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The new amendments announced by the President of the
Republic on August 13, 1992 have, meanwhile, strengthened
the place of women still further, confirming the principle
according to which their rights are inseparable from
those of men, eliminating legal provisions that could
be interpreted as discriminatory and sexist. These
amendments, adopted by the Chamber of Deputies in July
1993, stipulate in particular :
that the two spouses "must
treat each other with kindness and consideration, and
assist each other in the management of the household
and the affairs of their children." This provision
replaces the former clause providing that "the
woman must obey her husband";
that a mother's
consent must be obtained for the marriage of a daughter
who is a minor;
that mothers may participate in the
management of their children's affairs, particularly
in the case of a divorced mother who has custody of
her children;
that married girls who are still legal
minors have the right to manage their own private life
and affairs;
that a fund be created to guarantee payment
of child support and alimony to divorced women and
their children.
Created by virtue of law 93-65 pf 5
July 1993, the fund for alimony and divorce annuity
guarantee, ensures the payment of pension and annuity
decided by the court, which remain unpaid to divorced
women and their children because of the obstinacy of
the condemned party.
that judges receive training in
the field of women's rights, and that specialists be
trained in personal status and in sociological and
psychological matters;
that the provisions referring
to child support and alimony be recast in such a
way as to ensure payment of child support for the couple's
children until they reach their majority or finish
their schooling; in the case of girls, this allowance
continues to be due even after they reach the age
of majority, until they marry, or if they have no income
of their own.
This reform also specifies that a child's
maternal grandparents are entitled to an allowance,
an advantage which was formerly enjoyed only by the
paternal grandparents.
Readjustments have also been made in the Code of Nationality,
the Penal Code and the Labor Code. A Tunisian woman
married to a non-Tunisian may now transmit her nationality
to her children, provided the father consents. In the
case of the Penal Code, the sanctions for marital violence
have been strengthened, and the bond of marriage is
now considered an aggravating circumstance in such
cases. The preamble to the Labor Code now includes
an article explicitly stating that there is to be no
discrimination between men and women in any aspect
of labor.
The Child's protection Code issued in November 1995,
aims at ensuring the socialisation of children to a
free and responsible life... where the values of equity,
tolerance and moderation should prevail."
Furthermore, by virtue of measures adopted by President
Zine El Abidine Ben Ali on April 5, 1996 in favor of
the family, child support is automatically awarded
to a divorced woman who has custody of her children.
The
98-97 law related to family names and issued on October
28, 1998, gives a mother the right to give her family
name to her child of unknown parentage.
The 98-97
law, of 9 November, 1998, introduced the community
of belonging within the marriage institution.
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