The Role of Civil Society in Advancing Gender and Sexual Rights in Tunisia 
CTDC Policy Brief No. 7 – January 2018

This policy brief examines the legal, political, and social landscape shaping LGBTQI rights in Tunisia, and outlines how civil society organisations can play a central role in advocating for gender and sexual freedoms. Despite constitutional reforms following the 2011 revolution, discriminatory penal codes continue to criminalise same-sex relations and non-normative gender expression, enabling systematic state-led persecution.

🔍 Key Issues Identified

• Articles 230, 231, 227, and 228 of the Tunisian Penal Code criminalise homosexuality, gender non-conformity, and “offences against public morality.”

• These laws violate Tunisia’s 2014 Constitution and its international human rights obligations, particularly the right to privacy and freedom from torture.

• Repressive practices—such as forced anal testing and harassment of LGBTQI people—continue despite civil society resistance.

• Civil society organisations, including Mawjoudin, Damj, and Chouf, have mobilised national and international advocacy, especially during Tunisia’s Universal Periodic Review (UPR).

🛠️ Strategic Recommendations

1. Legal Advocacy and Reform

   • Push for the repeal of discriminatory penal code articles and align national law with the 2014 Constitution and international treaties.

   • Leverage the Constitutional Court to challenge anti-LGBTQI laws.

2. Coalition Building and Neutral Lobbying

   • Form cross-sector civil society coalitions to advocate at national, regional, and international levels.

   • Maintain political neutrality to prevent co-optation of LGBTQI rights by political parties, especially ahead of elections.

3. Cultural Transformation and Media Engagement

   • Collaborate with artists, filmmakers, and creatives to challenge restrictive norms and promote sex-positive, inclusive narratives.

   • Submit audiovisual reports to HAICA documenting media-incited violence and discrimination.

4. Public Education and Documentation

   • Support cultural shifts through community-led education and public campaigns.

   • Investigate and document cases of discrimination to bolster human rights accountability and public awareness.

This brief underscores that changing the law is not enough. A transformative approach must also confront cultural taboos, engage diverse social actors, and empower civil society to uphold the principles of dignity, privacy, and bodily autonomy for all.

👉 To read the full policy brief, click here.