Child victims of violence in Tunisia: reporting, the child protection delegate and the child's rights in court

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Topic: Criminal law

Who must report to the child protection delegate, how, what emergency measures exist and what rights a child victim has during the investigation and trial.

In short: if you know that a child is being ill-treated or sexually abused, the law requires you to report it to the child protection delegate, even if you are bound by professional secrecy. Reports can be made on the free number 192, which is dedicated to reports for child protection delegates. If the child is in imminent danger, the delegate can remove the child from the danger at once, under the supervision of the family judge. The legal framework The Child Protection Code, published by Law No. 95-92 of 9 November 1995, governs the protection of children at risk. It lists the difficult situations that threaten a child's health or physical or moral integrity, including: losing one's parents with no family support, neglect and vagrancy, persistent failure to raise and protect the child, habitual ill-treatment, sexual exploitation, exploitation in organised crime, begging or economic exploitation, and parents' inability to protect and raise the child. Who must report? Everyone , including people bound by professional secrecy, must report habitual ill-treatment and sexual exploitation of a child to the delegate. For the other situations, anyone may report. Professionals who care for children , such as educators, doctors and social workers, must report every difficult situation listed in the Code. Every adult must help a child who turns to them to inform the delegate about their situation, or that of a sibling or another child. No one can be prosecuted for a report made in good faith, and no one may disclose the reporter's identity without their consent, except where the law provides. When the victim is a girl, Organic Law No. 2017-58 on eliminating violence against women, which covers females of any age, also requires everyone, including people bound by professional secrecy, to alert the competent authorities. How to report Call the free number 192 , reserved for reports to child protection delegates, or go to the delegate's office in your governorate. 1809 provides psychological support for children, and 1899 takes reports of violence against women. If the facts are a crime, a complaint can also be filed at a police or national guard station, or directly with the public prosecutor. What the child protection delegate does The delegate receives the report and assesses how serious the situation is. For the purposes of the Code, the delegate has the status of a judicial police officer. The delegate can summon the child and the parents to hear them, go wherever the child is (but may not enter a home without the occupants' consent), carry out social inquiries and send a report to the family judge. The delegate can propose measures agreed with the family or take emergency measures. Emergency measures when the danger is imminent Imminent danger means any act or omission that threatens the child's life or physical or moral integrity and cannot wait. In that case the delegate can remove the child from the danger, with the help of the police if needed, and place the child somewhere safe under the delegate's responsibility, while respecting the inviolability of the home. The measure cannot continue without an order from the family judge within 24 hours; that order lasts no more than five days, until the court rules on the merits. Meanwhile the delegate provides the child with health, social and psychological support. The child victim's rights during the investigation and trial A child who is the victim of a sexual offence is heard in the presence of a psychologist or social worker, only once, with an audio-visual recording, and is never confronted with the suspect (Law No. 2017-58). The same law gives victims, and the children living with them, a right to legal aid and psychological follow-up. A protection order can be requested from the family judge to bar the abuser from contacting the victim and the children or to remove them from the home; the delegate can apply for it when the victim is a girl. For rape, indecent assault and sexual harassment committed against a child, the limitation period for prosecution only starts to run when the victim comes of age. When to see a lawyer The child's legal guardian can instruct a lawyer to file the complaint, join the case as a civil party, claim compensation and follow the file before the investigating judge and the court. If the family's means are limited, an application for legal aid can be made at the court. If the abuser is a parent, proceedings on custody before the family judge may also be needed. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 30 October 2026