Group items tagged

Despite the reassurances of articles 40 and 45 as safeguards for women’s rights in Tunisia’s next constitution, women’s rights groups nonetheless still see much work to be done. They fear that article 7, which defines the family as “the nucleus of society” might be used later to limit women’s rights. For example, this could mean limiting women’s right to a divorce in the name of protecting the family. They also argue that article 21, which states that “the right to life is sacred” could be used to ban abortion, which is currently legal in the early stages of pregnancy. More likely, women’s rights groups could use articles 20 and 45 to push for a revision of the inheritance law, which is currently based in Islamic law.

While Western observers praise the current text as the best and most modern constitution in the Arab world, many Tunisians say that they do not want to have the most modern one in the region, but would rather see a good, coherent constitution. As it stands, the text reflects well the antagonisms that shape Tunisian society itself—compared to the 1959 post-independence constitution, which was closer to the elite’s vision of society than to social reality. The new text also highlights Tunisia’s contradictions. It will be for the Constitutional Court, to be established for the first time in the country’s history, to find (for the roughly 150 articles of text) a coherent interpretation that aims to guarantee Tunisians a democratic future.