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Death Registration
Tunisia
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Tunisia
Death Registration
Procedure and Certificates
Procedure and Certificates
Place
Where must deaths be reported?
Place of residence
Recommended Practice based on International Guidelines
Registration may be place of occurrence of place of residence. The law should clearly state where deaths must be reported for purposes of registration.Reporting in the place of occurrence usually makes the registration process faster and easier for the informant, and also allows reporting of death at health facilities. Countries with electronic systems for civil registration may allow more flexibility and allow reporting from anywhere the civil registration system can be accessed.
Under Article 44 of the Law No. 1957-3 of 1957 Regulation of Civil Status, the death record is "drawn up by the Civil Status Officer of the district where the death took place."
However, under Articles 46 and 49, if the death occurred in place other than the municipality where the deceased resided, the Civil Status Officer who drafted the death record is required to send a copy of the document to the Civil Status Officer in the jurisdiction where the deceased last resided. The document is then transcribed into the death register of the jurisdiction of the deceased's residence. Therefore, deaths are registered in the place of residence of the deceased.
What are the reporting time periods for death registration specified in the law?
3 days
Recommended Practice based on International Guidelines
The time period for reporting a death should be as short as possible, to facilitate accurate and current registration. Time periods vary by country, but are usually 3-5 days. Deaths in health facilities may have a shorter reporting deadlines. It is important to have uniform time periods across the country to register deaths. A late death registration occurs when a death is reported after the legally specified time period but within a grace period, usually one year after death. Delayed registration occurs after the expiry of grace period (after 1 year). Late notification should be permitted with a valid notice of death or alternative documentation that is not too burdensome, such as affidavit of witness or record of burial/cremation. Delayed registration may require additional evidence.
The deadline for reporting deaths is three days, pursuant to Article 43 of the Law No. 1957-3 of 1957 Regulation of Civil Status. After this deadline, the Registrar requires a decision from the President of the Court of First Instance to record it.
Are there any fees for on-time death registration?
No
Recommended Practice based on International Guidelines
It is not recommended that fee be charged for the timely registration of a death. To encourage registration, the legislation should clearly state that registration of a death within the time period prescribed by the law is free of charge.
Are there any fees or sanctions for late or delayed death registration?
Yes
Recommended Practice based on International Guidelines
Fees and sanctions for late or delayed registration discourage and disincentivize registration. If fees are applied to late or delayed registration policymakers should consider a fee-waiver for those for whom fee payment is a hardship. More effective results to increase registration rates are observed through educational programmes aimed at the public. Some countries have opted to impose a penalty for failure to register or, more precisely, refusal to register, rather than impose a fee for late registration.
The law does not explicitly impose fees or sanctions for late or delayed death registration. However, no body may be buried without a burial permit from the civil registration officer, which is issued free of charge by the Registrar upon declaring the death for registration. The penalty for burial before (or without) reporting a death is imprisonment of six days to six months or a fine of three thousand francs or both.
What is the minimum information required by law to register death?
Minimum information required goes beyond UN recommendations but registrar has discretion to register death without all information
Recommended Practice based on International Guidelines
The information required for legal purposes is minimal, and usually consists of: Name of deceased; place and date of birth; place and date of death; sex; unique personal identifier.
Article 47 sets out that the death record shall state the date, time and place of death; the first name, surname, date and place of birth, occupation, domicile and nationality of the deceased; the first names, surnames, occupations, domiciles and nationalities of the deceased's father and mother; the first name and surname of the other spouse, if the deceased was married, widowed or divorced; the first name, surname, age, occupation and domicile of the person registering the death and, where applicable, their relationship to the deceased. A caveat is provided, reading "all of the above, as far as can be ascertained."
What evidence or documents are required for on-time death registration?
Medical Certificate of Cause of Death
Recommended Practice based on International Guidelines
Registrars should require proof as to the veracity of the information to be registered. Proof or evidence required for registration must be sufficiently stringent to provide assurance of the accuracy of the information without being so burdensome as to discourage or prevent registration. Documentary evidence is always preferred. Ideally all deaths will have an accurate, detailed medical certificate of cause of death (MCCD). However, in many contexts this will not be possilbe. Lack of MCCD should not prevent death registration; evidence of fact of death should be sufficient to register death. Evidence of fact of death could be a notification of death or other similar document, Witness Statement or other similar evidence.
Are there additional or alternative documents required for late or delayed death registration?
Yes
Recommended Practice based on International Guidelines
While late and delayed reporting should be discouraged, the procedures should not be so restrictive as to prevent late and delayed reporting of events. Late registration (within 1-year grace period) can be permitted with notice of death or similar document. If such a notice is not available, the law may stipulate what alternative documentary evidence of fact of death may be accepted, such as affidavit from witness or record of burial or cremation. Declaration delayed by more than one year may require recourse to judicial procedures and decisions. However, to increase death registration rates, consideration should be given to creating a non-judicial procedure for delayed death declaration, with the provision of adequate documentation proving the fact of death.
The deadline for reporting deaths is three days, pursuant to Article 43 of the Law No. 1957-3 of 1957 Regulation of Civil Status. After this deadline, the Registrar requires a decision from the President of the Court of First Instance to record it.
