Algeria

The Convention has been ratified. However, Algeria has reservations to the following articles:

1. Article 2 relating to policy measures regarding the elimination of discrimination against women.
2. Article 15 (4) relating to equal rights of women regarding the law relating to the movement of persons and the freedom to choose their residence and domicile.
3. Article 16 relating to equality between women and men in all matters relating to marriage and family relations.
4. Article 29 relating to the administration of the Convention and arbitration in the event of a dispute over the application of treaty provisions.

1. The Algerian Constitution acknowledges the commitment to international treaties and conventions. Article 154 stipulates that “the treaties ratified by the President of the Republic, in the conditions specified by the Constitution, shall prevail over Acts of the Parliament.”
2. the Constitution prohibits discrimination based on sex. Article 37 provides for the right to equality before the law and the prohibition of discrimination based on sex.
3. the Constitution includes specific provisions on women’s rights and gender equality. Article 68 provides that the State is obliged to guarantee equality between women and men in the labor market and to encourage appointing women in leadership positions in public departments, administrations, and institutions.
4. Article 59 affirms the State’s commitment to “promote the political rights of women by increasing their opportunities to access representation in elected bodies”. No quota mentioned in the Constitution but there is a legislative quota for the Parliament. (Article 2 of the 2012 Law for the representation of Women requires variable quotas between 20% and 50% of the candidates for Parliament to be women, depending on the number of seats in each electoral district. (Electoral Law No. 12-03- 2012).

The main laws that are not in line with international obligations pertaining to women rights are as follows:

The penal code and the family law do not criminalize marital rape.

1. Article 237 of the penal code provides that a man who surprises his wife committing a sexual act out of marriage, and who kills her and the person involved in the sexual act with her, benefits from a reduced penalty.
2. Articles 304–313 of the penal code prohibit abortion, including for women who have been raped.
3. Article 339 of the penal code considers sexual act out of marriage an offence.
4. Articles 343– 347 of the penal code prohibit prostitution but it does not ensure the protection of prostituted women while penalizing the client.
5. The family law does not ensure equal rights between women and men during marriage and divorce relating to:
   Polygamy: Polygamy is allowed in case of the wife’s approval.
   Guardianship: Fathers are the sole guardians of their children.
   Inheritance: Women’s share of inheritance is less than men’s.
   Divorce: Men have a right to divorce by repudiation without resorting to the court while women have access to limited types of divorce that can only be obtained from a court.
6. Article 29 of the labour law prohibits employing women for night work, unless a special exception has been granted.

There is no comprehensive law that criminalizes all forms of VAWG. The amendments to the penal code (2015) introduced violence against women as a particular form of violence aimed specifically against women and girls, and committed in both private and public space. The penal code criminalizes some forms of VAWG, as rape, sexual harassment in the public space and in the workplace, as well as economic violence identified as deprivation of woman’s own goods, salary and lodging. FGM is not legally prohibited but is believed not to be practiced in Algeria.

Other forms of VAWG that are not comprehensively criminalized include: marital rape, early marriage, polygamy, inequality between men and women in inheritance, “honour” crimes. Sexual harassment in the workplace is not addressed in the labour law.

There is no specific law addressing VAWG comprehensively. Main laws relevant to combating the different forms of VAWG include: the penal code of 1966, as amended in 2015 which tightened the punishments on perpetrators of violence against women, the family law as amended in 2005, the nationality law of 2005.

There is no specific definition of VAWG in the Algerian legislation. Some forms of VAWG are defined under the penal code and the family law.

The parliament does not perform oversight role on public legal awareness on laws of VAWG.

The Constitution in article 57 guarantees legal assistance to “vulnerable persons”. Also, the laws include the right to legal assistance for those without means but not specifically for women victims of VAWG. The legal aid includes covering the costs of providing lawyer and the court procedures.

The 2018 Health Act promulgated three permissive cases for abortions:

1. When the physiological, psychological, and/or mental balance of the woman is at serious risk. The text is not explicit as to the nature of the loss of balance but is believed to refer to a woman who gets pregnant after being raped.
2. When the foetal anomaly implies non-viability.
3. When a woman’s life or health is at risk if the pregnancy continues.

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

1. The family law and penal code do not criminalize marital rape.
2. Article 279 of the penal code provides that a person who kills or injures his or her spouse benefit from mitigating circumstances if his or her spouse was caught in a sexual act out of marriage.
3. Articles 260–264 of the penal code prohibit abortion, including for women who have been raped.
4. The family law allows polygamy in case of the wife’s approval and the certification by a court of a “justified motivation” for the marriage and that the husband has adequate financial means to provide support.
5. Under the family law, fathers are the sole guardians of their children.
6. The inheritance, which is based on Sharia rules, does not guarantee the same rights for women and men.

There is no legal framework offering women legal protection from marital rape.

The penal code prohibits sexual harassment in the public space and in workplace under article 341, which is related to committing a “public indecency” and is punished by imprisonment and a fine. The labour law does not prohibit sexual harassment in the work place.