A/HRC/40/58/Add.1 subject to intrusive activities by the police, which could amount to violation of their freedom of conscience, freedom of movement and right to privacy. 59. The OHCHR had monitored a number of prosecutions of journalists and bloggers. The primary concerns identified include penalising undefined conduct such as “adopting an extremist ideology/opinion” and the use of a low threshold to distinguish offensive speech and incitement. Moreover, some judiciary decisions have sought to “balance” freedom of expression and the prevention of terrorism rather than assessing restrictions on expression based on necessity, legitimacy and proportionality. 60. Equality and Non-Discrimination: Non-Muslim communities were not part of the Constituent Assembly that drafted the document. However, there are a number of provisions in Tunisian law that assert a commitment to non-discrimination and equality as a fundamental norm that undergirds the commitment to equal citizenship. Criminal sanctions are provided in the Penal Code against anyone who destroys, razes, damages, disfigures or defiles religious buildings, monuments, emblems or objects used for worshipping 13. The Tunisian Penal Code devotes an entire section to the suppression of all obstacles to the practice of religion and to the protection of religious worship or ceremonies from all forms of interference or disturbance 14 and to punish all threats to practice or refrain from practicing a religion 15 . However, the use of public decency and public order as well as the identification of certain forms of dress or appearance as threats to public safety limit the protections enjoyed by those who dissent from mainstream beliefs and practices. 61. Article 4 of the Tunisian Code of Obligations and Contracts stipulates that religious differences between Muslims and non-Muslims have no bearing on the capacity to enter into legal contract, nor do such religious differences impact obligations between Muslims and non-Muslims. People are not required to declare their faith, and restrictions on worship either alone or in community with others do not appear to be enforced by State actors. 62. The protection of freedom of belief in Tunisia extends to ensuring that religion remains a purely private affair and thus entails discretion. All citizens shall be protected from the discretions and curiosities of authorities. According to this vision, the law of 1 August 1957 regulating the civil registration of citizens makes no reference to religion whether for birth, marriage or death certificates. The law of December 1983 on the general status of public service protects freedom of conscience of public servants upon entry into service and throughout the course of their career, which should not be positively or negatively influenced by religious affiliation. Moreover, Article 292 of the Code of Civil and Commercial Procedure recognizes the sanctity of non-Muslim religious holidays and prohibits all legal enforcement procedures on Saturdays against Jews and on Sundays against the Christians as well as when they celebrate their religious festivals. 63. Nevertheless, there are direct and hidden forms of discrimination based on religion or belief in the country. As stated earlier, the new Constitution explicitly excludes non-Muslims from standing for the office of the president. Those who take up certain public functions or enter certain professions are required to swear on the Quran as part of their induction. While Jewish and Christian students are allowed to opt out of compulsory classes on Islam, no such provision is made for children of parents who did not subscribe to either the Jewish or Christian religions. There is a presumption that any child not declared to be either Jewish or Christian must be Muslim. 64. Moreover, incidents of social hostility in the form of harassment or pressure directed at converts, as well as threats and attacks on atheists were reported. Allegations maintained that harassment is also carried out by law enforcement officials, in violation of national laws. 13 14 15 12 Article 161 of the Penal Code stipulates that: « Anyone who destroys, razes, damages, disfigures or defiles religious buildings, monuments, emblems or objects used for worshipping shall be liable to a one-year prison term and a fine of 120 dinars. » Article 165 of the Code provides that «anyone who impairs or disrupts religious worship or ceremonies shall be punished by six months’ imprisonment and a fine, without prejudice to the more severe penalties which would be incurred in cases of outrage, acts of violence or threats. » Article 166 of the Penal Code provides that «anyone who, without any legal authority over a person, forces that person by violence or threats to practice or refrain from practicing a religion shall be liable to three months’ imprisonment. ».