WUNRN
CEDAW Convention: http://www2.ohchr.org/english/law/cedaw.htm
Human Rights Watch
TUNISIA - GOVERNMENT LIFTS
RESERVATIONS ON CEDAW CONVENTION
September 6, 2011 - (
Tunisia is an important country in the
region to withdraw all of its specific reservations to the treaty. These
reservations had enabled it to opt out of certain provisions even though it had
ratified the treaty.
The Tunisian Council of Ministers adopted a draft decree on August 16,
2011, to lift the reservations. “Many of the reservations limited women’s
equality within their families, and their removal finally recognizes that women
are equal partners in marriage and in making decisions about their children,”
said Nadya
Khalife,
The August 16 decree lifts all reservations except a general declaration
that Tunisia“shall not take any organizational or legislative decision in
conformity with the requirements of this Convention where such a decision would
conflict with the provisions of Chapter I of the Tunisian Constitution.”
Chapter I establishes Islam as the state religion. This declaration should also
be removed, as no state should use its own constitution as an excuse for not
complying with international standards, Human Rights Watch said. But Tunisia
has not used the declaration to attempt to justify maintaining laws or
practices that violate CEDAW, Human Rights Watch said.
The convention was adopted in 1979 by the United Nations General Assembly.
It defines what constitutes discrimination against women and establishes an
action plan for nations to use to end such discrimination. Some states parties
have entered reservations to the treaty, to keep from having to apply certain
provisions.
The Tunisian reservations concerned treaty requirements to provide equality
to women in family matters. These include passing on their nationality to their
children, rights and responsibilities in marriage and divorce, matters relating
to children and guardianship, personal rights for husbands and wives with
regard to family name and occupation, and ownership of property. CEDAW provides
for full equality for women in all these matters.
Although Tunisia has one of the most progressive personal status codes in
the region, the code still contains discriminatory provisions. Women are denied
an equal share of an inheritance, for example. Brothers, and sometimes other
male family members, such as cousins, are legally entitled to a greater share.
Article 58 of the personal status code gives judges the discretion to grant
custody to either the mother or the father based on the best interests of the
child, but prohibits allowing a mother to have her children live with her
if she has remarried. No such restriction applies to fathers.
“While lifting of these reservations to CEDAW sets the stage for equality
for Tunisia’s women, there is still much that must be done to remove
discriminatory provisions against women in the personal status code,” Khalife
said. “Once an elected new legislature is in place, it should make the review
and amendment of discriminatory legal provisions against women one of its top
priorities.”
Tunisia is the first country in the region to lift all specific
reservations to CEDAW. Tunisia is also one of only two countries in the Middle
East/North Africa region to adopt the Optional Protocol to CEDAW, which
entitles individuals or groups of individuals to submit complaints on women’s
rights violations to the CEDAW Committee.
However, Tunisia is one of only four members of the African Union that have
refused to sign, let alone ratify, the Protocol to the African Charter on Human
and People’s Rights on the Rights of Women in Africa (Maputo Protocol). Tunisia
made reservations to some of the Charter’s clauses related to marriage.
“Tunisia has proven itself a leader on women’s rights in the region, and we
hope it will set an example to other countries as the calls for reform sweep
the Middle East and North Africa, Khalife said. “To ensure that it continues
this leadership on gender equality, Tunisia should also sign and ratify the
Maputo Protocol.”