Legal Protection of Women’s and Children’s Rights under Algerian Family Law Hanafi Hadj

Abstract

This article aims to analyze the legal framework established by the Algerian legislator to protect the rights of women and children within the scope of family law and to examine the extent to which this protection is consistent with constitutional principles and international commitments. The research problem lies in the tension between the religious foundations governing the substantive rules of family relations and the requirements of equality and the principle of the best interests of the child as embodied in international conventions. The study adopts an analytical approach to legal texts, supplemented where necessary by a comparative method, based on an examination of Law No. 84-11 and its amendments, together with complementary legislation. The article is organized around three main themes: the conceptual and normative framework of protection; the protection afforded to women during the marital relationship and upon its dissolution; and the protection of children with regard to filiation, custody, maintenance, kafala, and criminal safeguards. The study concludes that the Algerian legislator has provided advanced substantive and procedural protection. Nevertheless, the effectiveness of these guarantees remains dependent upon strengthening enforcement mechanisms and revising certain provisions that continue to perpetuate disparities in the legal status of spouses and shortcomings in some aspects of child welfare.