A/HRC/52/12 public safety, order, health or morals or the protection of the rights and freedoms of others, within the meaning of article 21 of the International Covenant on Civil and Political Rights. 39. Some demonstrators had been prosecuted on charges that were unrelated to the exercise of these rights and freedoms, such as the holding of gatherings and demonstrations without prior notification and authorization, which constituted unlawful assembly and was punishable under the Criminal Code. In addition, the use of social networks and other means to publish posts and statements that constituted abuse, public insults, violations of privacy, dissemination of hate speech or discrimination was punishable by law. 40. Contrary to what had been claimed, the persons concerned had not been prosecuted under article 87 bis of the Criminal Code, which stated that the purpose of terrorism and sabotage was to undermine State security, national unity, territorial integrity and the stability and normal functioning of institutions. 41. Gender equality was enshrined in constitutional law. In the context of balancing marital rights and duties between spouses, the Family Code had been amended to give married women two ways to voluntarily break the marital bond. In addition, there was positive discrimination in favour of women to ensure that they received alimony even if they had an income, that they were granted custody of their children and that they were provided with housing in which to raise their children. 42. Lastly, regarding the criminalization of homosexuality, article 338 of the Criminal Code reflected several moral, religious, philosophical and social considerations that were closely tied to the values and principles of Algerian society. Algeria was not planning to repeal this article. II. Conclusions and/or recommendations 43. The following recommendations will be examined by Algeria, which will provide responses in due time, but no later than the fifty-second session of the Human Rights Council: 43.1 Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (Ukraine); 43.2 Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Denmark) (Estonia) (Mauritius); 43.3 Intensify efforts to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Ghana); 43.4 Ratify the International Convention for the Protection of All Persons from Enforced Disappearance, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Rome Statute of the International Criminal Court (Costa Rica); 43.5 Ratify the International Convention for the Protection of All Persons from Enforced Disappearance, and continue efforts to ensure the full incorporation of the Convention on the Rights of Persons with Disabilities into domestic legislation (Serbia); 43.6 Ratify the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Sierra Leone); 6 GE.22-27762