Date of Award

2015

Document Type

Thesis

Degree Name

Bachelors

Department

Social Sciences

First Advisor

Hicks, Barbara

Keywords

Tunisia, Morocco, Women, Government, Legal Systems

Area of Concentration

International and Area Studies

Abstract

This project examines the governing regimes in Tunisia and Morocco and how their recent periods of reform have affected women’s legal rights. Tunisia and Morocco share many similarities, starting from gaining their independence from France in 1956. As a result of their French history, both countries have developed mixed legal systems with French civil law and Sharia law. The laws in both countries have been reflective of Islamic influence, and in many ways have restricted women’s legal equality. While Tunisia was under the rule of dictators until 2010, the government made steady progress in giving women equal status under the law. As a result of the power given to the King in Morocco’s constitutional monarchy, the country has been slower to reform its legal codes. Both Tunisia and Morocco have ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and have a near identical legal system, so employing a “most similar systems” approach, this study compares the legal status of women in the two countries. The reports from CEDAW provide a guideline for assessing the discriminatory laws in both countries and separate the laws by level of discrimination. While not much reform has taken place in specific codes since 2010 when the Arab Spring protests began, the changing government environments in Tunisia and Morocco have brought constitutional reforms that can support thorough reform of the codes and that provide a basis for looking at the future of women’s legal equality in both countries. Tunisia’s recent transition to a democracy has allowed for an institutionalization of democratic principles that seek to ensure a system of checks and balances. The new constitution has presented a clear legal foundation for the reform of previously discriminatory laws. However, because Tunisia is in transition, any reforms will take time and will depend on the legitimacy of the new government. Similarly, Morocco’s recently reformed constitution gives women equal rights to men, but the government reforms fail to take enough power away from the King, risking the chance that a future King has the power to undo any progress made. While this study demonstrates the susceptibility of women’s legal equality to the cultural environment and interpretation of powerful individuals and institutions in any regime type, the constraints on power and emphasis on rule of law inherent to democratic systems are the most secure guarantees of equality in the long term.

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