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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. Scroll to: ______________________________________________________________________________ UN Special Rapporteur on Violence Against Women Unemployment: Jordan has a very high dependency ratio, with approximately four non-economically active persons per worker.5 Unemployment among young persons and women is a particular challenge. This is due to a very young population (37 per cent under the age of 15 in 20096), but also to the low participation of women in the economy. The total economic participation rate in Jordan is 40.1 per cent of the population, and the rate for female economic participation is 14.9 per cent.7 It is estimated that in 2009 the unemployment rate reached 24.1 per cent among females, compared to 10.3 per cent among males.8 There is also a high concentration of unemployment among young persons, with 42.8 per cent of unemployed women and 50.1 per cent of unemployed men being in the 15-24 age group. (Paragraph 7) Domestic Violence: Other limitations arise from the definitions used to classify the information, as most institutions focus on ―family violence‖ and not specifically on violence perpetrated against women. Furthermore, challenges relating to underreporting prevent the authorities from having an accurate picture of the phenomenon in the country. Reasons for underreporting include, among others: fear of family fragmentation, fear of losing custody of children in the case of divorce, and fear of affecting the family’s reputation. (Paragraph 13) According to statistics from the Family Protection Department (FPD), 6,236 cases of violence against women and children were examined in 2011.17 Of these cases, 27.5 per cent (1,664 cases) were transferred to the courts, 61 per cent (3,782 cases) were transferred to the Department’s Social Services Office, and 12.5 per cent (790 cases) were transferred to governors. The total amount of cases handled by the Department has steadily increased, from 4,312 cases in 2008 to 6,416 in 2009, and 8,605 in 2010, with cases of violence against adult women increasing from 675 in 2007 to 1,306 in 2010. However, the proportion of cases referred to the above-mentioned institutions (courts, social services and governors) has largely remained unchanged.18 (Paragraph 14) Since 2007, the Department has examined 8,028 cases of sexual, physical and other forms of violence against women and girls. Of the 4,975 cases involving adult women, 1,061 were cases of sexual abuse, and 3,914 were cases of physical abuse. It is clear that these statistics show a steady increase in the total number of cases received by the Department, but it is unclear if this increase is a result of greater awareness and reporting among victims, or an increase in the prevalence of family violence. (Paragraph 15) With regard to sexual violence, most interviewees stated that this is not a major problem in the country. According to information provided by NCHR, there were 67 reported cases of rape during 2010. The women’s movement managed to push for changes in the Penal Code during 2010 and penalties were increased for perpetrators in cases where victims are under the age of 18, have a disability or are under the care or legal authority of the perpetrator. Through Law No. 8 of 2011, article 292 of the Penal Code was amended to include harsher sentences for all cases of rape, and particularly for cases in which victims are minors. Marital rape is not a crime under the Penal Code. (Paragraph 17) Finally, specific structures to address violence in the family have been established at the ministerial level in at least three crucial ministries: (b) The Ministry of Social Development is the main institution in charge of providing women victims of violence with services, in cooperation with non-governmental organizations. In 2007, the Ministry established the Dar Al Wifaq shelter to provide lodging and protection for women victims of domestic violence and their children. It is currently leading intergovernmental efforts to establish a new centre for, in particular, women who are at risk as regards so-called honour killings. As with most of the institutional efforts to address this issue, the main goal of the Ministry is to achieve family reconciliation between survivors and their families; (c) Within the Ministry of Health, the Woman and Child Health Directorate has a specific section on domestic violence, which has designed and disseminated specialized manuals and training for medical service providers to identify and refer cases of family violence against women and children. Pilot programmes have been launched in three hospitals and six health centres in Amman, Zarka and Irbid, and Family Protection Committees have been established in each of these institutions, with specialized medical staff in collaboration with forensic medicine specialists. The Forensic Medicine Directorate within the Ministry has played a pivotal role in raising awareness and providing technical expertise in the identification and proper handling of domestic violence cases. (Paragraph 78 b and c) Honour Killings: An important gain made by the women’s rights movement was the amendment of article 340 of the Penal Code in 2001, which no longer exonerates perpetrators of crimes committed in the name of ―honour‖. However, perpetrators of such crimes may still get more lenient sentences under other Penal Code articles, such as article 98, which reduces penalties for crimes committed in a fit of rage, and article 99, which reduces by half a perpetrator’s sentence when he is excused by the victim’s family. Interviews with women at risk in both the Juweidah Reform and Rehabilitation Centre and the Dar Al Wifaq women’s shelter revealed that family members, particularly younger brothers, are the main perpetrators of violence and killings committed in the name of honour. Both activists and government officials explained how families who are already grieving the loss of their daughters, and wishing to avoid further pain, might decide to renounce their right to seek justice and have the perpetrator released from prison earlier. According to a study conducted by NCFA, of 50 cases of murder of women committed between 2000 and 2010, in 78 per cent of the cases perpetrators benefited from reduced sentences due to families waiving their personal rights.2 (Paragraph 25) While perpetrators of honour killing may still benefit from some loopholes in the law with regard to sentencing, some criminal courts have increasingly issued stricter sentences of up to 10 years in prison. Additionally, the amendments made to the Penal Code in 2011 created article 308 bis, which establishes the inadmissibility of mitigating factors if the victim is under 18 years old (A/HRC/20/16/Add.5). Furthermore, in July 2009 the Ministry of Justice established specialized units within five courts to hear cases involving so-called honour crimes, which will hopefully create more responsive jurisprudence on the matter and improve and expedite efforts to bring perpetrators to justice. (Paragraph 26) Palestinian Refugees: The Special Rapporteur visited Jerash camp, near Amman, where a large number of ex-Gazan refugees live and where she met with refugee women, service providers, teachers and young refugee students. Most of the interviewees are part of a third generation of ex- Gazan refugees who were born and raised in Jordan. (Paragraph 40) With regard to higher education, Gazan refugees are considered as international students, which means they have to pay higher fees in both undergraduate and postgraduate programmes at universities. The only exception is for those refugees who manage to obtain a seat through a Royal Quota that reserves 5 per cent of public university seats for refugee camp residents in the country. It is therefore very difficult for ex-Gazan refugee girls to find a place in public university, and if they do, it is not necessarily in the faculty of their choice. For most of them, the prospect of attending private university is unthinkable due to the impossibility of paying the high fees (Paragraph 43) During interviews with ex-Gazan refugee girls and women, the Special Rapporteur heard about the effects that these restrictions have on refugee women, particularly in terms of facing extra pressure to marry early as a means to lessen the economic burden on their highly disadvantaged families. Another concern shared by refugee girls in Jerash is how parents sometimes prioritize the education of their male children, because (a) it will be easier for the young men to find jobs, and (b) they feel their daughters will ultimately get married and, if employed, will contribute their salaries to their husband’s families, and not their own. (Paragraph 45) This forces refugee girls and women to perpetuate a cycle of economic dependence on their male relatives and restricts them from achieving the financial independence that would be required for them to gain their own livelihood, which is particularly important if they face a situation of abuse. (Paragraph 46) Interviewees confirmed that violence within the community is rare, and that women and girls are rarely disrespected or assaulted by men in the camps. Girls know their families and the community as a whole will stand by them and protect them if such a situation occurred. However, refugee women do not enjoy the same kind of support with regard to violence occurring within the family, as the community still regards this issue as a private matter that will bring shame to the family if disclosed. Some interviewees explained that domestic violence is accepted and sometimes even justified by the society as a form of discipline. This largely restricts victims from speaking out and seeking support. Refugee women face an additional layer of fear, due to their disadvantaged position before the authorities. They will not reach out to the available support systems, such as those provided by the Family Protection Department, as this is part of the Public Security Directorate and reporting would, in their view, open up a door for further scrutiny and control of their communities by the police. (Paragraph 47) Iraqi and other non-Palestinian refugees: Refugee women are affected by the same conservative attitudes that prevent Jordanian women from taking full advantage of their legal rights and that stigmatize victims of abuse. Refugee women also suffer from legal inequalities with respect to marriage, divorce and child custody. With regard to sexual and gender-based violence, not only do refugee women fear the same social stigma and shame associated with these types of crimes, but their unwillingness to report and seek justice is exacerbated by the uncertainty of their status in the country. (Paragraph 51) Legislative Framework: Furthermore, the approved Constitutional amendments included the addition of the following text in article 6: ―”The family is the foundation of the society. It is founded on religion, morals and patriotism. The law preserves its legal entity, strengthens its ties and values, protects under it motherhood and childhood and cares for youth and people with disabilities and protects them from exploitation.”This text further entrenches a traditional view of women as mothers and as individuals in need of protection. (Paragraph 56) In 2003, the interim Passports Act was enacted, which allowed women and their children to obtain passports without the written permission of their husbands. Accordingly, in August 2009, Jordan lifted its reservation to article 15, paragraph 4, of the Convention. Following her country visit, the Special Rapporteur was informed that the 1969 Passport Act was being reviewed to incorporate the provisions of the interim Act through the proper constitutional channels.49 However, while this review is being completed the temporary Act has been annulled, including provisions allowing women to obtain their own passports, to travel, and to choose a place of residency without the consent of their guardians . (Paragraph 58) Nationality: Under the current Nationality Act (No. 6 of 1954), only Jordanian men can transmit their nationality to their children or their foreign spouse. Jordanian women do not enjoy this right when marrying a foreigner, although they may retain their nationality. According to Act No. 24 of 1973 on Residence and Foreigners’ Affairs, children and spouses who are not Jordanian nationals require a yearly residency permit to access government health services and must pay individual annual residency fees. Arguments in support of these provisions include that allowing women to transfer their nationality would encourage the immigration and assimilation of foreigners, which, in the case of women married to Palestinian men, would affect efforts to secure the right of return. (Paragraph 60). Child Custody: Matters of personal status for Muslims in Jordan, including marriage, divorce and child custody issues, fall within the jurisdiction of sharia law, on which the Personal Status Act (No. 61 of 1976) is based. (Paragraph 61) As regards child custody within marriage, the Personal Status Act only allows for men to act as guardians of children. After a divorce, a woman has custody of her children until they reach the age of puberty and children then decide who they wish to live with. If a woman remarries, she will lose custody of her children, who will return to their father or his family. Even when the mother has custody of a child, the father is still considered to be the legal guardian and final decision-maker with regard to issues such as the child’s education. The Act also allows fathers to prevent their children from travelling abroad with their mothers. (Paragraph 66) Early Marriages: Amendments made to the Personal Status Act in 2001 and 2010 have introduced a number of changes for women, which are considered extremely positive by several advocates, as they refer to controversial issues that had not been open to discussion previously. For example, the minimum age of marriage was increased for both boys and girls to 18 years of age. However, the Special Rapporteur was informed that the marriage of a girl over 15 years of age can still be approved by a judge if he or she finds such marriage to be in the best interest of the girl. This provision is exclusive to girls and therefore highly discriminatory, as it reinforces views of girls having different rates of physical and intellectual development than boys, and further obstructs girls’ possibilities of completing their education before marriage (Paragraph 63) Recommendations: The Special Rapporteur recommends that the Government: (b) Amend the Nationality Act to grant Jordanian women the right to confer their citizenship on their children, and remove the reservation to article 9 of the Convention on the Elimination of All Forms of Discrimination against Women with regard to granting equal rights to women with respect to nationality; (c) Enact a new and permanent passport act that recognizes the right of women to obtain passports for themselves and their children without the written permission of their husbands or guardians, as well as to travel and choose their place of residency; (d) Approve additional amendments to the Personal Status Act to ensure that women enjoy equal right as men in issues relating to marriage, divorce and child custody; eliminate the Welaya (guardianship) system for adult women; and remove reservations to article 16, paragraph 1 (c), (d) and (g), of the Convention on the Elimination of All Forms of Discrimination against Women; ______________________________________________________________________________ UN Special Rapporteur on Torture International Obligations: The Special Rapporteur notes that Jordan is a State party to the major United Nations human rights treaties prohibiting torture and ill-treatment, including the International Covenant on Civil and Political Rights (ICCPR); the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child (CRC). Jordan is also party to the Geneva Conventions of 12 August 1949, and the Rome Statute of the International Criminal Court. Jordan is not a party to the Optional Protocols to the ICCPR, concerning the right of individual petition and the abolition of the death penalty, nor has it recognized the competence of the Committee against Torture (CAT) to consider complaints from individuals by making the declaration under article 22 of the Convention against Torture. Jordan is also not a party to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) providing for a system of preventive visits to all places of detention. (Paragraph 9) Prolonged Detention: The only prison where the Special Rapporteur did not receive allegations of ill-treatment is Juweidah (Female) Correction and Rehabilitation Centre, where he was satisfied with the commitment of the prison management to the well-being of the inmates. Nevertheless, the Special Rapporteur, after talking to women concerned, is highly critical of the current policy of taking females under the provisions of the Crime Prevention Law into “protective” detention because they are at risk of becoming victims of an honour crime. According to the Special Rapporteur, depriving innocent women and girls of their liberty for as long as 14 years can only be qualified as inhuman treatment, and is highly discriminatory. (Paragraph 39)
Please note that the language may have been edited in places for the purpose of clarity.
Rashida Manjoo
(A/HRC/20/16/Add.1 )
Country visit: 11 to 24 November 2011
Report published: 14 May 2012
Manfred Nowak
(A/HRC/4/33/Add.3 )
Country visit: 25 to 29 June 2006
Report published: 5 January 2007