evidoria

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Good practice

Organic Law No. 58 on Eliminating Violence Against Women

Tunisia · Tunis · See the Tunisia profile

Tunisia's 2017 Organic Law 58 created the country's first comprehensive law against violence against women, closing the marry-your-rapist loophole, but independent surveys and a Council of Europe assessment found low budget and low awareness (37% unaware of the law) leave enforce

Details

Promoter
Government of Tunisia / UN Women Tunisia
Period
2014-2023
Keywords
legislation, gender-based violence, justice sector reform, public health

Description

Tunisia's Assembly of the Representatives of the People passed Organic Law No. 58 on 26 July 2017, by a vote of 146 in favour out of 217 members, with zero abstentions. The law entered into force in February 2018. Its drafting was supported since 2014 by UN Women together with the Council of Europe, the European Union, UNDP, OHCHR, UNFPA and UNODC, who contributed review, recommendations, and article-by-article analysis submitted to parliament.

The law adopts a broad definition of violence covering physical, economic, sexual, political and psychological forms, and establishes protection mechanisms giving survivors access to legal and psychological support. It amended Article 227 of the Penal Code, closing a provision that had previously allowed perpetrators of sexual acts against minors to escape punishment by marrying their victim.

By December 2016, five ministries - Social Affairs, Justice, Women/Family/Children, Interior and Health - had adopted multi-sectoral protocols with monthly case-follow-up meetings to coordinate survivor support across justice, health and housing services.

Independent evidence gathered after passage points to a substantial implementation gap. A Council of Europe South Programme assessment one year after promulgation found budget allocation for the law 'low or non-existent' and stakeholder training insufficient. A 2023 academic survey of 110 Tunisian women found 45.5% had experienced gender-based violence, 37.3% were unaware the legal framework existed, only 22.2% of victims who experienced violence pursued legal action, and 83.3% considered the law not stringent enough to deter perpetrators.

Tunisia's Law 58 is included here as an honest, evidence-based case: it demonstrates that comprehensive, internationally-supported legislative reform is a necessary but not sufficient condition for reducing violence against women - sustained budget, public awareness campaigns, and institutional training are required to convert legal protections into measurable outcomes.

Read the full analysis: https://pjp-eu.coe.int/en/web/south-programme/-/law-on-the-elimination-of-violence-against-women-in-tunisia-what-assessment-can-be-made-one-year-after-the-promulgation-of-the-organic-law-

Implementation

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