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2018-03-28

DCAF organizes a study day on the issue of legitimate restrictions on rights and freedoms (Article 49 of the Tunisian Constitution)

DCAF organizes a study day on the issue of legitimate restrictions on rights and freedoms (Article 49 of the Tunisian Constitution)

Tunis, March 28th, 2018: DCAF organized, in collaboration with the Ministry of Justice and International IDEA, a study day on "the legal and practical consequences of Article 49 of the Tunisian Constitution for good governance of the security sector”, which brought together representatives of the Ministries of Justice, Interior and the Assembly of People's Representatives (ARP), as well as national and Belgian experts.

 

 This day allowed participants to:


-        stress that the application of Article 49 concerns all the institutions of the State (legislative, executive and judicial) and who must respect the principle of proportionality as part of their missions / prerogatives


-        discuss the respective and decisive role of the legislative, executive and jurisdictional authorities, especially the Constitutional Court, in the implementation of Article 49 and the interactions resulting from that;


-        identify the challenges and priorities in this regard; in particular the need to define a clear legal framework governing the legitimate restrictions of freedoms and to organize awareness raising campaigns for government actors, civil society and citizens.

 


This event is part of a joint project with International IDEA on the application of Article 49 of the Tunisian Constitution, which defines the conditions under which public authorities are allowed to restrict the rights and freedoms recognized by the Constitution.

 

This project is in line with DCAF's strategic objective of "ensuring the establishment of an adequate legal and political framework in line with international best practice and adapted to the local context" in Tunisia.

 

It is funded by the DCAF Trust Fund for North Africa (TFNA). The fund's funding comes from Germany, Belgium, Luxembourg, the Netherlands, Slovakia, Sweden and Switzerland. More information on DCAF is available on the DCAF website or on the DCAF website in Tunisia.


Related publications :


2012
Tunisia’s Security Sector Legislation: Index 1956-2011

Tunisia’s Security Sector Legislation: Index 1956-2011

2015
Security Sector Governance in the Tunisian Constitution of 27 January 2014

Security Sector Governance in the Tunisian Constitution of 27 January 2014

2015
The Justice Sector: Roles and responsibilities in good security sector governance

The Justice Sector: Roles and responsibilities in good security sector governance