Working Towards a New Era in the Protection of Fundamental Rights in Tunisia - Day 2
Channel: International IDEA
Date: 2021-05-31

International IDEA has been supporting the application of Article 49 of the Tunisian Constitution (which is the Arab region’s first “limitations clause”) since it was first adopted in 2014. 

Article 49 introduces an approach for limiting rights that is in line with international standards. This is a radical departure and improvement in comparison to what existed in Tunisia in the past, and to what exists in all other Arab countries. This presents a number of opportunities, mainly because it will allow Tunisians to finally hold the state accountable for abuse of authority, bringing Tunisia in line with modern democratic processes. This clause also presents some challenges. The provision introduces a number of concepts, among which the principle of proportionality, that require appropriation and a new reading from Tunisian law and legal practitioners. In that sense, it is vital that Tunisian lawmakers, advocates, jurists and judges accustom themselves to the Constitution’s provisions to ensure that it can meet its fullest potential.

In 2019, International IDEA launched a two-year project on Article 49 of the Tunisian constitution with funding from the German Federal Foreign Office.  That project is now approaching its end, and International IDEA is preparing to organise a final conference to reflect on the current state of affairs, on the project’s achievements and the challenges and opportunities that the coming period presents.   

The conference is expected to bring together high-level government officials as well as partner organizations and other actors that have been active in the implementation of the Project.  Prominent practitioners and academics working to support the implementation of article 49 and proportionality will be engaged in the panels and discussions.