). The vaccination programme in schools is free of charge in all public and private educational institutions. The introduction of at least one centre for maternal and infant protection per district and the integration of the activities of maternal and child health has meant almost all infants receive care from qualified staff.
Health education is one of the main factors contributing to the firm establishment of the right to good health. It is based on the following essential points:
• Integration of health education as a subject in educational programmes.
The right to education and professional training is governed by the law n° 91-65 of 29th July 1991 which stipulates that “the State guarantees to all those of school age the right to free education.”
Article 1 of the orientation law n° 2002-80 of 23rd July 2002, proclaims that “education is compulsory from age 6 to 16.” According to Article 20, basic education lasting 9 years is also compulsory as long as the pupil is capable of pursuing his studies.
Free education is considered one of the fundamental principles of the Tunisian Educational System. Article 4 of the orientation law n° 2002-80 of 23rd July 2002 stipulates that “the State guarantees the right to free education in public education institutions for all those of school age and equal opportunities in the enjoyment of this right for all pupils, provided they are capable of legally pursuing their studies…”
To guarantee universal access to school and to offer equal opportunities to all the children, several support and assistance mechanisms have been put in place, including notably:
- Compensation for the paper used in the manufacture of school textbooks and exercise books so as to maintain them at an affordable price and accessible to all families. Poorer pupils receive free school materials and study scholarships as well as other forms of assistance. Every year, more than 400,000 pupils benefit from this assistance.
- Bringing the school closer to the citizens through the continuous extension of the network of educational institutions in all the regions of the country, especially in the rural areas.
- Children with minor disabilities pursue their studies in ordinary classes throughout their schooling;
- Certain mentally disabled or deaf children have specific classes within ordinary institutions.
The majority of children with special needs have specialised schooling in centres directly under State control.
Integration of Disabled Children has been drawn up. The school year 2003-
2004 saw the launch of this national programme. Initially in 126 schools, this programme has been extended today to more than double that number.
- Law n° 95-95 of 9th November 1995 amended Article 93 bis on the responsibility of the father and the mother for acts committed by their children who are minors. Under the terms of this law, the parents are collectively responsible for the payment of compensation to third party victims of her child’s actions;
- Law n° 2003-51 of 7th July 2003, amending and completing law n° 98-75 of 28th October 1998 permitted the child born out of wedlock to have the name of his mother or his father should evidence of paternity be established through confession, testimony or genetic analysis.
In Tunisia, children have a right to protection and to the care necessary for their well-being. In all activities relating to children, the child’s interest should be a priority consideration. The protection of the child is guaranteed by the family, the society and the State without any discrimination based on race, sex, religion, or social environment.
• The creation of eight regional units responsible for the care of children born out of wedlock and the construction of two other units within the National Institute of Childhood Protection;
• The improvement of living conditions within the National Institute for Childhood Protection for children deprived of a family environment;
• The increase in monthly allowances paid to families who have received children through a family placement to 100 Dinars per child, which will be raised to 120 Dinars in the case of the placement of a disabled child.
• The reinforcement of the supervision of the National Institute for Childhood Protection by psychologists.
Primary Education and Secondary Education - Article 8 of the orientation law n° 2002-80 of 23rd July 2002 stipulates that “the school ensures… the education of young people in the respect for accepted standards of behaviour and the rules of good behaviour, and in the sense of responsibility and of initiative. On this basis it is called upon to:
- Develop the civic sense of young people, educate them in the values of citizenship; consolidate in them the awareness of the indivisibility of freedom and responsibility, prepare them to participate in the consolidation of an interdependent society founded on justice, equity, the equality of citizens in rights and responsibilities;
-Educate the pupil in the respect for common values and on the rules of communal living.”
To better supervise human rights education and to guarantee the dissemination of this culture, Tunisia decided, on the 4th April 1996, within the framework of the Human Rights Decade (1995-2004) to create a National Commission for Education in Human Rights Issues. Chaired by the Minister of Education and Training, it brings together the representatives of the Ministries and Organizations working in the domain of human rights as well as the Associations which are active in the promotion of its ideals.
pdf: http://www.achpr.org/english/state_reports/Periodic%20Report_Tunisia.pdf