ECONOMIC, SOCIAL AND CULTURAL RIGHTS COMMITTEE CONTINUES CONSIDERATION OF ALGERIA REPORT
Press Release
HR/4257
ECONOMIC, SOCIAL AND CULTURAL RIGHTS COMMITTEE CONTINUES CONSIDERATION OF ALGERIA REPORT
19951201 GENEVA, 30 November (UN Information Service) -- The Economic, Social and Cultural Rights Committee this afternoon continued its consideration of the initial report of Algeria on its implementation of the International Covenant on those rights. Algeria supplied additional information today on the treatment of men and women in matters of marriage, divorce, adultery and polygamy.The delegation of Algeria told the Committee Expert members that marriage was entered into through the consent of the intending spouses in the presence of the matrimonial guardian and their witnesses, and through the provision of a dowry. However, the Islamic law prohibited a woman from marrying a non-Muslim. The marriageable age had been raised to 18 for women and 21 for men. A married women could exercise her rights with regard to ownership and disposal of her personal assets. In Algeria, the only form of matrimonial regime recognized was that of separate ownership of assets.
Regarding divorce, the man could repudiate his wife unilaterally, but it was the judge who had the final say concerning the divorce. The woman had the same rights as the man. In both cases, reparations had to be made for the damage caused. In the case of the woman, she had to pay an amount equalling the dowry she had received at the time of their marriage. A divorce could only be pronounced by a court judgement after an attempt by the judge to secure reconciliation. Initiation of divorce could take place at the request of the husband, by mutual consent or at the request of the wife.
Responding to the Committee's queries on the matter of polygamy, the delegation said that it existed in Algeria and still practiced following the Koranic law of Sharia. Nevertheless, the Algerian positive law of family code presented a series of obstacles when it came to polygamy. The freedom of the man to get married to an additional woman had been restricted by the legislation so that polygamy would not be widely practiced. The motivation for taking another wife had to be justified, the man had to have equal affection for all of his wives and he should have the permission of the first wife as well as the future one.
With regard to adultery, the delegation recalled that an element of discrimination against women found guilty of adultery was abolished in 1982,
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and since that time men and women convicted of adultery had been liable to the same penalties. Both men and women could bring their complaints of alleged adultery before the court. According to the law, a married woman convicted of adultery would be punished by one to two years imprisonment. A man who committed adultery with a woman he knew was married would receive the same punishment.
The delegation stressed that the Algerian legal system was based on positive law, namely, civil and penal laws. Under the civil law, there was a civil code based on the Napoleonic code and family code. The family code was the only juridical instrument based on Islamic law -- Sharia. That was because of the attachment of the population to Islamic values.
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