E/C.12/DZA/CO/4
improve the conditions of work and social protection of employees in the health and
education sectors.
11. The Committee is concerned that the State party systematically restricts the activities
and actions undertaken by autonomous public sector trade unions, through administrative,
police and judicial interference. The Committee is also concerned that workers are required
to obtain Government authorization to strike and form a trade union, and that autonomous
trade unions are excluded from negotiation processes and social dialogue (art. 8).
The Committee recommends that the State party take immediate measures to
guarantee the effective and independent functioning of autonomous public sector trade
unions, and ensure that the right of everyone to form trade unions and the right of
trade unions to establish national federations or confederations is facilitated and
respected in practice.
12. The Committee is concerned that, in order to be eligible for unemployment benefit, an
employee must, inter alia, have been affiliated with the social security system for a
cumulative period of at least three years, and have been a regular employee of the
organization concerned before being made redundant (art. 9).
The Committee recommends that the State party extend the eligibility criteria for
access to unemployment benefits to include all unemployed persons and ensure that all
persons whose applications have been approved promptly receive benefits.
13. The Committee is concerned that the access of families of disappeared persons to
social security benefits, including pension and child education benefits, is made conditional
upon the family obtaining a court declaration that the disappeared relative has died (art. 9).
The Committee recommends that the State party take measures to ensure that families
of disappeared persons have unconditional access to social security, in particular
pension and survivor benefits and child benefits. It draws the attention of the State
party to its general comment No. 19 on the right to social security, which refers to the
core obligation of a State party to ensure the right of access to social security systems
or schemes on a non-discriminatory basis, especially for disadvantaged and
marginalized individuals and groups.
14. The Committee is concerned that, despite the amendments to the Family Code in
2005, polygamy is still allowed, that the legal requirement of the institution of the marital
guardian is not abolished and that article 30 of the Family Code continues to prohibit
marriages of Muslim women to non-Muslims (arts. 10, 3 and 2, para. 2).
The Committee recommends that the State party further revise the Family Code to
ensure that polygamy is outlawed, that the legal requirement of the institution of the
marital guardian is abolished and that a marriage concluded between a Muslim
woman and a non-Muslim man is fully recognized by law without exception.
15. The Committee is concerned that violence against women, including spousal abuse,
continues to be a widespread problem in the State party. The Committee is also concerned
that domestic legislation does not contain specific provisions prohibiting and criminalizing
domestic violence, including marital rape, and that corporal punishment of children within
the family and alternative care settings is not prohibited (art. 10).
The Committee recommends that the State party amend legislation, including the
Penal Code, to prohibit and criminalize domestic violence, including marital rape, and
prohibit corporal punishment of children within the family and alternative care
settings.
16. The Committee is concerned about the absence of targeted measures of rehabilitation
for victims of sexual violence, especially that perpetrated by armed groups (art. 10).
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