NECWA RAHIM

Algeria- Women, human rights defenders criticize some articles of the Algerian Family Law of 1984. Algeria reformed its family law in 2005 to strengthen the status of women within the family, giving equal rights and duties to husbands and wives, requiring husbands to obtain judicial permission to marry subsequent wives and reducing the role of women’s male guardians, but human rights organizations criticize several articles of the family law causing discrimination against women.  Women have faced problems in divorce cases, “Women don’t have custody rights over the children after divorce. For this reason, Article 66 of the Family Law should be repealed.” The number of annual divorce cases in the country is more than ten thousand. Activists and women rights defenders Aicha Zamit, Rouainia Nacima, Fatiha Benabbou, Nadia Ait Zai, and Sumayya Saleh have proposed a draft bill that guarantees the dignity of women and protects them from all forms of violence, harassment, and rape.

“Most of the cases are violence cases”

Lawyer Aicha Zamit drew attention to the challenges faced by women due to laws in the country, “Women in the parliament don’t have an effective role. For instance, the results of the Family Law are highlighted but its causes are ignored. Most of those who apply to courts are women. They apply because they have been subjected to violence by their husbands. There are gaps in the articles related to violence against women, custody rights and divorce due to the absence of effective mechanisms.”

“Women are subjected to injustice”

Noting that the laws in Algeria are prepared according to Islamic law, lawyer Rouainia Nacima drew attention to Article 66 of the Family Law. “Article 66 of the Family Law violates the rights of women about their custody rights. Women lose custody if they marry again while men are granted the right of custody even if they marry again. When divorced women try to rebuild a new life, they face pressure from their ex-husbands. If they want to remarry, their ex-husbands threaten to take the custody of their children from them. We also observe that men disregard their responsibilities about their children after getting the custody.”

“Articles of the Family Law should be reviewed and amended”

Drawing attention to the gaps and defects of the articles of the Family Law, lawyer Fatiha Benabbou said, “Women face serious problems due to several articles of the Family Law. The articles of the Family Law should be reviewed and amended.”

“Women's rights should be guaranteed under the law”

Lawyer and activist Nadia Ait Zai also demand the amendment of Article 66 of the Family Law of 1984.  Women's rights should be guaranteed under the law. Women and children have the right to rebuild a life for them.”

Activist Somaya Salehi also expressed her support for the repeal of Article 66 of the current family law, “Women need laws guaranteeing the dignity of women in accordance with civil laws that serve the interests of all.”