Algeria

Article 279 of the penal code provides that a person who kills or injures his or her spouse benefits from mitigating circumstances if his or her spouse was caught in sexual act out of marriage. There is no legal prohibition against FGM as it is not commonly practiced in Algeria and only some cases may exist in migrant communities. The family law sets the age of marriage for men and women at 19 years. However, in “exceptional circumstances”, the judge may approve a marriage for those under the age of 19 years.

The rapist is penalized regardless of the acceptance to marry the victim. The penal code No. 66-156 of 1966 criminalizes rape. If the rape was committed against a minor, the sentence is tightened. However, article 326 of the penal code exonerates a man who abducts a girl under 18 without violence, threat, or deception if he later marries her. If the victim marries her abductor, the offender can only be prosecuted if the marriage is annulled.

A National Strategy for Combating VAWG was developed in 2007 by the then Ministry of Family and Women’s Affairs. The strategy has three intervention areas: appropriate and diversified services, community mobilization and social and national solidarity, and alliances building. It has facilitated various small legislative changes such as the amendment of the nationality law, the family law and the penal code. In line with this strategy, there are on-going trainings carried out for judiciary, gendarme and police.

The strategy does not include defined resources, budget and monitoring and evaluation plan. In 2019 the Minister of National Solidarity, Family and Women’s Affairs announced that the ministry was preparing a national strategy for women and family, which has not been launched yet.

There is no national health policy that addresses VAWG.

The formal channels of reporting systems include police and courts, the Ministry of National Solidarity, Family and Women’s Affairs.

There is no information on how many cases that are acted upon compared to the reported cases. Generally, after a report is received, common follow-up steps are taken, including arresting the perpetrator if required, and referrals to courts and public persecutors to initiate investigations. All procedures can be cancelled in case women dropped the complaint or if it is solved amicably.

No available information.

No available procedures.

There are no specific guidelines to identify trafficked women and there is no specific anti-trafficking law. The government prepared anti-trafficking law in 2019 but it has not been indorsed yet. However, Algeria prohibits forms of trafficking under the penal code. In 2016, a presidential decree established the Inter-Ministerial Anti-Trafficking Committee under the auspices of the Prime Minister’s Office. The committee coordinates implementation of the national anti-trafficking action plan.

There are no standard governmental procedures and guidelines to identify and prosecute traffickers. There is still no anti-trafficking law. However, the penal code includes punishments for the person who commits trafficking with up to 10 years imprisonment (article 303).

There are regulations that oblige service providers including those in the health sector to care for and/or refer VAWG victims. The public health law was amended in 2018 to oblige the services providers including doctors and nurses to report VAWG cases.

The Ministry of Health and Ministry of National Solidarity, Family and Women’s Affaires have a coordination department under the Directorate of Public Health to coordinate health sector response to VAWG.