To access the report: Adultery in the Balance of Law and Society Between Criminalization and Discrimination
In the context of the project of “Feminists For All Future Rights and Freedoms”, Intersection Association for Rights and Freedoms has launched a position paper entitled “Adultery in the Context of Law and Society: Between Criminalization and Discrimination”.
The position paper relied on previous research and Tunisian legislations, in order to shed light on the legal and social challenges faced by women, particularly in Arab countries.
It seeks to examine the gender discrimination perpetuated by adultery laws in many countries, particularly in the Arab world, emphasizing the disparity in the penalties imposed on men and women under adultery laws, reflecting a stark double standard in legal principles and the adoption of patriarchal concepts that place a greater moral and social burden on women compared to men.
The paper examines the reality of the Tunisian legislation, emphasizing on Article 262 of the Penal Code which represents a flagrant violation of human rights in general and women’s rights in particular. In fact, women face a double burden, not only reflected in the legal penalty, but also in the social judgment imposed by society.
The position paper affirms that adultery laws not only violate the individual’s right to privacy, but also reinforce gender stereotypes against women, depriving them from their dignity and their freedom of personal choice.
It concludes by stating a series of recommendations:
– The commitment to international agreements and treaties: Respecting the agreements and obligations Tunisia has ratified at the international level, while emphasizing their binding nature once ratified, to ensure the protection of human rights and promote gender equality.
– A comprehensive review of Tunisian laws to ensure their alignment with the principles of equality and justice, avoiding any complicity with patriarchal mindsets that hinder the advancement of women’s rights and promote exclusion.
– Ensuring the effective implementation of Law No. 58 of 2017, dated August 11, 2017, to protect women from all forms of violence, and striving to make the protection granted under this law tangible rather than just a slogan.
– Abolishing Article 236 of the Penal Code as it is a legislative tool that reinforces discrimination and acts as an obstacle to achieving full gender equality.
– Decriminalizing adultery and classifying it as a civil offense rather than a criminal one, given that such criminalization violates human rights in general, more specifically women’s rights.
To access the report: Adultery in the Balance of Law and Society Between Criminalization and Discrimination