Regions  ▸  Africa  ▸  Tunisia

LGBT Rights in Ben Arous Governorate

Ben Arous is governed by federal Tunisia law. Learn more
    Homosexuality
    ⚢
    ✖ Illegal (imprisonment as punishment)
    Gay Marriage
    ⚭
    ✖ Unrecognized
    Censorship
    ✖ Imprisonment as punishment
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ No protections
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ No protections
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    ✖ Not banned
    Military
    Ambiguous
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    N/A
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Public Opinion

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History

Homosexual activity in Ben Arous

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Homosexual activity in Ben Arous is illegal (imprisonment as punishment).

Current status
Since Jan 1, 1913
Illegal (imprisonment as punishment)
Penal Code of 1913: Article 230: “The masculine homosexuality and feminine homosexuality that is not covered by any of the other previous articles, is punished with imprisonment for three years” (unofficial translation)
Details
Sources:
old.ilga.org/Statehomophobi…
jurisitetunisie.com/tunisie…
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Same-sex marriage in Ben Arous

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Same-sex marriage in Ben Arous is unrecognized.

Current status
Unrecognized
The personal status code does not explicitly define marriage to be between a man and a woman, but it's implied according to its different article. Only that type of marriage is regulated. There is no law that regulates same-sex marriages or a civil unions. In 2020, Tunisian authorities approved the family reunification of a same-sex couple married abroad, a move initially reported as indirect recognition of the marriage,[27][28] but the government repeated that it does not recognize same-sex marriages and the approval may have been an administrative oversight.
Details
Sources:
huffingtonpost.com/2014/12/…
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Censorship of LGBT issues in Ben Arous

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Censorship of LGBT issues in Ben Arous is imprisonment as punishment.

Current status
Since Jan 1, 2004
Imprisonment as punishment
Article 226 of the Penal Code (1913) which was amended in 2004, criminalizes any act that publicly draws attention to the opportunity to “commit debauchery” through any form of writing, audio, or visual recording.
Details
Sources:
database.ilga.org/tunisia-lgbti
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Right to change legal gender in Ben Arous

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Right to change legal gender in Ben Arous is legal, but requires surgery.

Current status
Since Jul 9, 2018
Legal, but requires surgery
Tunisian court granted legal gender recognition to a transgender man who received gender-affirming care in Germany, overruling a lower court’s verdict.
Details
Sources:
legal-agenda.com/%D8%A7%D9%…
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Jul 25, 1957–Jul 9, 2018
Illegal
Changing gender is illegal in Tunisia.
Details
Sources:
nationalgeographic.com/maga…
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Gender-affirming care in Ben Arous

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Gender-affirming care in Ben Arous is legal.

Current status
Since 2013
Legal
In 2013, Tunisia adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
Details
Sources:
ourworldindata.org/grapher/…
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Legal recognition of non-binary gender in Ben Arous

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Legal recognition of non-binary gender in Ben Arous is not legally recognized.

Current status
Not legally recognized
Non-binary identities are not legally recognized.
Details
Sources:
database.ilga.org/tunisia-lgbti
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LGBT discrimination in Ben Arous

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LGBT discrimination in Ben Arous is no protections.

Current status
Since Jul 25, 1957
No protections
Details
Sources:
jasmine-foundation.org/doc/…
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LGBT employment discrimination in Ben Arous

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LGBT employment discrimination in Ben Arous is no protections.

Current status
Since Jul 25, 1957
No protections
decriminalization pending for homosexuality. Discrimination protections might be included.
Details
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LGBT housing discrimination in Ben Arous

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LGBT housing discrimination in Ben Arous is no protections.

Current status
Since Jul 25, 1957
No protections
Details
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Same-sex adoption in Ben Arous

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Same-sex adoption in Ben Arous is single only.

Current status
Since Jul 25, 1957
Single only
No laws in place for same sex couples.
Details
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Intersex infant surgery in Ben Arous

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Intersex infant surgery in Ben Arous is not banned.

Current status
Not banned
There is no ban on surgeries performed on intersex infants in Tunisia.
Details
Sources:
database.ilga.org/tunisia-lgbti
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Serving openly in military in Ben Arous

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Serving openly in military in Ben Arous is ambiguous.

Current status
Since Jul 25, 1957
Ambiguous
there is no laws against LGBT people to serve Military
Details
Sources:
The constitution
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Blood donations by MSMs in Ben Arous

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Blood donations by MSMs in Ben Arous is legal.

Current status
Since Jul 25, 1957
Legal
there is no laws banned gay people to donate blood
Details
Sources:
the Tunisian laws
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Conversion therapy in Ben Arous

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Conversion therapy in Ben Arous is not banned.

Current status
Not banned
Human rights minister said gays should be medically treated. Decriminalization of Homosexuality is pending.
Details
Sources:
state.gov/documents/organiz…


pinknews.co.uk/2012/02/06/t…
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Equal age of consent in Ben Arous

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Equal age of consent in Ben Arous is n/a.

Current status
N/A
Age of consent is not applicable because homosexuality is illegal in Tunisia.
Details
Sources:
thepinknews.com/2012/06/06/…
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Equality Index ?
16 / 100
Legal Rights
16 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Ben Arous to help improve its accuracy.

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Ben Arous LGBT Organizations

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Common queries:
  • Is it illegal to be gay in Ben Arous?
  • Is homosexuality legal in Ben Arous?
  • Is gay marriage legal in Ben Arous?
Alternative names: Bin Arus, Ben Arous

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