DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Tunisia
North Africa · Country law profile
Tunisia: women’s rights and civic space laws
Tunisia’s Personal Status Code of 1956 sets the marriage age at 18 for both sexes, and Organic Law No. 2017-58 provides a comprehensive framework against violence against women. Discrimination remains in law: the husband is head of the family and daughters inherit half the share of sons. Marital rape is not named in the 2017 law. Tunisia withdrew its specific CEDAW reservations in 2014, but the electoral law adopted by decree in September 2022 removed the parity requirement for candidate lists. Civic space has narrowed sharply, with mass arrests ahead of the October 2024 presidential election and repeated UN calls in 2025 and 2026 to end repression of civil society and media.
At a glance
| Capital | Tunis |
|---|---|
| Legal system | Civil law system based on French civil law, with the 1956 Personal Status Code governing family matters |
| Official languages | Arabic |
Key indicators
18 for both sexesMinimum legal age of marriage (2007)
64.4 / 100World Bank Women, Business and the Law 1.0 index (2024)
45.0 / 100World Bank Women, Business and the Law 2.0 legal frameworks (2024)
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| CEDAW | Ratified September 1985 | Specific reservations withdrawn in 2014 |
| CEDAW Optional Protocol | Accession 23 September 2008 |
Constitution
| Constitution | Constitution of the Republic of Tunisia, 2022 (replacing the 2014 Constitution) |
|---|---|
| Quotas or parity | The 2014 Constitution’s parity commitment was reflected in the earlier electoral law; the September 2022 electoral law removed parity requirements for candidate lists |
National laws
Gender-based and domestic violence
Organic Law No. 2017-58 on the elimination of violence against women
Comprehensive law in force since 2018 covering prevention, protection, prosecution and support for survivors; Article 39 creates a National Observatory for combating violence against women.
Gaps: The government told CEDAW in 2023 that the law needs updating for better implementation.
Rape and sexual offences
Organic Law No. 2017-58 (amendments to the Penal Code)
Removed Penal Code provisions that let perpetrators of rape or abduction escape prosecution by marrying the victim.
Gaps: Marital rape is recognised only through case law and is not mentioned in the 2017 law.
Source: musawah.org, ungeneva.org
Sexual harassment
Penal Code, Article 226 ter (introduced August 2004)
Criminalises sexual harassment.
Source: hrlibrary.umn.edu
Child marriage and age of marriage
Personal Status Code, Article 5, as amended by Law No. 2007-32 of May 2007
Sets the minimum age of marriage at 18 for women and men.
Gaps: A judge may authorise marriage below 18 for serious reasons.
Source: hrlibrary.umn.edu, musawah.org
Family and personal status
Personal Status Code, 1956, Article 23
Governs marriage and divorce; Article 23 makes the husband head of the household with maintenance duties.
Gaps: Women’s groups call for reform of the Code, including on guardianship, to ensure full equality between spouses.
Source: musawah.org, nawaat.org
Family and personal status
Circular No. 164 of 8 September 2017
Allows Tunisian Muslim women to marry non-Muslim foreigners.
Source: musawah.org
Inheritance and succession
Personal Status Code, Articles 85 to 152 and Article 143 bis
Sets inheritance shares based on Islamic rules; Article 143 bis allows a sole daughter to inherit the whole estate.
Gaps: Daughters inherit half the share of sons; no equal inheritance law has been adopted.
Source: musawah.org
Land and property
Law No. 2008-20 of March 2008
Allows a mother who has custody of the children to remain in the marital home.
Source: hrlibrary.umn.edu
Political participation and quotas
Electoral law amended by decree in September 2022
Sets rules for candidacy in the 2022 to 2023 legislative elections with no distinction between women and men.
Gaps: Removed the parity requirement, and CEDAW experts warned it put women’s political gains at risk.
Labour and maternity
Law No. 2021-37 on the regulation of domestic work
Regulates domestic work and strengthens the rights of domestic workers, most of whom are women, including social protection and leave.
Source: ungeneva.org
Labour and maternity
Labour Code and public service statutes (maternity leave provisions)
Provide maternity leave in the public and private sectors.
Source: hrlibrary.umn.edu
Social protection
Law No. 2002-32 of March 2002
Extended social security coverage to domestic workers and agricultural workers.
Source: hrlibrary.umn.edu
Nationality
Nationality Code, 1963, as amended by Law No. 2002-4 (February 2002) and in 2010
Tunisian mothers can transmit nationality to their children; the delegation told CEDAW in 2023 that the 2010 amendment allows transmission to children and spouses.
Gaps: Musawah reports that Articles 6, 7 and 12 to 14 still favour paternal transmission and that women cannot confer nationality on a foreign husband on equal terms.
Access to justice and legal aid
Organic Law No. 2018-50 on the elimination of all forms of racial discrimination
Criminalises racial discrimination and creates a National Commission against racial discrimination (Government Decree 2021-203).
Gaps: Minority and migrant women, including Amazigh women, still face multiple discrimination, according to Minority Rights Group.
Source: minorityrights.org
Same-sex relations
Penal Code, Articles 226 and 226 bis (public indecency)
Minority Rights Group reports these provisions are applied against LBTQ+ women.
Source: minorityrights.org
Civic space
| Notes | More than 100 candidates and campaign workers were arrested ahead of the October 2024 presidential election, which CIVICUS describes as non-competitive. In December 2025 UN experts condemned the conviction of a human rights lawyer, and on 7 May 2026 the UN High Commissioner for Human Rights called on Tunisia to end repressive measures against civil society and media. |
|---|
Recent developments
- September 2022. A new electoral law adopted by decree removed parity requirements for legislative candidate lists.
- February 2023. The CEDAW Committee reviewed Tunisia’s seventh periodic report and adopted concluding observations (CEDAW/C/TUN/CO/7).
- October 2024. Presidential election held after the arrest of more than 100 candidates and campaign workers.
- December 2025. UN experts expressed shock at the conviction of a human rights lawyer.
- 7 May 2026. The UN High Commissioner for Human Rights called on Tunisia to end repressive measures against civil society and media.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Explicitly criminalise marital rape in Organic Law 2017-58 and the Penal Code, and update the law’s implementation framework.
- Amend the Personal Status Code to remove the husband’s status as head of family and the judicial exception to the marriage age of 18.
- Adopt equal inheritance rights for women and men.
- Amend the Nationality Code so that women transmit nationality to children and foreign spouses on equal terms with men.
- Restore gender parity in the electoral law.
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, abortion and sexual and reproductive health, girls’ education, trafficking, online violence and cybercrime, data protection, older persons, women and girls with disabilities, human rights defenders. 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. 6 of the 13 human rights and governance treaties below are ratified.
| AU treaty | Status | AU list dated |
|---|---|---|
| Maputo Protocol (rights of women) | Ratified 23/08/2018 | 19/09/2023 |
| African Charter on Human and Peoples’ Rights | Ratified 16/03/1983 | 15/06/2017 |
| African Charter on the Rights and Welfare of the Child | Signed 1995, not ratified | 14/02/2023 |
| Protocol establishing the African Court on Human and Peoples’ Rights | Ratified 21/08/2007 | 14/02/2023 |
| African Charter on Democracy, Elections and Governance | Signed 2013, not ratified | 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 | Ratified 08/06/2011 | 19/09/2023 |
| OAU Refugee Convention | Ratified 17/11/1989 | 16/05/2019 |
| AU Convention on Preventing and Combating Corruption | Ratified 19/11/2019 | 14/02/2023 |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Signed 2019, not ratified | 02/02/2026 |
Other AU treaties (16)
Sources (10)
- hrlibrary.umn.edu · cedaw tunisia2010
- musawah.org · CEDAW thematic report on family law and muslim womens rig…
- wbl.worldbank.org · WBL2024 Economy Scores
- ungeneva.org · examen du rapport de la tunisie devant le cedaw la nomina…
- nawaat.org · womens rights in tunisia cedaw decimated
- minorityrights.org · tunisia cedaw
- civicusmonitor.contentfiles.net · GlobalFindings24
- ohchr.org · tunisia
- ohchr.org · cedawctunco7 concluding observations seventh periodic report
- treaties.un.org · ViewDetails
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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.