100. It is important to point out that the protection of the right to life is a legal
obligation provided for by Article 31 of the Child Protection Code which compels
all adults to alert the childhood protection delegate in a case where a child is
living in a particularly difficult situation likely to be detrimental to his physical
health.
Likewise, it should be pointed out that Tunisia has included in its legal provisions
the two optional protocols to the Convention on the Rights of the Child, the first of
which relates to the involvement of children in armed conflicts and the second
pertains to child trafficking, child prostitution and pornography using children.
II- The penalization of the abandonment of children and of the
disabled
101. The promulgation of the Code on Child protection had been accompanied by
the review of certain provisions of the Penal Code relative to violations against
individuals, and this by the law n° 95-93 of 9th November 1995, amending and
completing some Articles of the Penal Code.
102. Indeed, the new Article 212 of the Penal Code penalizes «he who exposes
or allows the exposure of, neglects or allows the neglect with the intention of
abandoning, of a child or a disabled person quite unable to protect himself, in a
place full of people », by inflicting on him a sentence of three years of
imprisonment and a fine of two hundred Dinars.
The sentence shall be doubled if the child is exposed or neglected in a place
which is not inhabited by people.
Article 213 (new) of the same Code adds that « the perpetrator of the
abandonment shall be punished with life imprisonment should the child or the
disabled person die following this abandonment ».
103. The guarantee of the health services and social security for physically
disabled persons is considered as a « national responsibility » by Article 3 of the
orientation law n° 2005-83 of 15th August 2005, relative to the promotion and
protection of disabled persons.
III- The protection of the life of the Elderly
104. Law n° 94-114 of 31st October 1994 relative to the protection of elderly
persons, established private institutions for the assistance and protection of the
elderly, the use of which can only take place in case of need or in the absence of
an alternative. The elderly cannot be admitted or kept in these institutions without
their consent. Their admission is done following their request or on that of their
legal representatives or by the public authorities.
105. Furthermore, Article 2 of the above mentioned law stipulates that the
protection of the life of the elderly requires:
- The protection of their health.
- The encouragement of studies and research on the individual and
collective aspects of the ageing process and the means liable to guarantee the
protection and well being of the elderly.
27