Despite a partial democratic opening, Tunisia and Morocco still maintain a score of criminal laws that target individuals who do not conform to the prevalent moral ethos. In particular, sexual minorities and freethinkers (atheists, apostates, blasphemers and unorthodox intellectuals) are targeted by law and society on grounds of transgressing public morality and the traditional Islamic norms.
This research concentrates on the constitutional and legal protection of the individual liberties of those categories in a comparative perspective between Tunisia and Morocco. It also aims to assess how different interpretations of Islam interact with LGBT rights and freedom of conscience. At the legal level, what is the effect of the legal recognition of Islamic rules and principles on individual rights? At socio-legal level, what is the influence of the religious ethos of the majority on the interpretation and application of the law? At the social level, does religion play a role in the treatment of out-groups – whether as trigger of hostility or as a source of compassion and bonding?
To answer these questions, the research follows a qualitative multi-method approach that is partly based on a “black-letter” analysis of legal provisions and case law and partly on sociological jurisprudence, to assess the “law in context” via media sources and semi-structured interviews.