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Amnesty International launched its “Stop Making Excuses for Sexual Violence” campaign on March 8, International Women’s Day. Focusing on the Maghreb, it urges states to amend contentious legislation in order to strengthen sexual and reproductive rights.
Article 45 of Tunisia’s new constitution declares that the state “commits to protecting women’s attained rights and seeks to support and develop them.”
However, activists consider certain remnants of pre-revolution era laws to be particularly harmful to women’s rights. For instance, controversial law 227 bis from the Tunisian Penal Code allows rapists to avoid punishment by marrying victims who are 18 years old or younger.
This law not only allow rapists to go unpunished, critics say, but also rewards them for their crimes. The victim is made to suffer twice, according to Lotfi Azzouz, director of the Tunisian Section at Amnesty International.
“First, the woman is raped. Then, she has to live with her rapist who becomes her husband,” he told Tunisia Live.
Given that the law is seen as both failing to protect women and denying them access to justice, Amnesty International and other Tunisian organizations called for its removal.
Sexual and reproductive rights need to be strengthened in the post-revolutionary period, Azzouz said.
“Respecting women’s rights would prevent the country from backtracking,” he added. “Transition requires legislative and structural reforms.”
““Having lost her virginity, the woman is considered an outcast, so parents often agree to marry [her] off.”
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The victim usually has no choice but to marry her rapist, Sonya Ben Yahmed, coordinator at the Tunisian Association of Democratic Women (French: ATFD), told Tunisia Live. “Having lost her virginity, the woman is considered an outcast, so parents often agree to marry [her] off.”
“Tunisia is a patriarchal society,” she added. “This law was able to survive the political transition because its removal would require deeper changes in society.”
Parts of Tunisian society stigmatize rape victims, according to Ben Yahmed. As a result, they often lack psychological and social support after an assault.
Citing TADW’s slogan, Ben Yahmed said, “Shame has to change sides.” In other words, perpetrators of rape should bear the shame, not their victims.
Initial feedback from Amnesty International’s work in rural areas underlines the need to change societal views on sexual and reproductive rights in Tunisia.
“Some agree there are changes to make,” said Azzouz. “Others consider sexual and reproductive rights not to be a priority in post-revolutionary Tunisian society.”
Thus far, the government has yet to amend the legislation. On January 22, 2014, Morocco’s parliament abolished its law authorizing rapists to marry their victims. That decision may bring hope to activists fighting for similar change in Tunisia.