تونس: فريق الأمم المتحدة العامل المعني بمسألة التمييز ضد المرأة في القانون وفي الممارسة يرحب باعتماد دستور جديد يحمي ويعزز الإنجازات في مجال المساواة والحقوق الأساسية للمرأة

GENEVA (04 April 2014): The United Nations Working Group on Discrimination against Women in Law and in Practice welcomes the recent adoption and promulgation of the new Constitution of the Republic of Tunisia, which marks the end of nearly three years of intense and participatory work on the Constitution.

The Working Group congratulates Tunisia for having seized the opportunity during the period of democratic transition to preserve and strengthen achievements for women in all areas. Ms. Frances Raday, the Chairperson-Rapporteur of the Working Group has particularly welcomed the participatory process, which has resulted in all sectors of society, including women from all walks of life, participating actively in the process of constitutional drafting. She said that "we pay special tribute to the women's movements, which have fought tirelessly to preserve achievements relating to equality and fundamental rights of women and the status of Tunisian women in society."

The Group welcomes the fact that many of its recommendations to the Government have been followed up: it notes with satisfaction that article 20 provides for the primacy of international law over domestic law, which is reflected by its application to treaties already ratified and in force and that new legislation which does not conform to these treaties cannot be adopted. It also notes with satisfaction that article 49 (4) upholds measures for the protection of rights and freedoms set forth in the Constitution against any amendment aimed at their restriction or deletion.

The Working Group is also of the opinion that the text of the new Constitution guarantees, protects and enforces achievements and makes advances in terms of equality and human rights of women. Ms. Frances Raday said that “the Constitution now clearly and unambiguously affirms the principle of equality between men and women and non-discrimination before the law. She added, however, that “it is regrettable that these guarantees seem to be conditional on the requirement of citizenship and there is no mention of multiple forms of discrimination on grounds such as race, religion, political or other opinions, national or social origin, birth or any other situation.” The Working Group also notes that the new Constitution does not specifically state that the concept of discrimination includes direct and indirect discrimination and hopes that future legislation clarifies this point.

The new Constitution guarantees the equality of opportunities between women and men regarding access to all responsibilities and in all areas, taking necessary measures to eliminate violence against women and achieving parity between women and men in elected assemblies. However, the Working Group regrets that it does not refer to the possibility of taking positive measures, such as quotas.

The Working Group also expresses its deep concern at a bill tabled in the National Constituent Assembly, focusing on the revision or withdrawal of a decree-law relating to the lifting of reservations to Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).

The Working Group recalls the need to finalise the process of withdrawing reservations to CEDAW, which Tunisia ratified in 1985, at both the national and international levels, in order to consolidate the commitments made to advance gender equality and the protection of fundamental rights of women.

Finally, the Group calls for an early creation of a provisional body responsible for ensuring the constitutionality of bills and hopes that the legislator will initiate, without delay, the necessary legal measures for the implementation of constitutional guarantees, which are guided by the principle of gender equality, in accordance with international standards.

ENDS