The situation for women in Algeria is difficult, largely as a result of the country’s history and the influence of Islamist movements over the past 20 years. Conditions for women are closely linked to the provisions of the 1984 Family Code, which is based on Islamic Sharia law.
Feminist NGOs are working to change this situation, with some success. In 2003, the government amended the Family Code in favour of women and created a Ministry of Women’s Affairs. Progress is slow, however, due to the moderate Islamist movement, which is one of the main political components of the current regime.
According to the Family Code, women cannot marry without the consent of their guardians (who are always male). More positively, women cannot be married against their will. The minimum legal age of marriage in Algeria is 21 years for men and 18 years for women, and the age of marriage in urban communities is rising regularly, which has the positive effect of increasing the national average. A 2004 United Nations report estimated that only 4 per cent of girls between 15 and 19 years of age were married, divorced or widowed. However, early marriage is still prevalent in rural areas where family traditions prevail. The code prohibits women from marrying men who are not of Algerian nationality.
Polygamy is lawful according to the Family Code, which follows Sharia law and allows Muslim men to take up to four wives. Recent amendments to the code enforce procedures that make the practice more difficult and polygamous marriages are increasingly rare.
The Family Code states quite clearly that men and women are not equals within a marriage: “The duty of the wife is to obey her husband”. Moreover, as parental authority is given only to fathers, husbands make all decisions regarding joint matters, especially those concerning finances and the education of children. The code also states that wives are minors under the authority of their husbands and must stay at home, yet this provision does not always reflect reality. In rural areas, women are under strong social pressure to submit to this condition and dare not dispute it for fear of being stigmatised within their communities. The situation is quite different in urban areas. In principle, married women need their husbands’ permission to work (or travel) outside the home, yet the percentage of women in the workforce has grown considerably in the past 30 years. These working women can acquire a certain level of independence within the household.
The code also treats men and women differently in the case of divorce. Men can divorce without any justification, but women can obtain a divorce only under certain conditions (which have become less stringent in recent years). Men who obtain a divorce keep the family house and can immediately evict their wives and children. In such cases, men are legally required to pay child support, yet many allowances remain in arrears. Even if the wife is given custody of the children, the husband retains control over their upbringing.
Sharia law applies in the event of inheritance. In general, for individuals sharing the same degree of relationship, the share women inherit is half that of men. Many families in urban areas disagree with the existing legislation and re-establish equality between their children by arranging donations or fictitious sales to their daughters.
Women bore the brunt of violence and abuse during Algeria’s 15-year civil war, which lasted from 1991 to 2002. Rape, torture and murder, for the most part by armed rebel groups, were commonplace. Many of the women who did manage to find their freedom were subsequently abandoned by their families and by the state, and struggled to achieve a decent standard of living.
Even today, violence against women is evident in numerous forms in Algeria, and there is little in the way of legal instruments to protect women from it in their private or professional lives. Domestic violence and spousal rape are not considered crimes, nor does such violence constitute grounds for divorce. Women can press charges (they must obtain a medical certificate before calling the police), but social pressure often prevents them from taking any action.
In response to pressure from feminist associations, the government conducted a survey on the issue of violence against women in 2003. The penal system is making some progress, particularly in regard to sexual harassment in the workplace, but the government has yet to make any firm commitment on bringing an end to the various forms of violence against women.
There is no evidence to suggest that female genital mutilation is practised in Algeria. However, Algeria appears to be a country of concern in relation to missing women.
Women face some restrictions in regard to their ownership rights. In particular, their access to land is limited by traditional provisions. By contrast, women are guaranteed the legal right to access to property other than land.
By law, women in Algeria have the right to access bank loans and are free to negotiate business or financial contracts. They are entitled to keep any wages they earn and to own personal possessions. However, these rights can be restricted by their husbands, who have authority to control how this property is managed. This attitude seems more common in rural areas and within uneducated families.
In general terms, Algerian women have freedom of movement, yet this freedom depends on the goodwill of their husbands, who have the authority to control where they go. If wives refuse to obey, they risk being beaten or temporarily confined at home.
Although women are legally granted freedom of dress, day-to-day attire is often dictated by social pressure, which has become stronger with the influence of fundamentalist Islamist groups. Approximately two-thirds of women wear the veil, a share that has grown significantly over the past 20 years. Generally, women feel pressure from two sources: family members (the husband in particular) may force women to wear the veil or women may feel compelled to wear it because of the hostile attitude of men in public places. Some women freely choose to wear the veil for religious reasons, which does not signify that they adhere to the traditional model of the subservient housewife. Many women with higher education and high-level jobs wear a headscarf. In more conservative regions in southern Algeria, women often cover themselves from head to toe.
Afrol News (n.d.), Gender Profile: Algeria, www.afrol.com/Categories/Women/profiles/algeria_women.htm.
CEDAW (Committee on the Elimination of Discrimination against Women) (2003), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of all Forms of Discrimination against Women: Algeria, Initial Periodic Report of States Parties, Cedaw/c/dza/2, CEDAW, New York, NY.
Freedom House (n.d.), Algeria, www.freedomhouse.org.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY
