Tunisia

Overview of the Law

• Total Articles: 44

• Objective:
  To implement measures to eliminate all forms of violence against women based on gender discrimination, and to ensure equality and respect for human dignity. The law adopts a comprehensive approach through:

  • Prevention

  • Prosecution and punishment of perpetrators

  • Protection and care of victims

Definition of Political Violence

Political violence is defined as:

“Any act or practice based on discrimination between the sexes whose perpetrator aims to deprive women or prevent them from exercising any political, partisan, associative activity or any fundamental right or freedom.”

Definition of Discrimination Against Women

Discrimination is defined as:

“Any distinction, exclusion, or restriction that has the effect or purpose of undermining the recognition of women's human rights and freedoms, on a basis of full and effective equality, in the civil, political, economic, social, and cultural fields, or of impairing this recognition or the enjoyment or exercise of these rights by women, regardless of their color, race, religion, thought, age, nationality, economic and social conditions, marital status, health, language, or disability.”

Definition of Victim

While the law does not specify protected persons, it defines a victim as:

A woman who has been deprived of the enjoyment of her rights and freedoms by acts that constitute a violation under this law.

Structure of the Law

The law includes provisions on:

• Objectives, scope, and definitions

• Guiding principles and obligations of the State

• Responsibilities of ministries and the media

• Rights of women victims and their children

• Reporting obligations

• Amendments to the Penal and Criminal Codes

• Specific penalties (e.g., public embarrassment, political violence, economic discrimination, child labor)

• Procedures for addressing violence against women

• Establishment of a specialized investigation unit

• Protective measures and procedures during legal proceedings

• Role and responsibilities of family law judges

• Conditions and duration of protection orders

• Penalties for violating court orders

• Responsibilities of police and other protectors

• Role of the National Observatory for the Prevention of Violence Against Women

• Legal amendments and date of entry into force

Three Key Features of the Law

1. Punishment for Acts of Political Violence (Article 18)

• Fine: One thousand dinars

• Imprisonment: Up to six months if the offense is repeated

2. Obligation to Report (Article 14)

• Mandatory reporting: Any person, including those bound by professional confidentiality, must report cases of violence against women to the authorities.

• Protection of whistleblowers: The identity of the reporting party cannot be disclosed without their consent, except in legal proceedings.

3. Establishment of the National Observatory (Article 40)

• Responsibilities of the National Observatory for the Prevention of Violence Against Women include:
  Detecting and monitoring cases of violence
  Overseeing the implementation and effectiveness of relevant legislation and public policies