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Woman adult date in algeria
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These cover individual, civil and political rights, as well as rights of a collective nature, whether economic, social or cultural. They are based on four broad categories of complementary mechanisms. Political mechanisms These involve the Parliament, which, with its two houses, constitutes the ideal vehicle for giving expression to the concerns of the citizenry. Questions relating to human rights occupy an important place in its debates and are the subject of consideration by standing committees that have been set up for this purpose by both houses. The authorities regard political Woman adult date in algeria as an essential part of the mechanism for promoting human rights.
The order of Woman adult date in algeria March on political parties requires that their statutes and programmes must give express recognition to the objective of guaranteeing individual rights and fundamental freedoms. Article 3 of the order provides that "political parties must in all their activities conform to the following principles and objectives: Legal mechanisms The Algerian state has instituted legal mechanisms to guarantee the rights of citizens and to ensure judicial autonomy. To this end, Algeria's judiciary is organized in the following manner: The Constitution also provides, in articlefor a Council of State to oversee the work of the administrative jurisdictions, and a dispute settlement tribunal to resolve conflicts of jurisdiction between the Supreme Court and the Council of State.
The Council of State was inaugurated on 17 June It has 34 members, of whom 16 are women. Freedom of the press The right to information and freedom of the press are regarded by law as an essential mechanism for the monitoring and protection of individual rights. In this respect, the remarkable flourishing of the press in Algeria has proven an effective lever in the collective protection of human rights. There are currently 25 daily newspapers, of which eight belong to the public sector and seventeen are published privately or by political parties. Their total daily circulation averages 1 million copies.
In addition, there are 43 weekly publications, with a total circulation of 1. Finally, there are 20 other periodicals, published on a monthly or bimonthly basis, with a total circulation of someper month. Readership is estimated at 9 million per week. Organizations of civil society and trade unions Organizations of civil society have expanded rapidly since Nationwide, there are currently more than 50, such organizations active in various areas of national life. The Constitution gives prominence to the freedom of association in the defence of human rights. Article 32 guarantees the individual or collective defence of these rights, and article 41 determines their scope: The freedom of association makes itself felt, naturally, in the political sphere, but it also finds expression in actions to protect the rights of certain categories of people, including women, children, the sick, the disabled, consumers, and users of public services.
The most active organizations, however, are those engaged in the area of cultural rights and identity. The authorities encourage organizations of civil society through the provision of various grants and facilities.
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Most organizations today have statutes, structures and activities that allow them to take part in international cooperative networks. Organizations engaged in promoting women's rights, education and literacy campaigns have been particularly active. The incidences of contract disputes, arbitration procedures and labour activism recorded each year since that date are ample evidence of the vitality of mechanisms for promoting the material and moral rights of workers of different categories and occupations. In this respect, when collective bargaining breaks down, there is a legal right to strike which, provided it is exercised in a legal manner, is protected by the Constitution.
This right is extensively exercised, and applies to all sectors, including the public service and government offices. Since the number of strikes has been declining: This trend has been accompanied by a decline in the number of strikers Given the difficulty of reconciling the responsibility for governing with that of defending human rights, Algeria decided, consistent with United Nations recommendations and the example of other countries that have set up national institutions of this kind, to create a National Human Rights Monitoring Agency Observatoire National des Droits de l'Homme, ONDHby Presidential Decree No.
ONDH is a public non-governmental institution, with equal numbers of elected and appointed members, reporting to the President of the Republic, and enjoying administrative and financial autonomy. Its task is to monitor and evaluate respect for human rights, and to advise the authorities on issues concerning those rights. Although ONDH is only an advisory body, its mandate is very broad. It is entrusted with the tasks of promoting human rights, consistent with the principles of the Universal Declaration; monitoring and evaluating the enforcement of the human rights provisions in international conventions ratified by Algeria, and the provisions of the country's Constitution, laws and regulations; taking all appropriate action when it discovers or is made aware of human rights violations, and preparing an annual report on the situation of human rights in Algeria, for submission to the President of the Republic.
ONDH conducts awareness campaigns to publicize the human rights embodied in national legislation and international legal instruments. It publishes a quarterly human rights review, a press review, and an internal information bulletin on its activities. In practice, despite the fact that ONDH was originally conceived as an "adviser to the authorities" on human rights issues, it has increasingly taken on the role of a mediator between the authorities and private parties, in an effort to avoid routine resort to judicial action in the case of disputes.
The second mechanism that the authorities have established for protecting individual rights is the Office of the National Mediator, whose role is to "contribute to the protection of the rights and freedoms of citizens and to the proper functioning of public institutions and administrations", and which has representatives both men and women in all the departments. Resort to this office, created in March decree No. It is empowered in such cases to "make to the relevant authorities any recommendation or proposal for improving or rectifying the functioning of the agency in question".
That agency must thereupon "respond fully to the questions raised". If a satisfactory response is not received, the Mediator may bring the matter to the attention of the President Woman adult date in algeria the Republic. Accordingly, the Constitutional Council, in a decision of 20 Augustconfirmed the constitutional principle whereby international treaties ratified by Algeria prevail over domestic law. That decision states that, once it has been ratified and published, any convention becomes part of domestic law, and acquires, pursuant to article of the Constitution, an authority that supersedes that of the law, and that may be asserted by any Algerian citizen against domestic jurisdictions.
Individuals may thus turn to the safeguard mechanisms established by the Human Rights Committee or by the Committee against Torture, once available domestic remedies have been exhausted. The Algerian authorities, the National Human Rights Monitoring Agency, associations and the mass media are well aware of these possibilities of recourse to international monitoring mechanisms. Algerian citizens and their legal counsels appear to be satisfied with the many existing domestic means of recourse the courts, ONDH, the Office of the National Mediator, organizations of civil society. Information and publicity Algeria's ratification of the international human rights instruments was widely publicized through the national media at the time they were submitted for examination and adoption by the National Assembly.
All of the texts so ratified have been published in the Official Gazette of the Algerian Republic. In addition to the conferences and seminars that are regularly held on this theme, the annual celebration of "Human Rights Day" provides an opportunity to raise public awareness of the various international instruments on human rights. Similarly, 8 March is a regular occasion for reaffirming the place and role of women in Algerian society. The "Public Freedoms" module that used to be taught in the country's law faculties has been reintroduced in the universities with an updated content that takes full account of international developments and the country's accession to additional instruments.
Some universities Oran, Tizi Ouzou and Annaba, for example have already established specific modules. Human rights are also taught to students of the National Magistrates' College. This structure, inaugurated in Decemberis entrusted with organizing and promoting an integrated system of research, training, information and documentation on human rights. It is preparing to establish a professorship in "human rights". Seminars on human rights and humanitarian law are held regularly, and the proceedings of such seminars are published. The National Human Rights Monitoring Agency, for its part, is active in publicizing the human rights principles contained in national legislation and in the international instruments to which Algeria has acceded, most notably through its published reviews, and through its hosting and sponsorship of seminars, exhibitions and workshops in cooperation with the voluntary associations.
The status of women in Algeria 5. As in all the societies that make up the Arab-Muslim world, the legal status of women in Algeria presents a dichotomy. Thus, the constitutional principle of the equality of the sexes is scrupulously respected when it comes to civil and political rights: With respect to their personal status, they are governed by the Family Code, which is based in part on the Shariah. In civil law, as in criminal law, there is no legal basis for discriminating between women and men in Algeria. Women have full legal capacity, just as do men. They have the right to acquire, administer, use and dispose of any property and the right to sign contracts and engage in business transactions.
They retain these rights when they marry, and their personal belongings and the fruits of their labour continue to be entirely at their disposal. In criminal law, there is no provision that discriminates against women in comparison with men: In terms of women's personal status, the Family Code, promulgated inreveals the dichotomy noted above. The provisions that are most hotly contested by human rights associations are: The conclusion of marriage for a woman is the responsibility of her legal guardian for matters relating to marriage, who is her father or a close male relative.
The judge acts as guardian in matters relating to marriage for those who have no other. The father may oppose the marriage of a daughter who is "bikr", i. The dowry, a unilateral gift made to the future wife upon signature of the marriage contract, is regarded as a constituent element of marriage by the Family Code article Because this is a widely accepted and religiously motivated practice, women's movements in Algeria have not challenged it in principle, nor do they claim that it discriminates against women, but they do demand that the value of the dowry be set by law at a symbolic level. These apparent contradictions should be neither exaggerated nor underestimated in their practical effect.
They must be regarded in light of another very important element that relates to the place and role of Islamic law among the legal instruments and jurisprudence of Algeria. It may be said that this place and role is not only extremely limited, but that it is steadily diminishing, in light of the sophistication of present-day problems, inter-cultural influences, and the secularizing trends that are under way today in Algerian society. Since Algerian independence, the only juridical instrument that makes reference to the Shariah is the Family Code which, despite its literal adherence to certain provisions of the Shariah, can be seen, both in its form and in certain rulings that have been based on it, as an attempt to restrict the role of Islamic law.
As Algerian society evolves, and as the authorities pursue their efforts towards greater emancipation of women, there is certain to be further progress in this area. For the authorities, overcoming patriarchal practices is a concrete objective, but one that must be approached with caution and perseverance. It would be unwise to issue abrupt edicts imposing legal rules that clash so violently with social norms that they cannot be enforced: The importance of this aspect must not be underestimated. What is required, in effect, is a reinterpretation of the role of religion in society, something that will demand patience and time and that can only be achieved by raising the general cultural level.
That is why the Algerian Government intends to take a gradual approach to introducing elements of gender non-discrimination and equality, while ensuring that there is no backsliding with respect to the personal status of women. The correctness and wisdom of this approach are reflected in the irreversible advances that have already been made, particularly as regards the right to work. Algeria's ratification of the Convention is part of this policy of gradual emancipation. That step aroused strong and conflicting emotions in Algerian society, eliciting opposition both from conservative circles and from those in favour of greater emancipation for women. The Government's stance has been to accede to the Convention with certain reservations which, it should be noted, do not question the essence of the Conventionwith the implicit understanding that accession to this and other similar instruments must be used as an argument in favour of gradual changes in the country's social standards, and that those reservations will be removed as those changes progress.
Accession to the Convention prompted the government to envisage amendments to the Family Code. It is in this spirit that the draft law amending the Family Code was adopted by the Council of Ministers on 24 May The amendments will be submitted for legislative approval during the current term of the legislature.
In the political sphere, the commitment with which Algerian women took part in the struggle for national liberation has naturally led them to participate actively in alferia country's reconstruction efforts. The adullt, for their part, have never adopted any provisions that could be deemed to discriminate aleria women. On the contrary, and despite alteria shifting nature of political events in the country, the general status of women Wooman improved appreciably. On Womna economic front, the constraints brought about by algerua shift to a market economy have had negative repercussions on the living conditions of people in general, but in particular on those of women, as a result of a number Woman adult date in algeria factors that dats be discussed in Part Two of this report.
Women's rights and recognition of aduult role in the country's economic and Wman life, were enshrined in various pieces algefia Algerian legislation long before Algeria acceded to the Convention. It is clear, however, that that accession, recent as it is, has served and will serve aleria inspire the authorities and organizations of civil society to introduce concrete measures to algerix the advancement adulg women. Certain political parties have not always been sincere in their commitment to human rights, which they have sometimes proclaimed for purely partisan considerations of qdult moment. One of these parties, Wojan Front Islamique du Salut Islamic Salvation Front FSI Womqn, which is now dissolved, while cloaking its demands with statements derived algerix international human rights Woman adult date in algeria, has "authorized" and allowed systematic attacks on the most fundamental of those rights, the right to life and the right to freedom of conscience.
It has set up armed militias and morals police, and has placed itself beyond the law. Even today but fortunately, less and lessterrorist gangs of followers or former fighters of the dissolved FSI can find individuals or groups abroad - or even States - who will try to lend algegia political coloration to their activities, when in fact these activities are purely and simply criminal. Obligations of States parties The rights of adultt in Algeria are assured, first, by the provisions of alberia Constitution that guarantee the equality of all citizens. As stated in its preamble, dage Constitution occupies a position of paramountcy and is the fundamental law that guarantees individual and collective rights and freedoms.
It provides for legal protection and control over the acts of the authorities, in a society in which the rule of law prevails and the human person is free to develop in all its dimensions. The Constitution addresses several provisions to fundamental rights and freedoms: Article 34 guarantees the inviolability of the human person and prohibits all forms of physical or moral violence. This provision is complemented by article 35, which condemns the violation of human rights and freedoms and physical or moral attacks on the integrity of the human person. Article states that justice is founded on the principles of legality and equality.
It is equal for all, accessible to all, and is expressed by respect for the law. Starting from these constitutional principles, Algerian law ensures that in no area of life is any distinction made between men and women, who enjoy complete equality in their rights and duties. With respect to the adoption of legislation prohibiting all forms of discrimination against women, the principle of equality between the sexes is in itself sufficient, since any law that is not consistent with that principle will be annulled by the Constitutional Council. Appropriate measures Upon attaining independence, Algeria immediately took steps to ensure access for women to education and to vocational training, on a basis of equality with men, so that they might equip themselves with the skills needed to facilitate their entry into the labour force.
Provisions have been added to legislation and regulations to promote equality of treatment among all citizens, without distinction as to sex. Equality is also guaranteed by law in the areas of access to work, to wages and promotion, as will be illustrated below with statistics. These measures have resulted in appreciable advances by women in many areas of activity. Specifically with regard to measures taken by the public authorities, as part of the overall policy on women, the authorities have since entry into force of the Convention: In its preamble, that decree provides expressly that creation of such a Council is pursuant to Algeria's accession to the Convention on the Elimination of All Forms of Discrimination against Women.
The Council's primary duties are to ensure the implementation of a coherent policy of activities and programmes on behalf of women and to assist in defining a comprehensive and consistent strategy for ensuring that women's needs and aspirations are attended to. The Council's statutes call for it to be chaired by a woman. It is composed of representatives of all ministerial departments, five representatives of state advisory institutions and bodies, five representatives of the trade unions and employers' associations, twenty representatives of civil-society organizations active in the area of women's advancement, and four individuals selected to serve in a personal capacity; b Established pursuant to Executive Decree No.
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