Country Analysis: Tunisia

Constitution
Chapter 6 of the Tunisian Constitution states:
”All citizens have the same rights and the same duties. They are equal before the law.”

Chapter 32 of the Tunisian Constitution amended in May 26, 2002 states: "legally ratified treaties are stronger than laws as long as they are implemented by the other party."

Nationality Law
The Tunisian law confirms that only men are provided with the right to pass on their nationality. The Tunisian personal status laws and the nationality laws say:

1. The man is the head of the family.
2. Children acquire the nationality of their father, who should approve on granting his nationality to his wife.  

Tunisian women can transfer their nationality in the following cases:

1. If the child’s father is unknown. (The Lebanese law says the same)
2. If the Tunisian women, who is married to a foreigner, gave birth on Tunisian grounds.

Commitment and reservation to the Treaties
According to the law 41/67 issued on November 21, 1967, the Tunisian government ratified the treaty of married women's nationality, the treaty of women's political rights, and the treaty of women's right of choice and minimum age in marriage. 

This ratification is considered an approval of the principle of equity between the two sexes. It is also considered the mean to achieve and secure women's rights.

Most importantly, the ratification made the treaty mandatory and legal, privileging the treaties over existing Tunisian laws.

The Tunisian government ratified the international CEDAW with some reservations. Tunisia regarded many of CEDAW's declarations in contravention to the country's laws, especially those related to the transfer of nationality. Consequently, Tunisia had reservations to Chapter 9 of the children's nationality treaty as well as to Chapter 16, which deal with custody and inheritance. Tunisia argued that these reservations protected the traditional paternal authority and agreed with the personal status laws and the Islamic Jurisprudence.

Personal Story
Tunisia recently modified its nationality legislation allowing Tunisian women married to non-nationals to pass on their nationality to their children provided that they are born in Tunisia, and in the case of illegal children.