LGBT Rights and Freedom of Conscience in Tunisia, between Islamic Norms and Individual Rights
Tommaso Virgili
LGBT Rights and Freedom of Conscience in Tunisia, between Islamic Norms and Individual Rights
MECAM Papers English | 2025
Abstract
LGBT rights and freedom of conscience in Tunisia are examined here by assessing the impact of Islam on the country’s judicial system. Since the 2010 revolution, Tunisia’s legal framework has significantly changed, yet the influence of Islam on legal interpretations continues to threaten individual liberties, especially for vulnerable groups such as women, LGBT individuals, and religious minorities.
Judges and governmental authorities have cited Islamic principles to justify discrimination against women and non-Muslims in matters of religious freedom, marriage, inheritance, and child custody.
In addition, vaguely worded penal clauses related to “good morals” and “decency” have been interpreted through a religious lens, leading to the persecution of LGBT individuals, blasphemers, and atheists. These groups are often targeted for allegedly defying the majority ethos and promoting fitna – a concept referring to societal division and corruption within the Islamic umma.
Conversely, judicial interpretations eschewing religious considerations and upholding individual rights based on constitutional and international law have led to more equitable outcomes. These advances have not gone unchallenged, encountering resistance from conservative institutions.
Context
The current climate of autocratic tendencies and conservative populism raises concerns about the future of human rights in Tunisia. The new Constitution, emphasising the “objectives of Islam,” could further see religion impact the law and jeopardise the rights of vulnerable groups. A secular framework is crucial for guaranteeing freedom of conscience and protecting individuals from discrimination.
Ghana and Tunisia have often been framed as beacons of democracy in their respective regions. However, as Ghana’s democracy matured over decades, Tunisia’s experiment ultimately collapsed. This paper examines diverse factors shaping their paths, offering lessons on the risks of democratic backsliding.
