Lifting Algeria’s CEDAW Reservation: A Constitutional Inevitability, Not a Threat
Contribution by Prof. Hamza Khoudri, Public Law Lecturer at the University of Algiers 01, Lawyer before the Supreme Court and the Council of State
In 2020, the Algerian people approved a constitutional revision that enshrined several principles of equality between men and women. Article 37 stipulates that “citizens are equal before the law, without distinction on the basis of sex.” Article 40 provides that the State shall protect women against all forms of violence, particularly in public and professional spaces. Article 49 further establishes that “every citizen shall enjoy civil and political rights, including the freedom to choose one’s residence and to move freely across national territory,” without discrimination between men and women.
On this basis, the recent lifting of Algeria’s reservation to Article 15(4) of the CEDAW Convention—which guarantees women freedom of movement and choice of residence—is not a revolution, but rather a constitutional fait accompli. These rights are already guaranteed by the highest law of the land, ratified through a popular referendum on 1 November 2020.
Misplaced Fears About Family and Morality
Some citizens and political parties have argued that this measure might threaten the Algerian family or undermine collective morals. Such claims are, in my assessment, unfounded. Family cohesion and moral order do not derive from limiting individual rights. They are instead secured through socialization processes that accompany individuals from childhood to adulthood, instilling noble values that shape responsible, ethical, and productive citizens—male or female alike. The safeguarding of the family, therefore, lies not in restricting constitutional rights, but in cultivating moral and civic education.
Religion and the Fallacy of “Islamic Objections”
Another strand of criticism links the lifting of this reservation to alleged contradictions with Islam. This is, in my view, one of the most misleading arguments proliferating across social media. There is a fundamental distinction between Islam’s position on women’s rights—which is clear, generous, and dignifying—and the fragmented, politically motivated interpretations of “political Islam.”
Islam as a religion elevated women, granting them full individual and collective rights centuries before modern legal systems. By contrast, political Islam has failed to provide a coherent model of women’s rights. “Activist Islam” claims to hold the authentic model, especially on rights and duties, while so-called “Salafi Islam” proposes a contradictory vision, each presenting itself as the sole legitimate interpretation. In reality, both remain relative, fragmented, and ultimately unconvincing. Neither should be invoked to undermine women’s constitutionally recognized freedoms.
The Real Challenge: Reconciling CEDAW with Algeria’s Family Code
The substantive challenge ahead is not whether Algeria respects women’s freedoms—our Constitution guarantees them. It is whether Algeria will adapt its Family Code to reflect the CEDAW standard. Under current law, the wife is expected to reside in the marital home, which is considered the husband’s residence. This conflicts directly with Article 15(4) of CEDAW, which grants women equal freedom in choosing residence.
Since the Constitution affirms the supremacy of ratified international conventions over domestic law, this legal inconsistency cannot remain unresolved. However, I firmly believe the Algerian legislator will preserve the traditional model of matrimonial residence, deeply embedded in our religious and socio-cultural fabric, while cautiously seeking ways to reconcile this with Algeria’s international commitments.
Translated by: Dr. Hana Saada
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