CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
i.
Summary of the CSAR
306.
According to the CSAR, Algerian women have made significant progress, as
is confirmed by their determined involvement in the democratic process and
their participation in the construction of the state and the development process.
The legal mechanisms instituted in Algeria to promote and protect the rights of
women are based on the principle of equality, as defined in section 29 of the
Constitution. These mechanisms enshrine the civil, political, economic and
social rights of women, who are given full legal capacity in civil, criminal,
administrative and commercial matters. They also have political, economic
and social rights. The legal mechanisms were strengthened in 2005 to respond
to developments in Algerian society and to undertakings in the context of the
country‟s adherence to international instruments aimed at entrenching the
rights of women.
307.
Amendments were made to the Family Code to balance the rights and duties of
spouses, and to entrench the rights of women to enter into a marriage contract
and ensure housing, in the event of divorce, for minor children whose custody
was entrusted to the mother. Flexibility was introduced with regard to the
constitutive aspects of marriage, especially with the condition of the Wali, the
guardian, whose presence was reduced to an almost symbolic meaning as a
woman has the right to choose her guardian, who could be her father, a close
relative or any other person of her choice. Amendments were also made to the
Code on Nationality by granting nationality to children born of an Algerian
mother and by affording, under certain conditions and in accordance with
procedures fixed by law, the opportunity of acquiring nationality through
marriage to an Algerian man or woman.
308.
The law also introduced a national legislative mechanism for the incrimination
of sexual harassment under the new Criminal Code, something not covered by
earlier legislation.
309.
The institutional mechanisms for implementing the rights of women were
supplemented by the establishment of the post of Deputy Minister responsible
for the Family and the Condition of Women in 2002. This governmental
structure was charged with ensuring the implementation of a National Strategy
on the Promotion of the Rights of Women, in partnership with public and
academic institutions and the union movement. Institutional mechanisms in
place include the Committee on the Protection and Promotion of the Family,
as well as the National Council of Women and the Family, established on 7
March 2007 and consisting of representatives from public institutions, the
union movement and persons chosen for their expertise in this field. Algeria,
in the context of this legislative and institutional mechanism, is implementing
a global, sectoral policy on the promotion and protection of women, which is
also reflected in budgetary allocations and national development programmes.
A special effort is also being made to promote maternal and infant health, the
education of young girls, and literacy among women, and to integrate women
into the economy.
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