A/HRC/40/58/Add.1 is comprised of first instance courts, courts of appeal and a Court of cassation. Complaints by individuals against public institutions can be heard in a separate three-tier system of administrative courts. Delays in the election of the members of the Supreme Judicial Council has prevented the establishment of the 12-member Constitutional Court, one-third of whose membership are to be nominated by the Council, with the rest by the President and by the Assembly. 26. The Supreme Judicial Council, established by articles 112 to 114 of the Constitution, is an independent body responsible for the effective administration of justice and ensuring the independence of the judiciary. This includes its responsibility of ensuring the Branch’s financial independence by overseeing the preparation of budgets for parliamentary consideration (Article 113). 27. Article six of the Constitution guarantees freedom of religion or belief for everyone. 3 Other Constitutional provisions reinforce this guarantee through a commitment to fundamental human rights, especially those relating to freedom of religion, association and peaceful assembly; those related to guarantees for equality before the law (Article 21); and those provisions that promote the principle of proportionality required for the establishment of limitations of these rights (Article 49). In the absence of a law specific to guaranteeing freedom of religion or belief, it remains to be seen whether the limitations applicable to freedom of religion or belief will comply fully with the exhaustive list of grounds for limitation identified by Article 18 (3) of the ICCPR, rather than the formula provided under Article 19 (3) of the Covenant.4 28. Article 6 of the Constitution also guarantees the ‘neutrality’ of mosques and places of worship from all partisan instrumentalization. The state endeavours to promote the values of moderation and tolerance, the protection of the sacred and the prohibition of all violations thereof. The Government also prohibits and works to combat calls for Takfir and the incitement of violence and hatred. However, while article 6 provides this guarantee of freedom of conscience and its manifestation, it also identifies the State as the guardian of religion, without elaborating on what that entails. Such a provision could be problematic if this provision is interpreted as an obligation upon the State to protect religion per se, rather than individuals. 29. A number of existing laws that precede the adoption of Tunisia’s 2014 constitution will need to be reconciled to further promote Tunisia’s constitutional commitment to a civil state and equality of all citizens. These include the enforcement of public order and public morality laws that enforce restrictions on public consumption of food during the daylight hours of Ramadan, the month during which practising Muslims observe a daily fast; inheritance laws that undermine guarantees of equality before the law for women; and the criminalisation of consensual same-sex relations. Beyond the law, a number of social pressures exist that undermine equal rights, such as in the case of persons who convert from Islam. V. Institutional Context and the Rule of Law 30. Today, Tunisian state affairs are facilitated by an expanding arrangement of institutions whose mandates include human rights—from parliamentary committees, judicial 3 4 6 The Article 6 states: «The state is the guardian of religion. It guarantees freedom of conscience and belief, the free exercise of religious practices and the neutrality of mosques and places of worship from all partisan instrumentalisation. » Article 49 states: “The law shall determine the limitations related to the rights and freedoms that are guaranteed by this Constitution as well as their exercise, on the condition that it does not compromise their essence. These limitations can only be set where necessary in a civil democratic state, with the aim to protect the rights of others or based on the requirements of public order, national defense, public health or public morals. Proportionality between these limitations and their motives must be respected. Judicial authorities shall ensure that rights and freedoms are protected from all violations. No amendment that undermines any human rights acquisitions or freedoms guaranteed in this Constitution is allowed”.