and gives the State the responsibility of its generalization and the promotion of pre-school education. The orientation law fixes the objective of pre-school education as « the development of the oral communication capacities, the senses, the psychomotor capacities and the healthy perception of the body. Furthermore, it facilitates the initiation of the children to community living » (Article 16). A national plan aimed at generalizing this preparatory year before 2009, had been adopted. 367. To put the compulsory nature of education into effect, Article 21 of this law stipulates that « the guardian who fails to register his child at one of the institutions for basic education or withdraws the child before the age of sixteen (16) » is liable to a fine of up to four hundred (400) Dinars. B) Education is free 368. Overdetermined condition of the full enjoyment of the right to Education, free education is considered as one of the fundamental principles of the Tunisian Educational System. In effect, Article 4 of the orientation law n° 2002-80 of 23rd July 2002, relative to education and school teaching stipulates that « the State guarantees the right to free education in the public education institutions for all those who are of school going age and equal opportunities in the enjoyment of this right for all pupils, so long as they are capable of legally pursuing their studies…». 369. Moreover, Article 2 of the Child Protection Code (CPE) stipulates that « this Code guarantees the child the right to benefit from the various preventive measures be they social, educational, health-related … ». According to Article 7 of this same Code, the objective of these measures is « to consolidate the responsibility of the parents or of those who are in charge of the child, in the education of the child, his schooling and upbringing through the provision of protection necessary for his natural development ». Concretely, these measures consist in activities undertaken at the level of the educational institutions. It relates to the granting of scholarships to pupils from poor families, the provision of boarding facilities and school canteens at the disposal of the pupils, to the free distribution of textbooks and school materials as well as the setting up of social action units and listening bureaux, the improvement of allowances for medical studies. 370. The absolute priority given to education and the sacrifices made by the national community to guarantee education for all have borne fruit. The marked improvement of school results is seen in the progression of the rates of enrollment of children aged between 6 – 12 years. Development of the rates of enrollment (Primary Public Education) Net Enrollment Rate 6 ans 2000/2001 99% 92.0% 2001/2002 99% 91.3% 2002/2003 99% 91.1% 2005/2006 99% 97.1% The same trend is noted for the age bracket of 13 – 19 years whose enrollment rate rose from 50.2% in 1994 to 71% in 2001-2002. 79

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