Tunisia

Tunisia

13^th SESSION
CONCLUDING OBSERVATIONS

June 06, 2002

COMMITTEE ON THE
RIGHTS OF THE CHILD

FOCUSING ON
PARTICIPATION, PROTECTION AND VIOLENCE AGAINST CHILDREN & YOUTH

Progress made by Tunisia on
ratification & national laws

The adoption of the Child Protection Code, the
obligatory reporting of danger to children and the development of a specialized
system of juvenile justice, the conversion of the National Council for Children
into a Higher Council, Labour Code raising the minimum age of employment, new
laws regarding children born out of wedlock.

Ratification of the ILO Minimum Age Convention
and the Worst Forms of Child Labour Convention.

Principal areas of
Concern and Recommendations

Tunisia is encouraged to consider
withdrawing reservations concerning the convention and to strengthen the
efficiency of coordination between the central government and the governorates.

Data collection; Efforts are welcomed to collect
data on children annually but there is lack of sectoral approach. Tunisia is
advised to conduct impact assessment on all areas of the convention with an
integrated approach to the data collection and seek assistance from various UN
agencies. Independent monitoring institutions are highly recommended to monitor
and evaluate progress in the implementation of the convention.

Definition of the
Child: Steps taken
to harmonize the minimum age for employment, in Tunisia, and the end of compulsory
education at 16 years are appreciated but the committee remains concerned with
the disparity of the minimum age for marriage for boys and girls.

Protection from Discrimination; Measures
Tunisia is taking in addressing discrimination with regards to children born
out of wedlock is appreciated but the committee is deeply concerned at the lack
of implementation of non-discrimination legislation regards of certain groups.
Discrimination in Tunisia are based on the political and human rights
activities, expressed opinion or beliefs of children and their parents,
guardians or family members, disability, national, ethnic or social origins.
The committee advices Tunisia to increase budgetary allocations for programmes
targeting the most vulnerable groups and close the gap in the enjoyment of
rights between urban and rural communities and undertake awareness campaigns
and law enforcement.

Respect for the views
of the Child; The
respect for Children in Tunisia remains limited due to traditional societal attitudes. The committee recommends
that Tunisia promote the respect for the views of the child within the family, the school
and the court by implementing skills-training programmes in the community
mainly for teachers, social workers and religious leaders.

Civil Rights and
freedoms: The
committee is concerned with the lack of practical guarantee for children’s freedom
of expression and peaceful associations. The exercise of freedom of religion in
Tunisia is concerning and the committee strongly urges the country to fully implement
the rights to freedom of thought, conscience and religion.

Inhuman and Ill-treatment: The committee is
extremely concerned of the allegations of torture and or other cruel, inhuman
or degrading treatment or punishment particularly in relation to children of
human rights defenders and political opponents. It is recommended that
appropriate measures be taken to investigate reported cases and that publicize
punishments to the convicted. Tunisia should train law enforcement officers on child rights issues and take all
necessary measures to ensure the recovery of child victims of torture and /or
ill-treatment.

Corporal Punishment: Violence as a means of discipline
in the home and at school continues to be acceptable. It is urged that a study
be conducted to assess the true nature and extent of ill-treatment, awareness
campaign should also be considered to promote non-violent forms of discipline
and to train teachers, law enforcement officers and other civil servants. Tunisia is
urged to ensure that the abused child not be victimized in legal proceedings
and that his/her privacy be protected.

Basic health and
welfare; Regarding
children with disabilities, the committee is concerned that only a small number
of children with minor disabilities attend regular school. Tunisia is
urged to undertake greater efforts to promote community-based rehabilitation
programmes and inclusive education. The Committee commends the achievements in
the area of health care. It also urges that Tunisia allocate proper resources
to ensure equal access and quality of health care for all children, in
particular in rural regions that have the highest mortality, regardless of
their socio-economic status.

Education: The Committee is concerned about the
dropout and repetition rates in Tunisian schools, the regional disparities
between rural and urban areas and the low enrolment of early childhood
education due to decrease of public institutions. This is causing
discrimination on the basis of income level. It is recommended to allocate
adequate financial, human and technical resources to improve education.

Sexual Exploitation; The insufficient data on awareness
and extent of sexual abuse and exploitation of children is of concern and
therefore Tunisia should undertake such studies and implement appropriate policies for the
prevention, rehabilitation and reintegration of child victims.

Juvenile Justice; Even though there is progress in
the legislation of Juvenile Justice, Tunisia needs to fully implement
all the provisions. Juvenile courts have not yet been established and there are
juveniles still being detained with adults resulting in sexual abuse and
ill-treatment. Tunisia is
urged to use deprivation of Liberty only as a last resort, to provide legal aid and not to detain persons under 18
with adults.