Code of Personal Status (Tunisia) - July 12, 1993 Amendment

July 12, 1993 Amendment

Reforms were carried out in 1993. Although all feminist projects seeking clear recognition of the two sexes were not carried to term, reforms inclined towards a sharing of authority between the two spouses instead of the exclusive authority of the father. Amendment no. 93-74 of July 12, 1993 modified the Code giving wives the right to transfer her patrimony and nationality to children to the same extent as husbands, even if she was married to a foreigner, on the sole condition that the father has given his approval. Other measures consecrated the participation of the mother in the conduct of business concerning children and the obligatory consent of the mother for the marriage of her minor child. Furthermore, women acquired the right to represent their children in several judicial procedures, to open and to marriage a savings account for their benefit. Furthermore, the text makes it obligatory for spouses to be treated with "kindness" and to participate in the management of the home. Until then women had to accept the husband's prerogative. Finally, another prescription annulled the privilege of paternal grandparents to receive support payments for children. It made maternal grandparents equally entitled, eliminating the concept of the patriarchal family.

Later, a second series of provisions reinforced the protection of women in regard to men in repressing spousal violence more rigorously and in instituting alimony payments and in enforcing this from divorced husbands seeking to shirk this responsibility. In connection with profession, a new article of the labour code, no. 93-66 of July 5, 1993 reaffirmed that: "There can be no discrimination between men and women in the application of the dispositions of the Code."

In 1995, other legislative innovations were voted in the allocation of the goods at the heart of a couple, recognizing the fact that the composition of the goods was made by two spouses and in divorce cases women could not be excluded in the division of joint inheritances. During the presidential election, Ben Ali's program had the slogan, "Women's perspectives renewed."