1995 by the Child Protection Code pertaining to the proceedings instituted against a child delinquent aged 13 to 18 years who is subjected to mitigating criminal responsibility. 152. In this context, specialised social workers are posted alongside children’s Judges. These workers are given the responsibility of participating in the search for solutions to the cases of child delinquents so as to help towards their reintegration. A pilot Minors’ Observation Centre, responsible for observing the behaviour of child delinquents before bringing them before the competent courts, had been created in 1993. The child delinquents are no longer brought before the common law criminal courts but rather before the special children’s courts. The children’s Judge has to consult two specialists of Minors’ affairs after having given instructions for a medico-psycho-social investigation of the Minor’s personality. He can then make a ruling by choosing among the measures of protection, of assistance, of monitoring, of education or of placement in a public or private professional and medico-pedagogical educational institution. The arresting of a child delinquent is exceptional. It should be proportional to the gravity of the act committed and to the degree of awareness of the perpetrated act. The arrest is only made in Minors’ placement centre. 153. In order to better protect the Child, the law n° 93-73 of 12th July 1993, amending certain Articles of the Criminal Procedure Code established: - A single Judge for Minors in the area of contraventions who can only impose preventive measures which do not at all constitute imprisonment; - The release on parole for Minors which constitutes a substitutive measure to the measures of imprisonment in order to ensure the re-adaptation and the rehabilitation of the Minor to social life. 154. The right to a fair trial is an inalienable right inscribed in Tunisian legislation in accordance with the international standards intended to guarantee the fairness of the proceedings. This right is one of the foundations of the State and the perennial nature of the values on which it is based. 155. The Tunisian judicial make up reposes on a set of principles including, in particular, the equality of all citizens before the public service of justice without any discrimination whatsoever. ARTICLE 8 The Freedom of Conscience and of Religion 156. Article 8 of the Charter predicates that « the freedom of conscience, the profession and the free practice of religion shall be guaranteed » and that « subject to law and order, no one may be submitted to measures restricting the exercise of these freedoms ». In Tunisia, the freedom of conscience and of religion is guaranteed by the Tunisian Constitution which stipulates, in its Article 5, that « the Tunisian Republic guarantees the inviolability of the human being and the freedom of conscience, and protects the free exercise of religion, on condition that it does not disturb public Law and Order ». 157. The freedom of conscience and of judgment in Tunisia is built on the basis of the promotion of Ijtihad and of the culture of difference. There is no choice but to 37