Tunisians mark Women's Day commemorating 70 years of Personal Status Code, but challenges persist

Tunisian women on Thursday are marking National Women’s Day, which commemorates the promulgation of the 1956 Code of Personal Status, often heralded as a milestone in women’s rights and family law in the Middle East and North Africa region.

Marked annually on 13 August and now celebrating 70 years since the code's introduction, National Women’s Day in Tunisia is one of the most significant women’s awareness days in the region.

Across the country, women’s rights groups marked the occasion by celebrating Tunisian women’s achievements, but also highlighted the struggles and challenges they still face.

What is the 1956 Code of Personal Status, and what does it entail?

Introduced by then-Prime Minister and later president, Habib Bourguiba, in the same year Tunisia gained its independence from France, the Code of Personal Status sets out several laws aimed at creating equality between men and women in Tunisian society. It was formally adopted on 1 January, 1957.

Drafted by a group of about fifteen legal experts — the majority of whom were Arabic speakers — it was adopted in the immediate wake of independence, even before the constitution was written.

The code introduced the banning of polygamy, set out laws which require the consent of both spouses for marriage, and established a minimum age of marriage.

It also introduced judicial divorce rather than allowing a husband to unilaterally end the marriage, the women’s right to compensation following divorce, as well as the principle of equality between men and women regarding citizenship, and the abolishment of the wife's obligation of obedience to her husband.

The Personal Status Code has undergone significant amendments, notably the amendment of 12 July 1993, which repealed and replaced certain provisions regarding the dowry, divorce, alimony, child custody, the wife's contribution to family expenses, and the granting of guardianship rights over minor children to the mother in the event of the father's death.

The amendment also gave the right for wives the right to transfer their nationality to their children to the same extent as husbands, even if they were married to a foreigner.

At the time, the Code of Personal Status was considered more progressive for women’s rights compared to its coloniser, France.

Today, Tunisian women make up 70% of all university graduates in the country, and 62% of those are awarded doctoral degrees.

In the workplace, Tunisian women account for between 26 and 30%, while around 16% of women occupy seats in the legislature. This number has been in decline in recent years, but Tunisia has boasted several high-profile female politicians in the region, notably Najla Bouden, who became the first female Prime Minister in the Arab world during her 2021-2023 tenure.

Used for political agendas

​Despite such progress, several rights groups have over the decades accused the country's governments of using women's rights as a means for political gain, or for pushing certain agendas.

Under Bourguiba's rule, the first-ever Tunisian president imposed restrictions on 'Islamic' clothing, as part of a push to modernise the country. The hijab was outlawed in 1981 in official state spaces, public administration and educational institutions. The sefsari, a traditional white veil worn by some Tunisian women, was also discouraged.

He even went on to ridicule the hijab and niqab, calling them "miserable rags" that Tunisian women shouldn't wear.

Former president Zine El Abidine Ben Ali, who was deposed in 2011,  had pushed for the furthering of women's rights in the country but violently repressed critics and cracked down on human rights at the same time.

Challenges persist

Despite progress, Tunisian women today are faced with numerous challenges in the ever-changing landscape of the country, currently under Kais Saied’s increasingly authoritarian leadership, as well as economic hardship exacerbated by inflation, debt, and climate change.

These issued have been highlighted by civil society group Mousawat, which pointed to the continued deterioration in women's living conditions, driven by high rates of unemployment and poverty, the rising cost of living, and the decline of public services, including power and water outages, medicine shortages and price hikes, and environmental issues.

It also pointed to the escalation of violence against women, evidenced by rising homicide rates and the increasing number of female agricultural workers falling victim to transport-related accidents.

The NGO stressed that women in Tunisia are increasingly being used as scapegoats under Saied, which they said "attempts to offload the responsibility for its own incompetence and failure".

Representation for women in politics has declined since Saied assumed the presidency. Mousawat said since coming to power, Saied "has made no secret of his hostility toward the principle of equality".

As they marked National Women's Day, other Tunisian rights groups have issued statements rejecting attempts by politicians to amend the Code of Personal Status, which they say seek to "undermine the gains achieved by women" in Tunisian society.