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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Jordan - Session 4 - 2009 Scroll to: National Report A review of the Criminal Code is being conducted with the aim of eliminating the death penalty; the penalty is confined to a few offences and it goes without saying that it does not apply to minors or pregnant women. No death sentences have been carried out since April 2007. The right to work is guaranteed to all Jordanians without distinction pursuant to articles 6 and 23 of the Jordanian Constitution. Jordan has ratified 24 International Labour Organization (ILO) conventions, including 7 of the 8 fundamental conventions on human rights in employment. Labour laws and regulations have been introduced to provide greater protection to Jordanian and foreign workers. The Jordanian Labour Code applies to all workers, regardless of their sex, nationality, race, colour or religion. Any rights or benefits provided for under the Code apply to all workers without any distinction of any kind. This includes the right to apply to the courts to defend employment rights regulated by the Code. Under article 2 of the Labour Code of 1996, and the amendments introduced by Act No. 8 of 2008, workers are subject to the Social Security Act. The most important amendments to the Code are listed hereunder. • The fine prescribed in article 77 of the Code for breaching the rules on women's work and the employment of children was raised from JD 300 to 500. The right to education is guaranteed under article 10 of the Education Act No. 3, which provides that compulsory education shall be provided free of charge at the basic stage and for a period of 10 years in government schools. Students cannot leave school until they are 16. The Ministry of Education safeguards and regulates this right. The statistics show that the enrolment rate in Jordan is over 92 per cent and that there is no gender-based discrimination in education. The enrolment rate for all schools in the Kingdom for the 2006/07 academic year was 49.2 per cent for girls, as compared with 50.8 per cent for boys. • Remote areas of the Kingdom receive special attention as far as an equal right to education, the construction of school buildings and a varied range of specialized subjects at the secondary school level are concerned. In addition, training is offered to teachers and there are youth projects to encourage student participation in school and public life through the creation of student councils and parent-teacher councils. • The Ministry of Education, in conjunction with the Ministry of Labour and international organizations, takes action to stop children from dropping out of school. • The Government allows foreign students to study at government and private schools and also allows Iraqi students to pursue their studies, regardless of whether or not they are in possession of a valid residence permit. The Government is working on a step-by-step basis towards the goal of achieving 100 per cent health coverage. Health services are provided to citizens over the age of 60, children under the age of 6, government employees and impoverished citizens who receive financial assistance from social funds such as the National Aid Fund. The private sector also delivers high quality medical services. Indeed, many persons from Arab and non-Arab countries come to Jordan for treatment, since the country has such an advanced health sector. • Jordan has ratified the Convention on the Rights of the Child and its two Optional Protocols. It has enacted legislation which protects children's rights and safeguards children against all forms of violence and abuse in particular. It has increased the penalties for physical, particularly sexual, abuse of children, whether it occurs in the family or elsewhere and with or without the child's consent. • In 2002, laws on juveniles were enacted prohibiting the detention of juveniles in reform and rehabilitation centres for adults; authorizing the creation of a social defence bureau in each juvenile court to assist judges in decision-making with a staff made up of specialists in legal medicine, psychology, counselling and social services; designating homeless children as children in need of protection and care; extending protection and welfare procedures to include victims of domestic violence; and allowing the courts wide scope to impose alternative measures, including conditional release. • The Juvenile Monitoring Act No. 37 of 2006 was issued to replace the Provisional Juvenile Monitoring Act No. 51 of 2000. Under the Act, young persons are prohibited from engaging in activities such as smoking cigarettes, consuming alcohol or taking hallucinogenic or addictive substances. Anyone who uses a minor to sell or purchase such substances is liable to prosecution. • The law regulates juvenile labour and provides young persons with the necessary protection in conformity with the ILO Convention concerning Minimum Age for Admission to Employment (No. 138) of 1973 and the ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No. 182) of 1999. The Ministry runs continuous and extensive inspections focusing on child labour and intends to step up its efforts to provide legal protection to young persons and to increase the penalties for breaching the law on child labour whether with regard to workplace or employment conditions. • Jordan has taken in more than 700,000 Iraqis, which has placed an additional burden on all areas of life, in particular the economy. Jordan delivers health care through public and private health centres and hospitals which offer Iraqis exactly the same treatment as Jordanians. The Government allows Iraqi children to study at public and private schools, regardless of whether or not they hold a valid residence permit, and Iraqis are entitled to have full access to public facilities on the same basis as Jordanians. • The Ministry of Labour, in cooperation with the Jordanian Hashemite Fund, is engaged in a programme to get approximately 1,000 children back to school and out of the labour market. A set of directives (No. 68/1/43122 of 17 August 2008) was issued on admitting Iraqi children without valid residence permits to school and exempting them from paying school fees and for textbooks. • A set of directives (No. 68/1/44507 of 21 September 2008) was issued on dealing with children from the Gaza Strip. • A set of directives (No. 98/1/42134 of 20 September 2007) was issued exempting the children of deceased former Armed Services personnel and disabled veterans from all education costs. • A set of directives guidelines (No. 68/1/41226 of 5 September 2006) was issued on the admission of foreign students (children of Jordanian mothers). • Human rights concepts were incorporated into school curricula in keeping with the philosophy of the Ministry of Education and the Act regulating its functions. Entire units on human rights were designed and have now been introduced into all stages of study from the first to the twelfth grade. Jordan has always been committed to strengthening its continuing cooperation with the Office of the United Nations High Commissioner for Human Rights (OHCHR). It hosted the regional seminar entitled "Upholding Human Rights While Countering Terrorism" held from 27 to 29 October 2008. The event was a success and provided participants with valuable information. Jordan is always pleased to host such seminars and is committed to offering OHCHR and other organizations and specialized agencies every facility. For example, Jordan will be hosting the regional bureau of the United Nations Children's Fund (UNICEF) and the regional bureau of the United Nations Development Fund for Women (UNIFEM). 1. In 2007, the Committee on the Elimination of Discrimination against Women (CEDAW) called upon the speedily withdraw of the reservations to the Convention. In 2006, the Committee on the Rights of Child (CRC) recommended that Jordan review the nature of its reservations with a view to withdrawing them. In 1995, the Committee Against Torture (CAT) recommended that Jordan review its position concerning articles 21 and 22 of the Convention. In 1994, the Human Rights Committee (HR Committee) recommended that Jordan become party to the Optional Protocol to International Covenant on Civil and Political Rights (ICCPR- OP 1) 11 and give consideration to acceding to the Second Optional Protocol to ICCPR, aiming at the abolition of the death penalty (ICCPR-OP 2). 3. The Jordan National Centre for Human Rights (NCHR) was accredited with 'A' status in October 2007, which will be reviewed in October 2010. In 2006, CRC recommended that Jordan ensure that the Centre be provided with adequate resources and facilities to monitor and evaluate progress in the implementation of the Convention and to receive, investigate and address complaints from children. It also recommended expanding the monitoring mandate of NCHR to include all agencies of the Government, including the police and the military. The 2006 CCA noted that the Centre aims at establishing a human-rights culture; promoting non- discrimination among citizens on the grounds of race, language, religion or gender; ensuring political pluralism, respecting the sovereignty of the rule of law and guaranteeing the right to economic, social and cultural development. 4. The ILO Committee of Experts noted in 2007 that the Government set up a National Coalition for Children, including representatives of international organizations, NGOs and official institutions. The Committee also asked the Government to provide information on the functioning of the Child Labour Unit, established in 1999 within the Ministry of Labour and the measures it has taken to monitor implementation of the provisions of the Convention concerning the worst forms of child labour. 7. In 2006, CRC welcomed the adoption of the Jordanian National Plan of Action for Children for the years 2004-2013 launched in October 2004 25 and recommended that Jordan, inter alia, ensure that all activities related to the Plan of Action are clearly oriented towards the implementation of the rights of the child.26 A 2006 UNESCO report noted that the Plan of Action focuses on five components, including the protection of children in difficult circumstances. 13. The 2006 CCA noted that although the Constitution does not discriminate between men and women, tradition and social practice still limit women's progress and full participation in society. In 2006, CRC recommended that Jordan continue to address the problems faced by the girl child and suggested that local, religious and other leaders should take a more active role in supporting the efforts to prevent and eliminate discrimination against the girl child. 14. In 2006, CRC recommended that Jordan abolish the discriminatory classification of children as "illegitimate", eliminate de facto discrimination on any grounds and against all vulnerable groups of children, and prioritize social and health services, and equal education opportunities for children belonging to the most vulnerable groups. CRC also recommended that Jordan prevent and prohibit all forms of discrimination against children with disabilities and ensure equal opportunities for their full participation in all spheres of life. 15. A 2006 UNDP report noted that paragraphs 3 and 4 of article 2 of the Jordanian Nationality Law, grant Jordanian nationality to children of a Jordanian father, or children born in Jordan to a Jordanian mother, if the father is unknown or stateless. CRC recommended that Jordan review and amend the Jordanian Nationality Act (Law No. 7 of 1954) in order to ensure that a Jordanian mother married to a non-Jordanian man has the right to confer her nationality to her children equally and without discrimination. 16. The HR Committee was concerned about the excessive number of offences punishable by the death penalty as well as the number of death sentences and recommended measures to be taken towards the abolition of the death penalty. CEDAW recommended that Jordan address all forms of violence against women and girls and enact, as soon as possible, legislation on violence against women: amend, without delay applicable provisions of the Penal Code to ensure that perpetrators of "honour" crimes do not benefit from a reduction of penalty, and ensure that "honour" crimes are treated as seriously as other violent crimes in regard to investigation and prosecution. The 2006 CCA noted that the most extreme form of discrimination against women in Jordan is the officially deplored practice of "honour" killings – the murder of women (usually from within the family or clan) over accusations of "immoral" behaviour. Official figures indicate a decrease in the numbers of cases– from 21 reported in 2002, to 13 in 2003, 19 in 2004 and 5 cases up until May 2005. In 2000 and 2003, Parliament rejected efforts to repeal Article 340 of the criminal code, which provides legal protection for perpetrators of "honour" killings under certain circumstances. 21. In 2006, CRC reiterated that corporal punishment is not compatible with the provisions of the Convention and recommended that Jordan prohibit by law all forms of corporal punishment at home as well as in all other settings, effectively enforce this ban and that the draft Child Rights Act be reviewed with a view to introducing an all inclusive ban on corporal punishment. 22. CRC recommended that Jordan prevent commercial sexual exploitation of children and combat trafficking in children, inter alia, by conducting a comprehensive study to assess the nature and magnitude of the commercial sexual exploitation of children and trafficking in children, develop and adopt a comprehensive national plan of action and review and amend the provisions of the Penal Code to provide equal protection to boys and girls below the age of 18 against commercial sexual exploitation. 23. CRC noted a lack of comprehensive strategies and policies to address the root causes pushing children to the streets and recommended undertaking a comprehensive national survey of the number, composition and characteristics of children living and working in the streets. CRC also recommended continuing to take effective measures to prohibit economic exploitation of children, in particular in the informal sector and, inter alia, vigorously pursue enforcement of minimum-age standards. 24. In 2006, CRC recommended that Jordan urgently raise the minimum age of criminal responsibility to an internationally acceptable level; strengthen its efforts to implement the Juvenile Justice Reform Programme; develop and implement a comprehensive system of alternative measures in order to ensure that deprivation of liberty is used only as a measure of last resort; establish juvenile courts with appropriately trained staff throughout the country; expand access to free legal aid and independent and effective complaints mechanisms to all persons below 18 years of age and ensure that both sentenced and released persons below 18 years of age are provided with educational opportunities. A 2007 UNODC report noted it helped the Government draft a new juvenile law, leading to better conditions for juveniles in detention. 27. In 2007, CEDAW urged Jordan to eliminate the provision in article 5 of the Personal Status Act, which allows marriage of a person under 18 years, and to enforce the 18-years minimum age of marriage for both women and men, which was also subject of CRC's recommendation in 2006. CRC recommended that Jordan consider revising domestic laws to ensure that men and women have equal parental responsibilities, regardless of their marital status. 34. The 2008-2012 UNDAF noted that the poverty incidence in Jordan was reduced from 21.3 per cent in 1997 to 14.2 per cent in 2005 and there are clear indications that, by 2015, the country will achieve Millennium Development Goal 1 and targets at the national level. However, major findings of the 2006 CCA include wide regional and gender disparities and the potential risk for large segments of near-poor to fall below the poverty line. Large households, women and youth in rural areas with fewer opportunities are the most affected. CRC was concerned at the very low standard of living of many children, especially in the governorates of Mafraq and Zarqa, north-east of Amman, some districts within the capital and certain municipalities along the Jordan Valley. CRC recommended that Jordan continue to implement, as a matter of high priority, its Poverty Alleviation Strategy and other programmes for poverty reduction. 35. The 2006 CCA noted that by regional standards, Jordan has a well-developed health-care system, and has made great strides in health services over the past few decades. Still, Government spending on health amounted to only 2.9 per cent of gross domestic product in 2004 and accounts for only 8.5 per cent of the national budget. In 2006, CRC recommended that Jordan, inter alia, ensure that appropriate resources are allocated to the health sector, and continue to develop and implement comprehensive policies and programmes to improve children's health. It also recommended that Jordan, inter alia, strengthen its efforts to implement the National AIDS Programme; prevent discrimination against children infected with and affected by HIV/AIDS, and ensure that children have access to child-sensitive and confidential HIV/AIDS counselling. 36. The 2006 CCA noted that there is universal access to basic education and almost all children are in school. By the time they reach the age of 20, however, the majority of young Jordanians, both men and women, are already outside the education system. CRC recommended that Jordan, inter alia, to allocate adequate resources in order to continue taking measures to prevent children from dropping out of primary education and to increase enrolment and retention rates in secondary education. 85 It also recommended that Jordan provide access to early childhood education for every child, including children living in low-income families and families living in rural areas. A 2008 UNHCR report noted that the Government allowed all Iraqi children access to Jordanian schools, regardless of their families' residence status. 39. CRC also noted the high number of Palestinian refugees and the increasing number of Iraqi refugees, asylum-seekers and migrants in Jordan and expressed concern at the absence of a legal framework for the protection of refugee and asylum-seeking children in Jordan, and recommended that Jordan, inter alia, to accede to the relevant international legal instruments, develop a legislative framework for the protection of asylum-seeking and refugee children, particularly unaccompanied children. 47. In 2007, CEDAW recommended that Jordan develop training on the provisions of the Convention for judges, lawyers and prosecutors in order to establish firmly in the country a legal culture supportive of women's equality and non-discrimination and to conduct training programmes on leadership and negotiation skills for current and future women leaders. In 2006, CRC recommended that Jordan continue to strengthen its efforts to provide adequate and systematic training on children's rights for professional groups working with and for children; provide special training to law enforcement personnel with a view to protecting girls who are in danger of "honour killing"; and provide teachers with appropriate training to improve the quality of teachers as well as the quality of teaching methods. 48. In 2006, CRC recommended that Jordan continue to seek technical assistance from, inter alia, UNICEF, 109 UNAIDS, 110 ILO/IPEC, 111 and from the United Nations Interagency Panel on Juvenile Justice. 3. The National Center for Human Rights (NCHR) noted that despite the provision of article (5) of the Constitution which states that citizenship is to be determined by law, the legislation and the practical application relating to the right of citizenship are still faced by several factors that infringe on it due to local and regional political reasons, in particular resulting in the non- harmonization of the nationality law with the international Conventions and standards which Jordan has ratified. The NCHR also stated that there is a delay in completing the necessary constitutional measures to adopt a juvenile draft law to be consistent with the provisions of the Convention on the Rights of the Child (CRC). 6. The NCHR stated that despite the great progress achieved in the area of enhancing women's rights and the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Jordan continued to maintain its reservations on articles (9-2), (15-4) and (16-1 c, d, g) of this Convention. For the NCHR, the participation of women in the public life is still limited, especially parliamentary participation, and there are still various forms of violence against women. Similar information was provided by the NGO Coalition,which also indicated that the indirect discrimination against children and mothers through the nationality law that does not grant citizenship to children of non-Jordanian fathers, is clearly a violation of the rights of the child. The nationality law must be amended so that a Jordanian mother can ensure the citizenship of her child, thus promoting the best interest of the child. 7. The NCHR indicated that there still exist some impediments that infringe on child rights, in particular the non-existence of a national law that would protect these rights and limit the violations faced by children. 10. Human Rights Watch (HRW) mentioned that governors place women and girls threatened with domestic violence or at risk of "honor killing" in protective custody, a form of administrative detention.14 HRW recommended that the member states of the HRC should strongly urge the Government to refer all women in protective custody to the Government's Wifaq Center or alternative non-governmental shelters for women at risk of violence. The HRC should also urge the Government to abolish the Crime Prevention Law and refer all persons to the civilian prosecutor for investigation and charge where the evidence supports suspicion of criminal conduct. The Government should also ensure that current administrative detainees have effective recourse to legal counsel and to courts to challenge the lawfulness of their detention. 30. The NCHR noted that during the last years, the phenomenon of child labour has become entrenched; that there is no social insurance for the working child in spite of the dangerous and exhausting nature of jobs, and that children begging begin to take the shape of "organized business". The NGO Coalition recommended to the Government to tighten up actions and prosecution by the authorities responsible for overseeing the implementation of provisions relating to child labour. Accepted and Rejected Recommendations Jordan accepted the following recommendations: 92. 1. Within the context of paragraph 1 (a) of resolution 9/12 of the HRC, review the nature of reservations to CEDAW and the CRC (Brazil) 5. Improve the legislative and judicial sectors of Jordan particularly in the areas of gender mainstreaming, sexual harassment and economic exploitation of children (Nigeria) 9. Continue its implementation of national policies aimed at the protection and promotion of human rights (Egypt); strengthen the implementation of the Jordanian National Plan of Action for Children 2004-2013 (Afghanistan, Pakistan); pursue its efforts aimed at the promotion of the rights of the child, in addition to the implementation of the national plan for childhood (The United Arab Emirates) 16. Take further steps to address discrimination against women, minorities and vulnerable groups, including children and disabled people (United Kingdom) 17. Continue to address the problems faced by the girl child and the suggestions by the CRC that local, religious and other leaders should take a more active role in supporting the efforts to prevent and eliminate discrimination against the girl child (Turkey) 21. Continue looking into the promotion of the status of women with a view to ensure that violence and all sorts of discrimination against women are effectively eliminated and in line with international standards (Sweden); continue its efforts to address all forms of violence against women and girls (Brazil); enact legislation in order that violence against women constitutes a criminal offence, that women and girls who are victims of violence have access to immediate means of redress and protection, and that perpetrators are prosecuted and punished (Norway); increase the number of home shelters in order to replace "protective custody" for women at risk of violence (Norway); establish a shelter system for victims of domestic violence and undertaking public awareness campaigns against domestic violence (Lithuania) 93. 6. Follow-up on the recommendations made by CEDAW to address all forms of violence against women and girls, adopt and enact legislation in this area (Slovenia, Mexico); redouble its efforts to fight against crimes of honor, through public awareness and punishment of perpetrators and ensure that measures of protection for potential victims be determined with their full participation (Mexico) No recommendations were left pending The following recommendations were rejected by Jordan: 94. Paragraph 48(c) (Chile): "To lift reservations to the Convention on the Rights of the Child (CRC)" Paragraph 66(b) (Japan): "Recommended considering amendment of the Jordanian Nationality Act with respect to the right of children to a nationality, as the law currently does not allow a Jordanian mother married to a non-Jordanian man to confer her nationality to her children"
11th February, 9am to 12pm
Compilation of UN information
Stakeholder Compilation
Accepted and rejected recommendations