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"Individual freedoms in Tunisia Alarming state of play and urgent recommendations"

Requirements to better understand the present and the future ...

On the occasion of the four years of the Constitution of January 27, 2014, and the two years of creation of the Civil Collective for Individual Freedoms.

We, the Collective for Individual Freedoms:

Affirm our attachment to the Constitution of January 27, 2014, major achievement, which allowed the clear consecration and at a constitutional level of individual freedoms. This, with regard to and by way of enumeration, the freedom of conscience (article 6), the equality of all before the law without any discrimination (article 21), the right for women, opposable to the State, to be protected from all violence (article 46), the guarantee by the State of individual and public freedoms and rights (article 21), the guarantee of human dignity and physical integrity (article 23) , the protection of private life, the inviolability of the home, the confidentiality of correspondence, communications and personal data (article 24) etc ...

Note that, even though four years have passed since the consecration of these major constitutional gains, the authorities continue to arrest, arrest, condemn and imprison Tunisians, Tunisians, non-Tunisians as well as non-Tunisians, implementing inquisitive police practices, judicial decisions, based on obsolete legal texts that kill and fundamentally unconstitutional.

Recall that in doing so, the authorities are hindering the establishment of the rule of law, a necessary prerequisite for building a democracy, and condemning citizens to legal insecurity. That in addition, the constitutional value of these rights and freedoms enshrines their structuring nature for the society desired by the constituent, that it is in this that they are fundamental.

Note that the obstacles to the enjoyment of fundamental freedoms reveal the durability of obsolete practices inherited from the dictatorship, which has never hesitated to interfere in the private sphere of people through, in particular, the criminalization of acts with blurred outlines, such an attack on good morals, modesty or homosexuality.

We insistently draw attention to the seriousness of such acts which constitute a denial of the values of living together and seriously threaten the social model, the choices and the achievements of the Tunisian people, especially with regard to individual freedoms constitutionally protected. 

In view of these fundamental considerations, we, Civil Collective For Individual Liberties, demand and call for:

· The effectiveness of compliance with the various provisions of the 2014 Constitution and commitments resulting from international conventions duly ratified by Tunisia, which affirm the rights to equality, dignity and physical integrity.

The immediate repeal of the liberticidal and dangerous provisions of the Penal Code, in particular those relating to the protection of good morals, modesty and morals (articles 226, 226 bis, 230 and 231 of the Penal Code).

Immediate cessation of the degrading use of anal testing and all other degrading practices and investigations undermining physical integrity and dignity, bringing medico-legal practices into line with directives from the Council of the Order of Physicians.

· The implementation of Council of Europe Convention 108 on the protection of personal data and the Lanzarote Convention, relating to the protection of children against sexual exploitation and sexual abuse. 

· The fair and effective application of the marriage of the Tunisian woman with a spouse of her choice, the registration in this context of marriages prior to March 8, 2017.

· The implementation of the law on the eradication of violence against women,

The effective, immediate, unconditional and without discrimination of any kind implementation of the procedure relating to the commission of a lawyer during police custody and his active presence from the first hours of the arrest.

· The implementation of the recommendations of the UN mechanisms, specifically those adopted by the Committee against Torture, the Human Rights Committee and CEDAW.

The withdrawal of Tunisian reservations to CEDAW for compliance with the General Declaration issued on CEDAW, according to which "the Tunisian government will not take any legislative or administrative measure contrary to article 1 of the Constitution" which could restrict the human rights of women and justify the inequalities that persist.

The urgent establishment of the Constitutional Court and the start of its activities, by granting it all the means necessary for its proper functioning, to enable it to fully play its role of monitoring the constitutionality of laws and protecting freedoms individual.

·         L’adoption de la loi organique relative à l’Instance des Droits de l’Homme conformément aux dispositions de la Constitution tunisienne et aux Principes de Paris.

The signatory associations:

1. Tunisian Association for the Defense of Individual Freedoms (ADLI) 

2. The League tunisienne des droits de l’Homme

3.       TheTunisian Association of Democratic Women /

4.       TheBayti Association

5. ALSEJINE 52

6. The League of Tunisian Electors LET

7. The Tunisian Association for Reproductive Health

8.       The Mawjoudin Initiative for EqualityWeExist

9. The Tawhida Ben Cheikh Group

10. The Tigar Parity Citizenship Association

11. The Shams Association

12. The Tunisian Association for Justice and Legality DAMJ

13. The CHOUF MINORITIES Association

14.   The Association for the Promotion of Law to the ADD difference

15.   Doustourna network

16. The Association Tunisian for the fight against STDs and AIDS ATL

17. The Waai Association

18. Jamaity

19. The national network of peer educators Y-PEER Tunisia

20. The CALAM Association

21. The Free Sight association

22. The Tunisian Organization for Social Justice and Solidarity OTJUSS

23. The Tunisian Association for Positive Prevention + ATP +

24. The Horra Association

25. The Coalition for Women of Tunisia

26. FanniRoughmanAnni

27. Mnemty

28. Touensa

29. ArtRue

30. Kelmty

31. Challenge

32. Article 19

33. EUROMED RIGHTS network

34. Heinrich Boll Stiftung

35.     (ASF)

  1. The World Organization Against Torture (OMCT)

Dated: 

Wednesday, February 7, 2018

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ADLI, founded by a group of six people (university professors, a lawyer, a judge, and a designer), is accessible to any citizen who shares its aims and values.

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