DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Algeria
North Africa · Country law profile
Algeria: women’s rights and civic space laws
Algeria’s 2020 Constitution guarantees equality before the law and, in Article 40, commits the state to protect women against all forms of violence in all places and circumstances, including at work and in the home. Law 15-19 of 2015 criminalised domestic violence and sexual harassment, yet a pardon by the victim can end prosecution or reduce the sentence, and marital rape is not criminalised. The Family Code still requires a marriage guardian for women, permits polygamy with judicial authorisation and gives daughters half the inheritance share of sons. Women’s share of seats in the National People’s Assembly fell from about 31% after the 2012 quota law to 6.1% after the July 2026 election. CIVICUS rates civic space as repressed, and laws on associations and terrorism are used against activists and journalists.
At a glance
| Capital | Algiers |
|---|---|
| Legal system | Civil law system based on French civil law, with the Family Code (Law 84-11 of 1984, amended by Ordinance 05-02 of 2005) drawing on Islamic law for personal status |
| Official languages | Arabic and Tamazight |
Key indicators
19 for both sexesMinimum legal age of marriage (2005)
4%Child marriage rate (% of women married before 18) (2019)
6.1% (25 of 407 seats)Women in parliament (% lower house) (2026)
57.5 / 100World Bank Women, Business and the Law 1.0 index (2024)
40.0 / 100World Bank Women, Business and the Law 2.0 legal frameworks (2024)
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | Signed 29 December 2003; ratified 20 November 2016; deposited 10 January 2017 | Equality Now reports reservations to Articles 6, 7 and 14 |
| CEDAW | Acceded 1996 | Reservations to Articles 2, 15(4), 16 and 29(1); reservation to Article 9(2) withdrawn on 15 July 2009 |
| CEDAW Optional Protocol | Not signed | |
| African Charter on the Rights and Welfare of the Child | Ratified 2003 | |
| Budapest Convention on Cybercrime | Not a party |
Constitution
| Constitution | Constitution of the People’s Democratic Republic of Algeria, 2020, amended by parliamentary vote in March 2026 |
|---|---|
| Equality guarantees | Article 35 tasks institutions with ensuring the equality of all citizens; Article 37 guarantees equality before the law without discrimination on grounds including gender; Article 40 requires the state to protect women against all forms of violence in all places and circumstances; Article 68 commits the state to promote parity between men and women in the labour market |
| Quotas or parity | Article 59 requires the state to promote women’s political rights by expanding their access to representation in elected assemblies. The March 2026 constitutional amendments did not change these articles, according to ConstitutionNet |
National laws
Gender-based and domestic violence
Law No. 15-19 of 2015 (in force 30 December 2015) amending the Penal Code (Articles 266 bis, 266 bis 1, 330 bis, 333 bis 2 and 341 bis)
Criminalises violence against a spouse or former spouse, including psychological and economic violence, with penalties rising to life imprisonment when the violence causes death.
Gaps: A pardon by the victim ends prosecution or reduces the penalty in many cases. The law provides no protection orders, no shelter or service obligations and does not cover unmarried partners. UN Women notes no national strategy on violence against women since 2007.
Rape and sexual offences
Penal Code (Ordinance 66-156 of 1966), Articles 326 and 336
Article 336 punishes rape with 5 to 10 years of imprisonment. Article 326 allows a man who abducts a minor girl and then marries her to escape prosecution.
Gaps: Rape is not defined in the Penal Code and marital rape is not criminalised. Amnesty International and CEDAW have called for repeal of Article 326 and a definition of rape.
Sexual harassment
Penal Code, Article 341 bis, as amended by Law No. 15-19 of 2015
Criminalises sexual harassment, including in the workplace, and Law 15-19 added harassment of women in public spaces.
Gaps: The Labour Code has no specific provision on workplace sexual harassment, according to EFI.
Child marriage and age of marriage
Family Code, Article 7, as amended by Ordinance No. 05-02 of 27 February 2005
Sets the capacity to marry at 19 years for both women and men.
Gaps: A judge may authorise marriage below 19 for reasons of interest or necessity, and Girls Not Brides reports that these exceptions leave no effective minimum age.
Family and personal status
Family Code, Law No. 84-11 of 9 June 1984, amended by Ordinance No. 05-02 of 27 February 2005, Articles 8 and 11
Article 11 requires an adult woman to conclude her marriage in the presence of a guardian (wali), who may be her father or a person of her choice. Article 8 permits polygamy where justified, subject to judicial authorisation and notice to the existing and future wives.
Gaps: CEDAW in 2012 called for amendments removing the guardian requirement and polygamy. Algeria keeps its CEDAW reservation to Article 16 on marriage and family relations.
Family and personal status
Family Code, Articles 48 to 54, 66 and 87
A husband may divorce by unilateral will, while a wife must prove grounds listed in Article 53 or buy her release through khul payment under Article 54. Custody goes first to the mother, and the custodial parent exercises guardianship after divorce.
Gaps: A mother who remarries loses custody under Article 66, and the father remains the legal guardian of minor children during marriage under Article 87.
Inheritance and succession
Family Code, Articles 126 to 183
Governs succession according to Islamic rules of fixed shares.
Gaps: Daughters receive half the share of sons, and a widow inherits half of what a widower receives when there are descendants.
Land and property
Family Code, Article 37
Each spouse keeps separate property, and spouses may agree in the marriage contract or a later deed on joint ownership of assets acquired during marriage.
Gaps: Unequal inheritance shares limit women’s access to land and property.
Source: learningpartnership.org, equalitynow.org
Abortion and sexual and reproductive health
Law No. 18-11 of 2 July 2018 on Health, Articles 77 and 78; Penal Code, Articles 304 to 313
Therapeutic abortion is allowed when pregnancy threatens the woman’s life or her mental and psychological balance, and only in public health facilities. The Penal Code otherwise criminalises abortion.
Gaps: There is no explicit ground for rape, incest or fetal anomaly.
Girls’ education
Law No. 08-04 of 23 January 2008 on the orientation of national education
Article 10 guarantees the right to education without discrimination based on sex. Schooling is compulsory from age 6 to 16 under Article 12 and free in public schools under Article 13.
Source: unesco.org
Political participation and quotas
Ordinance No. 21-01 of 10 March 2021 on the organic law on the electoral system, amended in 2026
Required gender parity on open, unranked candidate lists. Parliament adopted amendments on 31 March and 2 April 2026 that replace parity with a one-third quota of women candidates.
Gaps: Only 33 women (8.1%) were elected in 2021 and 25 (6.1%) in July 2026.
Labour and maternity
Labour Code, Articles 6, 17 and 84
Guarantee equal access to employment, nullify discriminatory decisions and require equal pay for work of equal value.
Gaps: Workplace sexual harassment is not specifically addressed in labour law.
Source: euromedrights.org, efi-rcso.org
Labour and maternity
Law No. 25-08 of 2025 amending social insurance (in force 19 July 2025)
Extends paid maternity leave to 150 consecutive days at 100% of the daily wage, with extensions where the newborn has a disability or serious illness.
Source: paulhastings.com
Social protection
Law No. 15-01 of 4 January 2015 creating an alimony fund
Creates a state fund that pays court-ordered maintenance to divorced women and to children in their custody when the debtor fails to pay.
Source: faolex.fao.org
Nationality
Nationality Code (Ordinance 70-86 of 15 December 1970), as amended in 2005, and Law No. 26-01 of 2026
Since 2005 Algerian women can transmit nationality to their children, and a foreign man can acquire nationality by marriage to an Algerian woman. Law 26-01 adds Article 22 bis, which expands grounds for revoking nationality.
Gaps: Observers warn that the vaguely worded revocation grounds in the 2026 amendment could be used against government critics.
Trafficking
Law No. 23-04 of 2023 on preventing and combating trafficking in persons
Replaced the Penal Code trafficking provisions of Law 09-01 of 2009 and sets out victim protection, including access to shelters and compensation, and specialised enforcement.
Gaps: CEDAW in 2012 noted that no prosecutions had followed the 2009 law.
Access to justice and legal aid
Constitution of 2020, Article 57
Guarantees legal assistance to vulnerable persons, and legislation provides legal aid for people without means.
Gaps: Legal aid is not tailored to survivors of violence. CEDAW in 2012 asked Algeria to make complaints easier and provide legal aid to women.
Source: efi-rcso.org, hrlibrary.umn.edu
Online violence and cybercrime
Law No. 09-04 of 5 August 2009 on preventing and combating offences linked to information and communication technologies
Sets rules for preventing and investigating ICT offences. Law 14-01 of 2014 created the offence of child pornography.
Gaps: There is no specific provision on online violence against women.
Source: coe.int, efi-rcso.org
Data protection
Law No. 18-07 of 10 June 2018 on the protection of natural persons in the processing of personal data, amended by Law No. 25-11 of 24 July 2025
Regulates processing of personal data, including sensitive data on health, and is enforced by the National Authority for the Protection of Personal Data set up in August 2023.
Source: dlapiperdataprotection.com
Older persons
Law No. 10-12 of 29 December 2010 on the protection of older persons
Provides the legal framework for the protection of older persons.
Source: ilo.org
Women and girls with disabilities
Law No. 25-01 of 20 February 2025 on the protection and promotion of persons with special needs
Guarantees non-discrimination and compulsory education for children with disabilities, sets a 1% employment quota for employers and punishes abuse or exploitation of persons with disabilities, including forced begging.
Gaps: EuroMed Rights notes no specific protections for women with disabilities.
Source: natlex.ilo.org, euromedrights.org
Human rights defenders
Law No. 12-06 of 12 January 2012 on associations; Penal Code Article 87 bis (amended by Ordinance 21-08 of 8 June 2021); Penal Code Article 95 bis (Law 20-06 of 28 April 2020)
Associations need prior authorisation and approval for foreign funding. Article 87 bis broadly defines terrorism, and Article 95 bis criminalises receiving foreign funds deemed to undermine state security.
Gaps: There is no law protecting human rights defenders. UN experts have called for repeal of Article 87 bis, and a draft associations law adds further restrictions.
Same-sex relations
Penal Code, Articles 333 and 338
Article 338 criminalises same-sex acts between men or between women with 2 months to 2 years of imprisonment, and Article 333 raises penalties for public indecency between persons of the same sex.
Source: humandignitytrust.org, upr-info.org
Civic space
| CIVICUS Monitor rating | Repressed (27/100) |
|---|---|
| NGO and association law | Law No. 12-06 of 12 January 2012 on associations requires prior authorisation and approval for international funding; a draft law to replace it adds requirements such as respect for national constants |
| Press and media law | Organic Law No. 23-14 of August 2023 on information, supplemented by Laws No. 23-19 and No. 23-20 on the press and audiovisual sector |
| Cybercrime law | Law No. 09-04 of 5 August 2009; Law No. 20-05 of 28 April 2020 on discrimination and hate speech is used against peaceful online expression |
| Human rights defenders law | No specific law |
| Public order and counter-terrorism | Penal Code Article 87 bis on terrorism (Ordinance 21-08 of 2021); Article 95 bis on foreign funding (Law 20-06 of 2020); Law No. 24-06 of 28 April 2024 amending the Penal Code; Law No. 91-19 on public meetings and demonstrations |
| Notes | CIVICUS reports continued convictions of dissidents through 2025 and the closure of a long-established civil society organisation. The UN Special Rapporteur on human rights defenders visited Algeria from 25 November to 5 December 2023. Women’s and children’s rights groups face fewer obstacles than broader human rights groups, according to the EU SEE snapshot. |
Recent developments
- November to December 2023. The UN Special Rapporteur on human rights defenders visited Algeria.
- 28 April 2024. Law No. 24-06 amended the Penal Code, adding offences on disclosing sensitive information and harming the image of security services.
- 20 February 2025. Law No. 25-01 on the protection and promotion of persons with special needs was adopted.
- July 2025. Law No. 25-08 extended paid maternity leave to 150 days at full pay, and Law No. 25-11 amended the personal data law.
- December 2025 to February 2026. Parliament adopted an amendment to the Nationality Code expanding grounds for revoking nationality, promulgated as Law No. 26-01.
- March to April 2026. Parliament amended the Constitution and the electoral law; the electoral reform replaced candidate list parity with a one-third quota of women.
- 2 July 2026. Legislative elections held with record low turnout of about 21%; women won 25 of 407 seats (6.1%).
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Remove the pardon clause from Law 15-19 and adopt a comprehensive law on violence against women that defines rape, criminalises marital rape, and provides protection orders and shelters.
- Repeal Penal Code Article 326, which lets a man who abducts a minor escape prosecution by marrying her.
- Amend the Family Code to end the marriage guardian requirement, polygamy and judicial exemptions to the marriage age of 19, and to equalise divorce, custody and inheritance rights.
- Withdraw the CEDAW reservations to Articles 2, 15(4) and 16 and ratify the CEDAW Optional Protocol.
- Restore an effective quota or parity mechanism that results in women’s representation in elected assemblies, and repeal restrictive provisions of Law 12-06 and Article 87 bis.
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: female genital mutilation, harmful practices. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 7 of the 13 human rights and governance treaties below are ratified.
| AU treaty | Status | AU list dated |
|---|---|---|
| Maputo Protocol (rights of women) | Ratified 20/11/2016 | 19/09/2023 |
| African Charter on Human and Peoples’ Rights | Ratified 01/03/1987 | 15/06/2017 |
| African Charter on the Rights and Welfare of the Child | Ratified 08/07/2003 | 14/02/2023 |
| Protocol establishing the African Court on Human and Peoples’ Rights | Ratified 22/04/2003 | 14/02/2023 |
| African Charter on Democracy, Elections and Governance | Ratified 20/11/2016 | 08/07/2024 |
| AU Convention on Ending Violence against Women and Girls | Not signed | 22/05/2026 |
| Protocol on the Rights of Persons with Disabilities | Not signed | 22/05/2026 |
| Protocol on the Rights of Older Persons | Not signed | 22/05/2026 |
| Protocol on Social Protection and Social Security | Not signed | 22/05/2026 |
| African Youth Charter | Signed 2011, not ratified | 19/09/2023 |
| OAU Refugee Convention | Ratified 24/05/1974 | 16/05/2019 |
| AU Convention on Preventing and Combating Corruption | Ratified 23/05/2006 | 14/02/2023 |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed | 02/02/2026 |
Other AU treaties (16)
Sources (41)
- learningpartnership.org · Algeria Family Code 2007 English
- girlsnotbrides.org · algeria
- data.ipu.org · data on women
- wbl.worldbank.org · WBL2024 Economy Scores
- au.int · 37077 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLE…
- equalitynow.org · EN Africa Family Laws Algeria
- bayefsky.com · algeria t2 cedaw
- hrlibrary.umn.edu · cedaw algeria2012
- euromedrights.org · factsheet Algeria EN
- coe.int · algeria
- constitutions.unwomen.org · algeria
- constitutionnet.org · algeria reform closing procedural gaps recalibrating institu…
- hrw.org · state response domestic violence algeria
- euromedrights.org · Violence against women in Algeria
- data.unwomen.org · country snapshot
- upr-info.org · AI UPR41 DZA E Main
- efi-rcso.org · algeria
- gov.uk · algerian family code
- lawandworld.ge · 670
- unesco.org · a7e0cc2805ceafd5db12f8cf3190f43b66854027
- data.ipu.org · DZ LC01 E20210612
- medfeminiswiya.net · from 31 to 8 women in algerias national assembly or how half…
- eusee.hivos.org · accelerated adoption of electoral reform and consideration o…
- paulhastings.com · algeria
- faolex.fao.org · alg162399
- hrlibrary.umn.edu · cedaw algeria2005
- eusee.hivos.org · adoption of bill expanding the grounds and procedures for re…
- icnl.org · algeria
- zenodo.org · 18493336
- droit.mjustice.gov.dz · Loi 23 04 fr
- antislaverylaw.ac.uk · algeria
- dlapiperdataprotection.com · index
- ilo.org · natlex4.detail
- natlex.ilo.org · DZA 117750
- eusee.hivos.org · Algeria EE Baseline Snapshot
- hrw.org · algeria
- humandignitytrust.org · algeria
- monitor.civicus.org · algeria
- digitallibrary.un.org · A HRC 58 53 Add.3 FR
- arpce.dz · n2i3l8
- arabcenterdc.org · what algerias elections really revealed
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Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.