CRC/C/TUN/CO/4-6

Tunisia (CRC 2  September 2021)

The Committee considered the combined fourth to sixth periodic reports of Tunisia
at its 2519th, 2521st and 2523rd meetings, 2 held virtually on 26, 27 and 28 May 2021, and
adopted the present concluding observations at its 2534th meeting, held on 4 June 2021.

Concluding observations on the combined fourth to sixth
periodic reports of Tunisia

C. General principles (arts. 2–3, 6 and 12)

Non-discrimination

14. The Committee notes with appreciation the legal prohibition of racial discrimination and that the Constitution ensures the protection of children from discrimination. It is however deeply concerned about the following:

(a) The lack of comprehensive legislation that prohibits all forms of discrimination in line with article 2 of the Convention;

(b) Limited progress in amending the Personal Status Code, which continues to allow discrimination against women and girls in matters relating to inheritance and custody and does not provide for the rights of adopted children and children born to unmarried parents to succession or inheritance;

(c) The persistent stigmatization of lesbian, gay, bisexual, transgender and intersex children;

(d) Persistent disparities in access and availability of services between children in different regions and between urban and rural communities;

(e) Persistent de facto discrimination against children in disadvantaged situations, including girls, children born to unmarried parents, children with disabilities, children living in rural or underprivileged areas, children living in poverty, children belonging to racial or religious minority groups, Amazigh children, migrant children, children infected with HIV and children affected by HIV/AIDS.

15. Taking note of target 10.3 of the Sustainable Development Goals, the Committee recalls its previous recommendations8 and urges the State party to:

(a) Explicitly prohibit, by law, discrimination against children on all grounds covered under the Convention, including sex, religion, ethnic or social origin and disability, birth or other status;

(b) Expedite the revision of the Personal Status Code, including its discriminatory provisions concerning the custody rights of mothers and the inheritance rights of girls, adopted children and children born to unmarried parents;

(c) Conduct awareness-raising activities aimed at ending the stigmatization of lesbian, gay, bisexual, transgender and intersex children;

(d) Address disparities in the access and availability of services for children in disadvantaged situations and regularly evaluate the enjoyment by those children of their rights;

(e) Take policy and educational measures, including sensitization and awareness-raising measures, to prevent and eliminate discrimination against children on all grounds and in all areas of life.

Harmful practices

26. The Committee recommends that the State party:

(a) Ensure that intersex children are not subjected to unnecessary medical or surgical treatment, in line with the rights of the child to bodily integrity, autonomy and self-determination;

(b) Provide social, medical and psychological services, where necessary, as well as adequate counselling, support and reparations, to families with intersex children.