Country profile TUN
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2012 | 5-14 | 2.365 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-14 | 1.108 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-14 | 1.757 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-14 | 3.02 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2012 | 5-14 | 1.439 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2012 | 5-14 | 2.255 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1992-05-18 | C182 | Law No. 92.52 of May 18, 1992, on Narcotics - Articles 5 and 11 | [{"link_name":"Law No. 92.52 of May 18, 1992, on Narcotics","source_link":"https://legislation-securite.tn/latest-laws/loi-n-92-52-du-18-mai-1992-relative-aux-stupefiants/"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 5: - Anyone who cultivates, harvests, produces, holds, possesses, appropriates, offers, transports, deals in, buys, assigns, delivers, distributes, extracts or manufactures narcotics for trafficking outside the cases permitted by law will be punished by imprisonment for six to ten years and a fine of five thousand to ten thousand dinars. Anyone who smuggles, imports or exports narcotics with the intention of circulation or trafficking outside the cases permitted by law will also be punished by ten to twenty years' imprisonment and a fine of twenty to one hundred thousand dinars. Art. 11: The maximum penalty will be imposed on anyone who commits one of the above-mentioned offences if it is linked to one of the following circumstances: If the offence is committed against a minor who has not reached the age of 18, through the latter's intermediary or at the instigation of his or her ascendants, or a person having authority over him or her, inside a school, educational, social, sporting, cultural or re-education establishment. If the offence is committed in one of the following public places: Mosques, hotels, cafés, restaurants, public gardens, administrative establishments, air or sea ports, stadiums, health establishments or prisons. If the offence is committed by a person, whether principal perpetrator or accomplice, who is legally responsible for recording and combating drug offences. If the offence is committed by a person responsible for the administration or custody of a place where narcotics are deposited or seized. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1913-07-09 | C182 | Penal Code - Article 232, Article 234 | [{"link_name":"Penal Code","source_link":"https://legislation-securite.tn/fr/law/43760"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 232: - Repealed by the decree of May 26, 1949 and added by law no. 64-34 of July 2, 1964 - Shall be considered a pimp and punished by one to three years' imprisonment and a fine of one hundred to five hundred dinars, whoever: who, in any way whatsoever, knowingly aids, protects or assists the prostitution of others or solicitation with a view to prostitution, who, in any form whatsoever, shares the proceeds of the prostitution of others or receives subsidies from a person habitually engaged in prostitution, who, knowingly living with a person who habitually engages in prostitution, cannot justify sufficient resources to enable him/her to support him/herself alone, who hires, trains or maintains, even with his consent, a person even of age, with a view to prostitution, or delivers him to prostitution or debauchery, acts as an intermediary, in any capacity whatsoever, between persons engaged in prostitution or debauchery and individuals who exploit or pay for the prostitution or debauchery of others; Article 234: - Repealed by the decree of May 26, 1949 and added by law no. 64-34 of July 2, 1964 - Subject to the stiffer penalties stipulated in the preceding article, anyone who violates moral standards by inciting, promoting or facilitating the debauchery or corruption of minors of either sex shall be punished by one to three years' imprisonment and a fine of one hundred to five hundred dinars. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2004-01-14 | C182 | Law No. 1-2004 of January 14, 2004 on National Service - Article 2 | [{"link_name":"Law No. 1-2004 of January 14, 2004 on National Service","source_link":"https://legislation-securite.tn/latest-laws/loi-n-2004-1-du-14-janvier-2004-relative-au-service-national/"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 2: - citizens may perform national service from the age of 18, at their request and with the agreement of the Minister of National Defense. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1913-07-09 ; 2016-08-03 | C182 | Law No. 2004-73 of August 2, 2004, as amended by Organic Law No. 2017-58 of August 11, 2017 - Article 226 ter ; Organic Law No. 2016-61 of August 3, 2016, relating to the prevention and fight against human trafficking - Article 1 | [{"link_name":"-Law No. 2004-73 of August 2, 2004, as amended by Organic Law No. 2017-58 of August 11, 2017","source_link":"https://legislation-securite.tn/fr/law/43760"},{"link_name":"-Organic Law No. 2016-61 of August 3, 2016, relating to the prevention and fight against human trafficking","source_link":"https://legislation-securite.tn/latest-laws/loi-organique-n-2016-61-du-3-aout-2016-relative-a-la-prevention-et-la-lutte-contre-la-traite-des-personnes/"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 226 ter: - Added by law no. 2004-73 of August 2, 2004 and amended by organic law no. 2017-58 of August 11, 2017 - Is punishable by two (2) years' imprisonment and a fine of five (5) thousand dinars whoever commits sexual harassment. Is considered sexual harassment any aggression of another by acts or gestures or words with sexual connotations that undermine his dignity or affect his modesty, and this, with the aim of getting him to submit to the sexual desires of the aggressor or those of others, or by exerting on him a dangerous pressure likely to weaken his ability to resist it. The penalty is doubled if : the victim is a child, the perpetrator is an ascendant or descendant of the victim, whatever the degree, the perpetrator has authority over the victim or abuses the authority conferred by his or her position, the offence is facilitated by the victim's apparent or known vulnerability, The statute of limitations for the prosecution of sexual harassment committed against a child runs from the time the child reaches the age of majority. In addition, it is worth noting that, in its first Article, Organic Law No. 2016-61 of August 3, 2016, relating to the prevention and fight against human trafficking, provides in its first article that this law aims to prevent all forms of exploitation to which persons, notably women and children, may be subjected; to combat trafficking in persons; to punish offenders; and to protect and assist victims. |
| List of hazardous activities prohibited for children | 2020-04-01 | C138 & C182 | Order of the Minister of Social Affairs dated April 1, 2020, establishing the types of work in which the employment of children is prohibited | [{"link_name":"Order of the Minister of Social Affairs dated April 1, 2020, establishing the types of work in which the employment of children is prohibited","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/112201/TUN-112201.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Order establishes the types of dangerous work prohibited for children under 18 years of age. |
| Minimum age for hazardous work | 1966-04-30 | C138 & C182 | Law No 96-62 of July 15, 1996 on the Labour Code - Article 58 | [{"link_name":"Law No 96-62 of July 15, 1996 on the Labour Code","source_link":"https://www.prevention-plus.com/wp-content/uploads/2019/09/l96-62_de_15-07-1996.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 58: The minimum age for admission to any type of work likely, by its nature or the circumstances in which it is performed, to expose the health, safety or morals of children to danger shall not be less than eighteen years. The types of work referred to in the previous paragraph are determined by decree of the Minister of Social Affairs, after consultation with the most representative employers' and workers' professional organizations. Notwithstanding the provisions of the first paragraph of this article, the Labour Inspectorate may, after obtaining the opinion of the Labour Medical Inspectorate and consulting the most representative employers' and workers' organizations, authorize the employment of children in such work from the age of 16, provided that their health, safety and morals are fully safeguarded and that they have received specific and appropriate instruction, or vocational training in the branch of activity concerned. |
| Minimum age for admission to apprenticeship | 1996-07-15 | C138 | Law No 96-62 of July 15, 1996 on the Labour Code - Article 53.2 | [{"link_name":"Law No 96-62 of July 15, 1996 on the Labour Code","source_link":"https://www.prevention-plus.com/wp-content/uploads/2019/09/l96-62_de_15-07-1996.pdf"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 53.2 of the Law stipulates that the provisions of Article 53 of this Code shall not apply to the work of children in general, vocational, or technical schools and other training institutions. They shall also not apply to work carried out in enterprises by persons aged at least fourteen (14) years when such work constitutes an integral part of: a) a cycle of study or training for which the school or training institution bears primary responsibility; b) a vocational training program approved by the competent public authorities and carried out largely or entirely within an enterprise; c) an information or orientation program aimed at the choice of profession or the nature of the training, thus fixing the minimum age for admission to apprenticeship to 14 years. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2002-07-23 | C138 | Guidance Law No. 2002-80 of July 23, 2002, relating to education and schooling - Article 1 | [{"link_name":"Guidance Law No. 2002-80 of July 23, 2002, relating to education and schooling","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/61806/TUN-61806.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 1 (a):- Education is an absolute national priority and education is compulsory from six to sixteen years of age. Education is a fundamental right guaranteed to all Tunisians without discrimination based on sex, social origin, color or religion; it is also a duty. It is also a duty assumed jointly by individuals and the community. |
| Light work - Determination of types and conditions of activities | 1966-04-30 | C138 | Law No 96-62 of July 15, 1996 on the Labour Code - Sections 56 and 57 | [{"link_name":"Law No 96-62 of July 15, 1996 on the Labour Code","source_link":"https://www.prevention-plus.com/wp-content/uploads/2019/09/l96-62_de_15-07-1996.pdf"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Section 56, concerning non-industrial and non-agricultural activities, provides that light work can only be done by children for a maximum of two hours per day, and that a decree determines the nature of light work and the initial precautions to be taken when employing children in such work. Furthermore, Article 57 of the Law states that, for the purposes of art, science, or education, and notwithstanding the provisions of Articles 53 to 56 of this Code, the Chief of the Labour Inspection may grant individual employment authorizations to permit children to appear in public performances or to participate as actors or extras in cinematographic productions. A ministerial order issued by the Minister in charge of Social Affairs, after consultation with the relevant employers’ and workers’ professional organizations, shall determine the minimum age from which such individual employment authorizations may be granted. The same order shall also specify the precautions to be taken to safeguard the health, development, and morality of the children, and to ensure their proper treatment, adequate rest, and the continuation of their schooling. However, it should be noted that, according to the CEACR Direct Request on C138, 2021, "For many years, the Committee has been asking the Government to take the necessary measures for the adoption of the Decree, referred to by the Government, for determining the nature of light work. The Committee notes the Government’s indication that a draft decree has been drafted relating to the employment of children in light work in the context of non-industrial and non-agricultural activities. The Government states that a copy of this decree will be sent to the ILO once it has been adopted." |
| Minimum age for light work | 1966-04-30 | C138 | Law No 96-62 of July 15, 1996 on the Labour Code - Sections 55 and 56 | [{"link_name":"Law No 96-62 of July 15, 1996 on the Labour Code","source_link":"https://www.prevention-plus.com/wp-content/uploads/2019/09/l96-62_de_15-07-1996.pdf"}] | 13 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Sections 55 and 56 of the Labour Code provide that the minimum age for admission to work is fixed at 13 years for light work which is not harmful to the health or development of children or detrimental to their school attendance. |
| Minimum age for admission to work | 1996-07-15 | C138 | Law No 96-62 of July 15, 1996 on the Labour Code - Article 53 | [{"link_name":"Law No 96-62 of July 15, 1996 on the Labour Code","source_link":"https://www.prevention-plus.com/wp-content/uploads/2019/09/l96-62_de_15-07-1996.pdf"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | The employment of children under the age of 16 is permitted within establishments in which only members of the same family are employed under the authority of the father, mother, or legal guardian, provided that such employment does not adversely affect the child’s health, physical or mental development, or interfere with their education. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 19-OCT-1995 | Source |
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 28-FEB-2000 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The main objectives of the National Plan to Combat Child Labor in Tunisia (2015-2020) are to harmonize and enhance the legal framework, raise awareness and knowledge through studies and data collection, protect and prevent children from economic exploitation, build capacities of stakeholders, integrate educational and vocational training to reduce school dropouts, conduct awareness campaigns, and ensure effective implementation, monitoring, and evaluation of the plan by coordinating efforts among all stakeholders. The plan emphasizes a participatory approach involving government, social partners, civil society, and international organizations. | [{"link_name":"The National strategy to Combat Child Labour","source_link":"http://www.femmes.gov.tn/wp-content/uploads/2017/07/المخطط-الوطني-لمكافحة-عمل-الأطفال-في-تونس-2015-2020.pdf"}] | 2015-2020 | The National strategy to Combat Child Labour | The mandate over the National Plan to Combat Child Labor in Tunisia is under the Ministry of Social Affairs. The leadership for preparing and implementing the plan includes a steering committee comprising representatives from relevant ministries and social partners (COPIL) |