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Ed Webb

Tunisia's Compromise Constitution - Sada - 0 views

  • 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.
Ed Webb

Equality of the Sexes Contested on National Women's Day : Tunisia Live - News, Economy,... - 0 views

  • First celebrated in Tunisia over fifty years ago, National Women’s Day commemorates the adoption of Tunisia’s Code of Personal Status (CPS), which was promulgated on August 13, 1956. The first law passed after the country gained independence from French rule, the CPS redefined the role of women within Tunisian society. The law outlawed polygamy, banned the wearing of the hijab, established a judicial process for divorce, and required the consent of both parties for a marriage to be considered valid. It also defined men and women as equal citizens and granted the right to comparable wages for men and women.
  • In particular, post-revolutionary power gains by Islamist political parties, such as Tunisia’s Ennahdha party, have led to unease among feminists. “Now, they [Ennahdha] want to take back all that we had achieved,” Saida Rachid stated today to Tunisia Live. “Unlike the reassuring and calming declarations from the Ennahdha party after the [October 2011 Constituent Assembly] elections, claiming that Tunisian women’s rights would remain safe, we are now under serious threat.” Rachid referred to article 28 of Tunisia’s draft constitution as particularly dangerous to women’s post-revolutionary gains. Terming women as man’s “partner,” the clause states that man’s and woman’s roles in the family are “complimentary.” The proposed article was approved by the Commission of Rights and Liberties on August 1 with a vote of 12 to 8, with Ennahdha party members comprising 9 of the votes in favor
  • Ennahdha Constituent Assembly member Souad Abderrahim called the public reaction to the article “very exaggerated.” She explained, “It is still a draft and not a final one…We wrote that women and men are complementary to each other, and not that women complement men. Second, we already mentioned the word ‘equality’ in article 22.”
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