CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE Box 4: Amendment to the 1984 Family Code The 1984 Family Code was amended by Presidential Ordinance 05-02 of 27 February 2005, after more than three years of controversy and disputes. The aim is to strengthen the rights of women, who are guaranteed equal citizenship under the Constitution. The advances, which some judge are the most significant under the new code, relate primarily to: the legal marriage age of 19 years for men and women (previously 21 years for men and 18 for women); consent of the woman as a condition for entering into marriage; polygamy subject to the prior consent of the spouses, future spouse and President of the Court, who has to verify such consent, as well as the reasons and capacity of the spouses to ensure the equity and conditions necessary for conjugal life; obligation of the husband, in the event of divorce, to provide decent accommodation or rent for his minor children, custody of whom is entrusted to the mother; review of priority with regard to custody, with priority now being given to the mother, then to the father and, finally, to the maternal grandmother; and widening of the prerogatives afforded to courts, now empowered to rule in chambers, by ordinance, especially on questions related to custody, visiting rights, housing and maintenance. Some of the weaknesses in the Family Code are as follows: The new version of the Family Code upholds the obligation of the legal guardian (the wali) in respect of the marriage of a woman. Women, even those who have attained majority, still need the approval of a man in order to marry. Although eased to some extent, legal polygamy is still upheld, even though only 1 per cent of the approximately 4 million adults are polygamous. Provisions with regard to inheritance remain unchanged. These are based on the Koran and, for this reason, resistance to them is even more vehement. In addition, many opinions are being voiced in favour of the elaboration of a civil code that draws its inspiration from positive law. 326. Unfortunately this inequality in legal status within the family, combined with strongly stereotypical behaviour associated with the roles and responsibilities of men and women in the family and society, has negative consequences for the exercise of rights by women in the public domain and prevents them from participating fully in the political, economic and social life of the country. 327. Violence against women within the family and society and during periods of conflict constitutes a serious problem in Algerian society. As this violence is experienced daily, the absence of specific legal provisions on violence within the family to protect women against this aggression is to be noted. It is reported in the media that there is an increasing number of women without 107