A 13-year-old Tunisian girl who was
impregnated by a 20-year-old relative has been forced to marry him after it was
approved by a court.
The court gave the green light for the
relative to wed the victim on 13 December, sparking public outrage.
The ceremony between the girl, who comes from
the northwestern city of Kef, and her brother-in-law took place in front of
their parents, despite attempts to stop it.
The age
of sexual consent in Tunisia is 18. However, article 227 of the Tunisian penal
code stipulates that sex with a female under 15 is punishable by six years
imprisonment if it is carried out "without violence". However, the
perpetrator can stop the prosecution by marrying the victim.
"We
interviewed the girl and after verifying all the details, we considered her fit
for marriage," Mejri was quoted as saying by Le Parisien.
"When
it's a 13-year-old child, we can't talk of a sexual relation with consent. It's
a rape," said Houda Abboudi, a spokesperson for the agency. "The
court's decision didn't take into account the interests of this child… who will
marry her rapist."
Non-governmental
organisations hit out at the decision and issued a joint statement condemning
the approval of a marriage between "a 13-year-old child and her
rapist".
However,
one judge who did not wished to be named said: "In that particular case,
the judge was simply abiding the law, which is definitely an antiquated
law."
They
added: "Tunisia was one of the first countries in the region to ratify
international treaties that guarantee the rights of children. However, this law
was never amended. It's up to the judge to decide whether to apply it or
not."
"At
13-years-old, one cannot give free and enlightened judgement – especially since
there is no sex education at school," said Monia Ben Jemia, the head of
the rights group.
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