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Union of Tunisian Workers (UGTT), Tunisian League for the Defense of Human Rights (LTDH), Syndicate of Tunisian Journalists (SNJT), Tunisian National Lawyers Order (ONAT), Tunisian Association of Democratic Women (ATFD), and several human rights organizations, a Tunisian pact on Rights and Liberties was declared on Wednesday, July 25, 2012. We hope that this text would be an expression of the aspirations of our People who revoluted against dictator ship and sought to ensure the establishment of a democratic and free nation. Signing this document is an expression of commitment to support the advocating efforts to constitutionalize these rights and liberties, to defend them against all forms of abuse, protect them and disseminate them.
All these rights and liberties remain at risk, if they are not converted into a common mean that would serve as a basis for a social contract and co-existence. This Pact, We wanted it to be a creative synthesis between what has been achieved at the universal level in the field of human rights and liberties, and the ancient civil traditions of the People of Tunisia and their cultural, religious, constitutional, legal and human rights achievements; this People that, for generations, have dreamed of a society of freedom, tolerance and equality. This Pact, We wanted it to be a confirmation that the protection of the rights and liberties proclaimed in it, represent a common space on which we could build our citizenship and our belonging to the people of the world who believe in freedom. It is also a confirmation that the promotion of the rights and liberties is a national decision for us and for the generations to come. We believe that it is an approach to build a new democratic society. This Pact, We wanted it to be a process that would protect proclaimed liberties and rights and to put an end to the darkness of tyranny, once and for all. We, the Parties to this Pact, by signing it, are committed to the following: 1. To be a reference of the shared values that bring us together and unite us, on the basis
of the principles for our constitutional, legal, economic, social, and cultural reforms and creative tools which we would be able to develop our practices and behaviours through which we would be able to liberate our cultural and educational discourses. 2. To make human rights and liberties a shared social responsibility that will be used to
combat the abuse of human dignity, authoritarianism, corruption, monopoly of decision, violence, marginalization and impoverishment. 3. To work in solidarity to protect the rights of every citizen, woman and man, without
any discrimination and to establish a civil dynamism that guarantees equal dignity for all Tunisians, women and men alike.
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We, Women and Men of Tunisia, Agree on these rights and liberties And we are working on protecting and spreading the principles of the present Pact.
- Human rights represent a collectively shared responsibility through which the family, official institutions, political groups, civil society organizations, private sector and individuals shall work on guaranteeing them freely, far from fear and poverty. Furthermore, representing human rights would help in building social peace and understanding, achieving social justice and establishing a participatory democratic system. - Respecting human rights and the promotion of the rights of all citizens, women and men, regardless of their ethnic origin, colour, origin and social affiliations, opinions, ideas, beliefs and choices, with the emphasis on the rights of women and children, the elderly, the youth, persons with disabilities, the poor, the marginalized people in the past, present and future who should benefit from special care. - Human rights are interrelated and comprehensive, and neither indivisible nor irreversible; they shall not be singled out; they shall be on the basis of a political system and the ultimate goal of development programs and economic, social, cultural, and international cooperation policies, - The ultimate goal of human rights is to protect individual liberties, guarantee full citizenship and ensure that everyone lives in the community without exclusion or marginalization. - Believing in all these principles, we pledge to protect those rights and the dissemination of their principles,
This right includes the following: - The right to liberty: No person shall be detained, arrested, kept in custody, be subject to arbitrary detention or exile; or deprived of his or her liberty except for reasons provided for by the law and in accordance with the relative established procedures in respect for her or his rights. - The right to safety: The safety of every person includes that of himself or herself, religion, honour, property and homeland. - The right to respect the moral, physical, and sexual integrity of citizens, women or men, and to be protected from all forms of violence against them. - The right to legal and judicial protection without discrimination on the basis of ethnic origin, sex, religion, the circumstances of birth or upbringing, language, colour, intellectual or political affiliation, class, social or legal status, or disability. - The right to a fair trial: No punishment without law, every person is presumed innocent until proved guilty according to law. This shall be provided with all the legal guarantees for a defence in front of an independent judiciary. - The right to maintain private affairs related to the home, family, finance, communication, and to the protection of personal data. No one shall spy, control or abuse the reputation of any citizen. - The right of inviolability of the home, in any case, and no one shall have the right to enter illegally to the home, demolish it, confiscate it, or evict it. - The right of refugees, immigrants and foreigners to protection, safety and enjoyment of human rights without discrimination.
discrimination in the performance of citizens, women or men, while performing their duties, this means the following: - The right to protection from all forms of discrimination, exclusion, marginalization, rejection, restriction or stigmatization based on sex, colour, race, religion, the circumstances of birth or upbringing, language, political or ideological affiliations, class, social or legal status. - The right to protect women from violence in all spaces including sexual harassment in the places of work and study. - All forms of discrimination against women are not permitted, and the principle of equality should be applicable in all political, economic, social and cultural fields as well as. It shall be embodied in the personal status code. The law prohibits discrimination in all its forms and its sources whether it is originating from public authorities, official or unofficial bodies, groups or individuals.
- The right to a decent life which guarantees a decent home, a balanced diet, clothing and medical care. - The right to join labour unions including the right to strike. - The right to health and social security. - The right to enjoy rights specific to women such as reproductive rights and the rights specific to parents resulting from of childrens parenting and upbringing. - The right to a fair taxation.
- The right to litigate at the violation of environmental rights being an infringement on human security.
Article 9: Guarantees
This Pact emphasizes the protection of rights and freedoms proclaimed, guarantees their enjoyment by all citizens, women and men, without discrimination. This requires the following: 1. Considering the international reference of human rights, which was drafted jointly and accepted by the people of the world, this would guarantee the protection of the human self and the realization of human dignity. 2. Confirming the superiority of the ratified international human rights conventions over national legislations. 3. The State shall take all measures in order to interpret all the chapters on human rights, public and private liberties embedded in the Constitution, which must be based on both the Universal Declaration of Human Rights, and the relative international conventions ratified by the Tunisian State. 4. Establishing constitutional institutions to ensure and protect human rights. 5. Enabling civil society organizations and citizens, women and men alike, to enjoy the right to litigate in protection of their rights. 6. Guaranteeing the protection of human rights defenders, women and men alike, and their right to access information, criticize and propose policies. 7. Considering the best interest of children and to consider it as a priority that must be evoked. 8. The State shall take measures and policies necessary to ensure the enjoyment of the right to human development including providing jobs for those with disabilities and the creation of a public fund that would preserve the dignity of the unemployed, the disabled, the poor and the marginalized. 9. All legal and institutional measures and other means taken on a temporary basis to strengthen and protect the rights of women, children and the youth, the elderly, refugees, the disabled and the marginalized shall not be considered as discriminatory actions. This guarantees the genuine achievement of equality and the full integration of all in the society without exclusion or marginalization.