ARTICLE 4 The Right to the Inviolability of the Human Being 94. Article 4 of the Charter stipulates that « the human being is inviolable », that « every human being shall be entitled to respect for his life and the integrity of his person » and that « no one may be arbitrarily deprived of this right ». 95. Article 5 of the Tunisian Constitution sanctions the inviolability of the human being and his protection against all violations to life. Likewise, Tunisian law protects the right to life by means of criminal sanctions provided for by the Criminal Code, against all those who commit an offense against human life. 96. The Tunisian State has continuously extended the field of application of Article 4 of the Charter relative to the right to life, with the objective of protecting human life in all cases and in all situations where there is a threat to physical integrity. This protection becomes a priority in the case where the age or the physical condition of the person concerned does not permit him to defend himself against the aggression to which he may be subjected. Towards this end, the legislator has reserved a special Code for the Child. Likewise, he has made provision in the Penal Code special provisions governing the issue of the physically disabled, the elderly and vulnerable persons. I- The protection of the life of the Child 97. The Child Protection Code was promulgated by law n° 95-92 of 9th November 1995, relative to the publication of the Child Protection Code with the objective of guaranteeing for the child the requisite conditions for the integral development of its potential and to provide the child with multidimensional protection. 98. The protection of the right of the Child to life rests on the measures guaranteeing the survival and development of the child the onus for which lies first and foremost on the parents. Thus, in case of disability or negligence on the part of the latter, the legislator has made provision for several protection mechanisms for the benefit of the child, in particular the institution of a body of « Delegates for Childhood protection » responsible for interceding with the families or with any other person in charge of the child so as to prevent any form of violation or abuse which may threaten the security and the development of the child (Articles 28 and the following of the Child Protection Code). 99. Article 30 of the Child Protection Code stipulates that « the delegate responsible for childhood protection is given a mission of preventive intervention in all cases where the health or physical or moral integrity of the child is threatened or exposed to a danger emanating from the milieu in which he lives, or to activities or acts which he accomplishes or due to varied ill treatment that he may have suffered… ». Article 46 of the same Code stipulates that « in cases of imminent danger, the childhood protection delegate can take the initiative of removing the child away from the danger area even to the point of using the public forces of law and order, and of putting the child in a safe place under his own responsibility while respecting the inviolability of residential households ». 26

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