Tunisia

Article 207 of the penal code was repealed in 1993. Mitigation for “honour” crimes committed against women caught in sexual act out of marriage is no longer applied. The legal age of marriage for each is 18 years. However, it is possible in exceptional cases to conclude a marriage contract below the prescribed age after obtaining special permission from the court, which is given only for “serious” reasons and for the “obvious” interest of the spouses. Article 221 of the penal code prohibits the mutilation or partial or full removal of a woman’s sexual organ.

The rapist is penalized regardless of the acceptance to marry the victim. In 2017 the provisions that enabled impunity for sexual intercourse with a minor with her consent were also repealed in the penal code (Article 227 bis) as well as for escaping with a minor (Article 239).

The Ministry of Women, Family, Children and Elderly has adopted a National Strategy for Combating Violence against Women within the family and in society since 2008. The strategy was developed through a participatory approach that included various government stakeholders and civil society actors. It aims to review and implement laws on the prevention of violence against women, leading to the drafting and the adoption of a comprehensive law to eliminate violence against women. The strategy was revised in 2019 considering the provisions of this law.

No budget and resources have been allocated to it by the Tunisian State.

There is no national health policy that addresses VAWG. However, the law on eliminating violence against women requires ministries to provide special units for women victims of violence as well as health and psychosocial services. Article 18 of the Tunisia’s State budget law (13/2/2019) declares that each public policy must include goals and indicators guaranteeing equality between men and women and equal opportunities between them.

Formal channels of reporting systems include police, courts departments, green number of the Ministry of Women, Family, Children and Elderly. Article 22 of the law on violence against women declares that the public prosecutor must assign one or more substitutes to receive reports of violence against women and conduct the necessary investigations. Article 23 adds that areas must be provided in the courts and reserved for judges dealing with cases of violence against women, both at the level of prosecutors and investigating judges.

There is no information on how many cases are acted upon compared to the reported cases. The reported cases are acted upon according to laws and procedures that include investigation, prosecution, and punishment of the perpetrators, wherever the violence occurs. Article 25 of the law on violence against women states that a penalty of one to six months of imprisonment shall be imposed on any police officer from specialized units for combating violence against women who coerces the victim to withdraw her report or modify her testimony. Dropping a complaint does not stop prosecution or trial.

The 2019 Annual Report published by the Ministry of Women, Family, Children and Elderly includes the number of complaints undertaken by the competent teams tasked with combating violence against women and children and the number of cases of violence against women that are dismissed annually from the courts.

There are procedures for service providers assisting victims of VAWG. The law on violence against women includes the principles for providing care for the victims (Article 4). It also places general obligations to be shouldered by every care providing entity (Article 39) and special obligations to be carried out by specialized units when caring for victims (Articles 25-26). Five sectoral protocols have been signed between Ministries of Health, Justice, Social Affairs, Security Apparatus, and the Ministry of Women, Family, Childhood and Elderly that include principles and best practices on how to provide care for women victims of violence. A joint framework agreement has also been drawn up between all sectors on care for victims and signed by all the relevant ministries.

There is a National Anti-Trafficking Commission for combating human trafficking pursuant to the provisions of the basic law No. 2016-61 of 3 August 2016 on the prevention and combating of trafficking in persons. It is responsible for developing a national strategy to address human trafficking, receiving reports of trafficking cases and presenting them to the appropriate court, as well as establishing a database on human trafficking. It follows gender-sensitive guidelines as stipulated in Article 60: “The National Anti-Trafficking Commission, in coordination with the concerned departments and structures, shall provide the necessary social assistance to victims to facilitate their reintegration into social life and shall provide them with accommodation within the limits of available resources. These measures take into account the age of the victims, their gender and their specific needs.” There is also a measure that allows for a stricter trafficking penalty if the victim is a pregnant woman.

The 2016 law on trafficking of persons has created a set of procedures to identify and prosecute traffickers with up to 10 years’ imprisonment and a fine (article 8). Persons who do not report acts of trafficking of which they are aware shall be punished with one year of imprisonment and a fine (art 14).

There are regulations that oblige service providers including those in the health sector to care for and/or refer VAWG victims. Article 8 of the law on violence against women (2017) declares that the Ministry of Health shall introduce programs in medical and paramedical teaching curricula to address violence against women and to train health personnel at all levels to detect, assess and evaluate all forms of violence against women, to examine victims and to care for them and their dependent children. Article 14 of the same law declares that any person, including those bound by confidentiality, is required to inform the relevant authorities of acts of violence against women as soon as they discover or witness them. The multi-sectoral protocol for providing care for women victims of violence at the level of the health sector includes the services that are provided by other actors and the referral of victims to them. The inter-sectoral framework agreement also explains the mechanism of referral of victims from one actor to another.

The law on violence against women (2017) declares that the Ministry of Health shall be responsible to detect, assess and evaluate all forms of violence against women. The Ministry of Health signed protocols of cooperation with different ministries and bodies to receive and refer VAWG cases.