RIGHTS OF MINORITIES
IN TUNISIA
By Rahma Sghaier
SUMMARY
 What is the definition of the word « minority »
 Does the Tunisian law protect minorities’ rights?
 How does t...
WHAT IS A MINORITY?
DEFINITON
 There is no legal definiton to the word « minority » in the Tunisian
legislation.
 Adopted by consensus in 19...
 There is no internationally agreed definition as to which groups
constitute minorities. It is often stressed that the ex...
DOCTRINE
 According to a definition offered in 1977 by Francesco Capotorti, Special
Rapporteur of the United Nations Sub-...
 The question often arises as to whether, for example, persons with
disabilities, persons belonging to certain political ...
THE TUNISIAN LAW
 The jewish and christian communities are recognized by official
texts in Tunisia and they have their of...
 Other minorities such as the Bahai or chiaa have been denied the
simple act of recognition. The Bahai community was even...
 As for the LGBT community, they have no legal status in Tunisia.
Being gay is yet penalized in the Tunisian Penal Code. ...
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Rights of Minorities in Tunisia

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An exposé about rights of minorities in Tunisia.
Source: Definition: http://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx
Tunisian Law and Rights of Minorities: Interviews

Published in: Law, Travel, Technology
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Rights of Minorities in Tunisia

  1. 1. RIGHTS OF MINORITIES IN TUNISIA By Rahma Sghaier
  2. 2. SUMMARY  What is the definition of the word « minority »  Does the Tunisian law protect minorities’ rights?  How does the Tunisian society deal with minorities? (through interviews)
  3. 3. WHAT IS A MINORITY?
  4. 4. DEFINITON  There is no legal definiton to the word « minority » in the Tunisian legislation.  Adopted by consensus in 1992, the United Nations Minorities Declaration in its article 1 refers to minorities as based on national or ethnic, cultural, religious and linguistic identity, and provides that States should protect their existence.
  5. 5.  There is no internationally agreed definition as to which groups constitute minorities. It is often stressed that the existence of a minority is a question of fact and that any definition must include both objective factors (such as the existence of a shared ethnicity, language or religion) and subjective factors (including that individuals must identify themselves as members of a minority).
  6. 6. DOCTRINE  According to a definition offered in 1977 by Francesco Capotorti, Special Rapporteur of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, a minority is: A group numerically inferior to the rest of the population of a State, in a non-dominant position, whose members - being nationals of the State - possess ethnic, religious or linguistic characteristics differing from those of the rest of the population and show, if only implicitly, a sense of solidarity, directed towards preserving their culture, traditions, religion or language.
  7. 7.  The question often arises as to whether, for example, persons with disabilities, persons belonging to certain political groups or persons with a particular sexual orientation or identity (lesbian, gay, bisexual, transgender or intersexual persons) constitute minorities. While the United Nations Minorities Declaration is devoted to national, ethnic, religious and linguistic minorities, it is also important to combat multiple discrimination and to address situations where a person belonging to a national or ethnic, religious and linguistic minority is also discriminated against on other grounds such as gender, disability or sexual orientation.
  8. 8. THE TUNISIAN LAW  The jewish and christian communities are recognized by official texts in Tunisia and they have their official representatives. Their places of worship are protected and their buildings and cemeteries are preserved. However, tunisian jews and christians are excluded from the participation in state affairs. Besides, up to the constitution, they are deprived of the nomination for the Presidency of the Republic.
  9. 9.  Other minorities such as the Bahai or chiaa have been denied the simple act of recognition. The Bahai community was even denied the establishment of an association by the general secretary of the government.  Irreligious people have been recently recognized (in theory) as the article 6 of the constitution guarantees the freedom of conscience.
  10. 10.  As for the LGBT community, they have no legal status in Tunisia. Being gay is yet penalized in the Tunisian Penal Code. (Crime: Sodomy)

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