Home > 6 Political parties > TUNISIA - Opinion on the Draft Institutional Law on the Organisation of Political Parties and their Funding
 
 
 
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Paragraph 7
 

While acknowledging that Tunisia is not legally bound by the Council of Europe’s standards, in line with its established practice, the Venice Commission refers in this opinion to the above-mentioned standards, including the ECHR and the corresponding case law of the European Court of Human Rights. From the outset, it would point out that political parties are associations and, as such, they – and their members – enjoy freedom of association as defined by Article 11 of the ECHR and by other international human rights treaties, in particular Article 22 of the ICCPR. In accordance with Article 11 of the ECHR and Article 22 of the ICCPR, freedom of association may only be restricted by law, for one of the listed purposes and to the extent “necessary in a democratic society”. Pursuant to Principle 7 of the Guidelines on Freedom of Association, “associations shall have the freedom to seek, receive and use financial, material and human resources.” However, this freedom is subject, inter alia, to requirements “concerning transparency and the funding of elections and political parties, to the extent that these requirements are themselves consistent with international human rights standards.”