Tunisia

Tunisia

Right	Section	Contents
Freedom of Association	History	The Tunisian Constitution of 2014 (Arabic: 2014 دستور تونس) was adopted on 26 January 2014, article 35 of the constitution guarantees the freedom of establishment of political parties, unions, and associations while respecting financial transparency and the rejection of any incitement of violence. Tunisia had included the right of freedom of association after independence from France in 1959 as part of Article 8. The original short lived 1861 constitution does not highlight any freedom of association. Bourguiba, Habib. 1959. “WIPO Lex, Tunisia, the Constitution of Tunisia, 1959.” Www.wipo.int. 1959. https://www.wipo.int/wipolex/en/legislation/details/7201. National Parliament. 2014. “WIPO Lex, Tunisia, the Constitution of the Republic of Tunisia, 2014.” Www.wipo.int. 2014. https://www.wipo.int/wipolex/en/legislation/details/14847.
Freedom of Expression	History	Freedom of expression was first guaranteed under Article 8 of Tunisia’s first constitution after gaining independence from France. The document was adopted in 1959 with periodical amendments through 2008. “Tunisia’s Constitution of 1959 with Amendments through 2008.” Constitute. Accessed June 26, 2023. https://www.constituteproject.org/constitution/Tunisia_2008.pdf
Freedom of Religion	History	Under Chapter I, Article 5, Freedom of religion is asserted in the Constitution of the Republic of Tunisia. Article 5 specifically guarantees fundamental freedoms and human rights, covering Freedom of religion and conscience in the last point made, “provided it does not not disturb public order." Constitute Project. 1959 Constitution of the Republic of Tunisia. https://www.constituteproject.org/constitution/Tunisia_2008
Freedom of the Press	History	Article 8 of Tunisia’s 1959 Constitution first protected press freedom: “Freedom of opinion, expression, press, publication, assembly and association are guaranteed and exercised according to the terms defined by the law" (Constitute Project, "Tunisia 1959 (rev. 2008) "). Article 31 of Tunisia’s 2014 Constitution protects press freedom: “Freedom of opinion, thought, expression, information and publication shall be guaranteed. These freedoms shall not be subject to prior censorship" (Constitute Project, “Tunisia’s Constitution of 2014” ).
Privacy Rights	History	Article 24 of the 2014 Tunisian Constitution states “The state protects the right to privacy and the inviolability of the home, and the confidentiality of correspondence, communications, and personal information.” (Constitution of the Republic of Tunisia, 2014). However, in 2022, President Kais Saied proposed a constitutional referendum, which passed. The 2022 Tunisian Constitution states in Article 30 “The state protects the private life, the inviolability of the domicile and the secrecy or correspondence, of communications and of personal data.” (Constitution of the Republic of Tunisia, 2022). The new constitution consolidates much of the governments power within the president, including the ability for the president to impose restrictions on the rights of Tunisian citizens under certain circumstances like national defense, public security, public health, protection of the rights of others, or protection of public morals. What this means for the right to privacy in Tunisia is that, while it is still listed as protected in the constitution, the new power of the president means that this right could be usurped if the president deemed it necessary. References: Constitution of the Republic of Tunisia. “Chapter II: Of the Rights and Freedoms.” HeinOnline, 2022. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zztn0121&id=6&collection=cow&index=. Venice Commission. “Constitution of the Republic of Tunisia.” HeinOnline, 2014. https://heinonline-org.proxy.lib.miamioh.edu/HOL/cowdocs?state=&tfile=tn_2014_venicecomm_eng.pdf.
Voting Rights and Suffrage	History	Under Article 54, Tunisian citizens are eligible voters if they are at least 18 years old. Article 55 states that these voters elect the members of the Assembly of the Representatives of the People via principles of universal, free, direct, and secret suffrage. (Constitute Project, “Tunisia’s Constitution of 2014” ).