Progress Amid Resistance

ALGERIA 33Civil laws and policies apply to men and women equally, but Article1 of the civil code stipulates that “in the absence of any legal disposition,the judge pronounces himself according to the principle of Islamic lawand, if necessary, according to customary law.” 4 It is primarily for crimesagainst women, such as rape or abduction, that such legal dispositions aremissing. Consequently, women are the main victims of this legal dualism.In the private sphere and in all matters concerning the family, the 1984family code applies. This code—which is based on Shari‘a, customary law,and French law—severely restricts women’s liberties and opportunities.Amendments in 2005 removed some of its gender-based inequities, butmany discriminatory provisions remain.Since 2005, the amended nationality code has recognized Algerianwomen’s ability to transmit citizenship to their children when the fatheris a foreigner. Article 6 of the new code stipulates that a child is consideredAlgerian when born to a father or a mother of Algerian citizenship.However, Article 26 subjects this provision to the approval of the Ministryof Justice. 5 In light of the change to the code, the Algerian governmentrecently withdrew its reservation to Article 9(2) of the Convention on theElimination of All Forms of Discrimination against Women (CEDAW).Article 9 bis of the code also recognizes the ability of a man to acquireAlgerian citizenship when he marries an Algerian woman and the couplelives in Algeria.All citizens are entitled to equal access to justice regardless of theirgender, and women are fairly well represented in the judiciary as judgesand lawyers. However, in practice, women typically either do not knowtheir legal rights or refrain from asserting them through formal legal channels.This is particularly true regarding claims involving domestic violence,sexual harassment, and rape. The reluctance to pursue these claims can beattributed to several factors, including the real and perceived biases in thelaw and the ongoing prevalence of patriarchal attitudes in society. Lawsconcerning women’s rights are sometimes implemented in an arbitrarymanner, especially in cases that pertain to the family code. In addition,the significant financial cost associated with pursuing legal cases is a majorobstacle for women, who are often economically dependent on their husbandsor fathers.Except in cases of adultery and rape, men and women are generallytreated equally within the penal code. According to Article 339, bothmarried men and married women who commit adultery are punished by