| Click here for a summary of the Tunisia’s review at the first cycle and/or the third cycle. |
13th UPR session
Date of review: 22 May 2012
Date of report adoption: 19 September 2012
Working Group report: A/HRC/21/5
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SUMMARY SOGIESC issues during Tunisia’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Undertake a review of legal texts with a view to facilitating preventive measures and care of drug consumers;
- Decriminalise sexual relations between persons of the same sex and the clandestine sex trade;
- Amend or abolish all laws that discriminate on the basis of race, colour, religion, ethnicity, birth, sex, sexual orientation, gender identity, political or other opinion, national or social origin, or other status; ensure the right to privacy of all persons.
II. Excerpts from input reports
National report
No references.
Compilation of UN information
H. Right to health
69. CRC recommended that Tunisia ensure that adolescents be provided with gender-sensitive information on sexual and reproductive health, including on family planning and contraceptives. It also recommended that Tunisia provide children with accurate and objective information about substance use, including tobacco use.
70. The Joint United Nations Programme on HIV/AIDS (UNAIDS) noted that the duality of the Tunisian legal framework remained a major obstacle to achieving universal access in Tunisia, particularly for the populations most at risk from AIDS transmission. UNAIDS added that the fact that key and vulnerable populations are penalized by a legal system that represses both male and clandestine female sex workers, as well as men who have sex with men, and that severely punishes the use of injection drugs, was a major obstacle to granting those populations access to existing medical and social services.
71. UNAIDS recommended that the national committee for the fight against AIDS be revitalized;[i] that the legal framework that repressed key populations be revised; that the rights of people with communicable diseases be clearly set out and that rights specific to persons living with HIV be included.
Summary of stakeholders’ information
II. Information provided by other accredited national human rights institutions and other stakeholders
C. Implementation of international human rights obligations
1. Equality and non-discrimination
17. AI recommended that Tunisia amend or abolish all laws that discriminated on the basis of race, colour, religion, ethnicity, birth, sex, sexual orientation, gender identity, political or other opinion, national or social origin, or other status.
8. Right to health
68. Joint submission 4 (JS4) said that Tunisian law evinced a repressive approach to sections of the population which were of key importance in combating HIV/AIDS. JS3 recommended a review of legal texts with a view to facilitating preventive measures and care of drug consumers and decriminalizing sexual relations between persons of the same sex and the clandestine sex trade. JS3 made a similar recommendation.
III. References to SOGI during the Working Group review
B. Interactive dialogue and responses by the State under review
40. Regarding the de-criminalization of homosexuality, Tunisia stated that it would be possible to conduct an objective and transparent national dialogue on the subject. However, it was not ready at this stage to adopt a decision
42. Tunisia further stated that the National Constitutional Assembly would uphold Tunisia’s international obligations regarding respect for human rights and gender equality, and that the religious and cultural authorities in the country would not work against its international undertakings.
IV. Conclusions and/or recommendations
The recommendation below enjoyed the support of Tunisia:
114.1. Put in place a comprehensive strategy to eliminate patriarchal attitudes and negative stereotypes of women in the Tunisian society as well as eliminate discrimination against women that still exists in the national legislation, in particular concerning marriage, child custody, guardianship, as well as effective and equal access to justice (Poland 1); Put in place a broad strategy to eliminate patriarchal attitudes and stereotypes that discriminate against women in conformity with Articles 2 (f) and 5 (a) of CEDAW (Uruguay);
The recommendations below did not enjoy the support of Tunisia:
117.1. Eliminate any legislation criminalizing same-sex relations (Spain);
117.2. Modify or repeal Article 230 of the Penal Code in order to decriminalize same-sex relations of consenting adults (Austria);
Tunisia did not provide a response to the following recommendation:
116.5. Abolish legislation discriminating on the basis of sexual orientation, in order to guarantee the same rights to all citizens, including LGBT persons (Spain).
V. Adoption of the Report
The draft report of the Working Group was adopted at the 21st session of the Human Rights Council in September 2012. There were no references to sexual orientation or gender identity during the report adoption.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E
Outcome of the review
Report of the Working group: A | C | E | F | R | S
Addendum: A| E | F | R