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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
- Geographical disparities in indicators on education, child mortality, access to piped water and healthcare
- High rate of school dropout
- Discrimination against women and girls, particularly in accessing inheritance rights
- Discrimination against single mothers and children born out of wedlock
- Attacks on defenders of children's rights
- Lack of information about trafficking in the State party
Geographical disparities in indicators on education, child mortality, access to piped water and healthcare
UN Committee on the Rights of the Child (Concluding Observations, June 2010)
While noting the strategy developed by the Ministry of Public Health aimed at regions where health indicators are below the national average, it remains concerned that infant mortality in rural areas is twice the rate of urban areas and that important disparity between rural and urban areas regarding quality to health services persist. The Committee is further concerned that exclusive breastfeeding prevalence fell significantly between 2000 (48%) and 2006 (6%). (paragraph 51)
The Committee commends the significant efforts deployed by the State party to increase enrolment rates in primary and secondary education, to reduce drop-out rates as well as regional and urban/rural disparities. It notes with satisfaction the four-year priority programme of education (2001-2005) adopted in the framework of the national strategy to reduce disparities between different regions and between urban and rural areas. It also welcomes the progress made to expand pre-school education and adult literacy programmes, and to improve access to information technologies. Nevertheless, the Committee is concerned at:
- The persistent regional and urban/rural disparities in education and in the quality of education facilities (paragraph 55)
UN Committee on Economic, Social and Cultural Rights
Last reported: 6 and 7 May 1999
Concluding Observations adopted: 14 May 1999
Indicators on education, child mortality, access to piped water and healthcare are much worse in the north-west of the country than in the north-east. Discrepancies also exist between the interior of the country and the south, and between towns and rural areas. (paragraph 16)
UN Committee on the Rights of the Child (Concluding Observations, June 2010)
[T]he Committee is concerned at:
- The dropout and repetition rates in both the first and second cycles of basic education which, while decreasing, continue to pose a significant challenge to the educational system (paragraph 55)
UN Committee on Economic, Social and Cultural Rights
Last reported: 6 and 7 May 1999
Concluding Observations adopted: 14 May 1999
The Committee notes that illiteracy still affects one third of the population. 42 per cent of women and 23 per cent of men, and that serious disparities continue to exist between the literacy rates of boys and girls at all age levels and between urban and rural areas. It also notes the serious problem of school drop-out, and especially that half of those enrolled in primary schools do not continue with secondary education. In this regard, the Committee is concerned about students who drop out at the end of the first cycle of basic education, of whom, according to the delegation 90 per cent had "exhausted their right to retake courses". (paragraph 17)
Discrimination against women and girls, particularly in accessing inheritance rights
UN Committee on the Rights of the Child (Concluding Observations, June 2010)
While welcoming the withdrawal of the State party's reservation to article 2 of the Convention regarding personal status, the Committee remains concerned that the Code of Personal Status continues to allow discrimination against women and girls in matters relating to inheritance. The Committee is also concerned that the law does not clearly provide for the rights of adopted children and children born out of wedlock to succession or inheritance.
The Committee urges the State party to review domestic legislation so as to ensure that discriminatory provisions affecting inheritance rights of girls are removed in accordance with article 2 of the Convention and the Convention on the Elimination of All Forms of Discrimination against Women. It further recommends that national legislation be amended to ensure that adopted children and children born out of wedlock benefit explicitly from the same inheritance rights as children born within marriage. (paragraph 27 and 28)
UN Committee on Economic, Social and Cultural Rights
Last reported: 6 and 7 May 1999
Concluding Observations adopted: 14 May 1999
The Committee is concerned that, despite the efforts of the State party, inequalities between men and women continue to persist, including with regard to access to positions of responsibility and to remuneration. It is particularly concerned that, according to the laws on inheritance, females are entitled to receive only half of the inheritance of males. While the State party believes that domestic violence in Tunisia is rare, the Committee is concerned about the scarcity of official data on this phenomenon. There are discrepancies between the rights of men, women and children of both sexes to enjoy the right to inherit. (paragraph 13)
The Committee strongly recommends that all men, women and children of both sexes should be enabled to enjoy the right to inherit on a basis of equality. (paragraph 21)
Discrimination against single mothers and children born out of wedlock
UN Committee on the Rights of the Child (Concluding Observations, June 2010)
The Committee welcomes the efforts made by the State party to facilitate the establishment of legal paternity for children born out of wedlock. It is concerned, however, at the high rate of children born out of wedlock placed in institutions resulting from the precarious situation, social discrimination and discrimination single mothers are facing. The Committee is deeply concerned that the Child Protection Code fails to provide appropriate mechanisms to secure adequate family and parental support to single mothers and maintenance recovery from fathers or other persons having financial responsibility for the child. (paragraph 43)
UN Committee on the Elimination of Discrimination against Women
Last reported: 7 October 2010
Concluding Observations adopted: 22 October 2010
In line with its previous concluding observations (A/57/38, paragraph 204), the Committee expresses concern about the precarious situation of single women with children born out of wedlock who continue to face discrimination and social stigmatisation. (paragraph 54)
Further to the recommendations of the Committee on the Rights of the Child (CRC/C/TUN/CO/3, paragraphs 26 and 44), the Committee encourages the State to take all possible measures to eliminate discrimination and social stigmatisation against single mothers, including through the provision of appropriate psychosocial and financial assistance and the conduct of awareness-raising campaigns. (paragraph 55)
Attacks on defenders of children's rights
UN Committee on the Rights of the Child (Concluding Observations, June 2010)
The Committee is deeply concerned at reports of harassment, persecution, arbitrary arrest and detention, and other human rights violations against human rights defenders, and restrictions placed on the activities of some NGOs. It expresses its deep concern at the new draft bill amending article 61 of the Penal Code which, if adopted, might negatively impact on the cooperation between international and regional human rights bodies and NGOs working in the field of human rights, and especially children's rights.
The Committee urges the State party to take all necessary measures to immediately halt and protect harassment and persecution against human rights defenders and to release all persons detained because of their activities in the field of human rights, including children's rights. The Committee further recommends to the State party to withdraw the draft bill amending article 61 of the Penal Code and review without delay laws, regulations and administrative practices in order to facilitate activities of NGO. It further recommends that all NGOs, including children's organizations and independent NGOs, be systematically involved throughout all stages of implementation of the Convention on the Rights of the Child. (paragraphs 18 and 19)
UN Special Rapporteur on the right to freedom of opinion and expression
Mr Abid Hussain
Country visit: 6-10 December 1999
Report published: 23 February 2000
The Special Rapporteur expresses concern about freedom of expression of journalists and human rights defenders and about allegations regarding the treatment of the families of people under arrest.
The case of Ms. Radhia Nasraoui, a well-known human rights lawyer is one of the most significant: she has been regularly harassed both in her professional life (ransacking of her office, restrictions on freedom of movement, pressure on her clients) and in her family life (attempted abduction of her younger daughter). (paragraph 63).
Lack of information about trafficking in the State party
UN Committee on the Rights of the Child (Concluding Observations, June 2010)
While noting with appreciation that the State party recently adhered to several international instruments on the matter, it remains concerned that its law does not specifically prohibit human trafficking and that the State party's report lacks information about the sale, trafficking, including in body organs, and abduction of children in the country.
The Committee recommends that the State party bring domestic law into full compliance with the Convention, its optional protocol on the sale of children, child prostitution and child pornography and other relevant international instruments and adopt further measures to combat trafficking of children for sexual and other exploitative purposes. It further recommends that a national coordination mechanism and a comprehensive data collection system be established in order to ensure that data on sale, trafficking, including in body organs, and abduction are systematically collected and analysed, and disaggregated by, inter alia, age and sex, and that they provide necessary tools for formulation and evaluation of policies. The Committee also recommends that the State party carry-out awareness-raising activities on trafficking, including through media campaigns and that it establishes a toll free child helpline to report cases and support victims of trafficking. (paragraphs 62 and 63)
UN Committee on the Elimination of Discrimination against Women
Last reported: 7 October 2010
Concluding Observations adopted: 22 October 2010
The Committee notes that a draft law and national plan of action on human trafficking is under consideration, but expresses concern at the lack of clear understanding of the concept of trafficking in human beings, which impedes the ability of the State to address the problem. It also notes the lack of information on the content of the draft law, the lack of disaggregated data on the prevalence of trafficking, and the lack of information provided on the prosecution and punishment of trafficking and on measures of protection for women at risk of trafficking. (paragraph 32)
The State should:
- Expedite the adoption of the draft bill on all forms of trafficking and ensure that the new law allows prosecution and punishment of perpetrators, effective protection of victims and adequate redress, in line with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and article 6 of the Convention;
- Conduct research on the root causes of trafficking and enhance bilateral and multilateral cooperation with neighbouring countries to prevent trafficking and bring perpetrators to justice;
- Provide information and training on the anti-trafficking legislation to the judiciary, law enforcement officials, border guards, social workers and service providers in all parts of the country;
- Conduct comparative studies on trafficking and prostitution and address their root causes in order to eliminate the vulnerability of girls and women to sexual exploitation and traffickers and undertake efforts for the recovery and social integration of the victims;
- Study the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1) and to implement them while combating trafficking in human beings. (paragraph 33)