A/HRC/40/58/Add.1 following the Revolution, reforms to advance women’s rights and promote gender equality continue. Tunisia withdrew all the reservations that it entered to CEDAW in 1985; the government rescinded the ban on donning the headscarf in public buildings, marital rape was criminalized, protections for rapists that marry their victims were withdrawn, and the ban on inter-faith marriage for women was lifted. The government is also proposing to end genderbased discrimination in inheritance. 85. The Government must address a number of national laws and practices in order to better promote its international and constitutional commitments. These include laws that criminalise consensual same-sex relations and contribute to hostility and violence against members of the LGBT community. They involve the potential for sharia principles that discriminate against women to be applied as interpretive tools, especially in custody cases, where a husband may be deemed to be the head of the family to undermine equality provisions of the personal status code. In addition, vaguely worded counter-terrorism laws which appear to target Muslims for the peaceful expression of their beliefs as in the case of forms of dress and appearance, must be reconsidered. Lastly, efforts to address intolerant societal attitudes that ostracise converts or encourage hostility towards single motherhood should be undertaken. 86. The absence of an Organic Law that details the protections of freedom of religion or belief, also raises questions about the exact scope of protections offered by the law. These concerns are aired often in the context of the application of secular laws to restrict rights related to freedom of religion or belief. Public decency and morality laws, for example, have been applied to penalise the non-observance by Muslims of practices related to fasting in the month of Ramadan, and to prosecute speech offensive to religious sensibilities. 87. The government has failed to grant the Baha’i community the requisite rights, including the ability to acquire legal personality to manifest their rights to freedom of religion or belief. The government’s position is that the legal framework does not currently permit the registration of any association with a religious affiliation. 88. While the history of Judaism and Christianity is taught at secondary schools, and children of Jewish and Christian parents are given the right to opt-out from compulsory instruction in Islam, there is a presumption that those children who did not fall into these two categories were Muslim. 89. The Special Rapporteur would like to make the following recommendations: (a) Continue the positive trajectory towards consolidating democracy through legal reforms currently underway that strengthen the country’s legal framework, in addition to taking steps that foster the establishment and development of transparent, accountable and responsive institutions, as mandated by the 2014 Constitution. (b) Formulate an Organic Law that effectuates commitments undertaken under international human rights treaties ratified by Tunisia to promote and protect freedom of religion or belief for all persons; regardless of religion, ethnicity, nationality, race, gender or sexual orientation. (c) Ensure that the Truth and Dignity Commission is granted ample time and sufficient capacity to effectively facilitate its mandate. This includes its mandate to contribute to addressing impunity in the country by way of exploring grievances identified by the 62,000 petitions filed with the body, including those involving violations of the right to freedom of religion or belief. (d) Implement the recommendations made by the UN Special Rapporteur on countering terrorism by ensuring that the scope of proscribed activities under the law does not include protected forms of speech and conduct, and to ensure that the rights to freedom of expression, peaceful assembly and association are fully protected. (e) Ensure that the Baha’i community is able to secure legal personality to enable them to manifest their faith in accordance with Article 18 of the ICCPR. (f) Ensure that the recommendations made during the UPR to decriminalise consensual same-sex relations are implemented. 16

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