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.
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