Jordan

The Convention has been ratified. However, Jordan has reservations about the following articles:

1. Article 9 (2) relating to granting women equal rights with men with respect to the nationality of their children.
2. Article 16, (1) (c) (d) and (g): (c) relating to the same rights and responsibilities during marriage and at its dissolution; (d) relating to the same rights in matters relating to their children, and (g) relating to the same right to choose a family name, a profession, and an occupation.

1. the Jordanian Constitution does not acknowledge the commitment to international treaties as superior to the Constitution. The constitutional court issued decision no. 1 in 2020 which was published in the official gazette, becoming part of the constitution’s provisions, stipulating that “no issued law or legislation can repeal or amend a treaty already ratified by the Kingdom, and the Cabinet of Jordan cannot issue a law within the legislative framework contradicting the commitments of States Parties to a convention ratified by the Kingdom by law.”
2. the Constitution does not prohibit discrimination based on sex or gender. Article 6 prohibits discrimination against citizens based on colour, language, and religion, but it does not mention sex.
3. the Constitution does not include specific provisions on women’s rights and gender equality.
4. the Constitution does not adopt affirmative measures to realize equality of participation between men and women.

The main laws that are not in line with international obligations pertaining to women rights are as follows:

1. The penal code does not criminalize marital rape.
2. Under the nationality law No. 6 of 1954, Jordanian women married to non-Jordanian men cannot pass on their citizenship to their children or husband in the same way as men. However, the government issued a decision in 2014 which granted certain rights to the children of Jordanian women married to non-Jordanians within several sectors, as health care, education, ownership, employment, along with the issuance of special identification cards for persons falling under the category.
3. Articles 321–325 of the penal code prohibit abortion, including for women who have been raped. However, article 12 of the public health law allows abortion if it endangers the life of the pregnant woman or could lead to her death.
4. Articles 282-284 of the penal code consider sexual acts out of marriage an offense.
5. Articles 306–317 of the penal code prohibit prostitution, but it does not ensure protection of prostituted women while penalizing the client, noting that the majority of these articles address the punishment for pimping. Article 311 imposes further punishment in a pursue to ensure women’s protection from sexual exploitation and enslavement.
6. The personal status law does not ensure equal rights between women and men during marriage and divorce relating to:
   · Polygamy: Polygamy is allowed.
   · Guardianship: Fathers are the sole guardians of their children.
   · Inheritance: The inheritance, which is based on Sharia rules, provides that women’s share of an inheritance is less than men’s.
   · Divorce: Men have a right to divorce by repudiation without resorting to the court while women have access to limited types of divorce that can only be obtained from a court.
7. The labour law and its regulations impose legal restrictions on women’s employment in some occupations considered arduous or where they may be subject to health and/or safety risks.
8. The labour law prohibits women from night work except in roles specified by the Ministry of Labour.

There is no comprehensive law that criminalizes all forms of VAWG. Some forms are criminalized under the penal code such as sexual harassment and rape. Sexual harassment in the workplace is prohibited under the labour law. FGM is not legally prohibited but it is believed not be practiced in Jordan. Other forms of VAWG that are not comprehensively criminalized include: marital rape, early marriage, polygamy, inequality between men and women in inheritance, “honour” crimes.

There is no specific law addressing VAWG. Main laws relevant to combating the different forms of VAWG include: the crime prevention law, No. 7 of 1954, the penal code, No. 16 of 1960 with amendments, the law on protection from domestic violence, No.15 of 2017, the anti- trafficking law, No. 9 of 2009, the personal status law, No. 36, the amendments to law on electronic crimes, No. 27 of 2015, law of the National Council for Family Affairs of 2001.

There is no specific definition of VAWG in the Jordanian legislation. Also, there is no comprehensive definition of VAWG, whereas article 2 of the law on protection from domestic violence of 2017 defines domestic violence as “crimes committed by members of the family against any of its other members”. Some forms of VAWG are defined under the penal code and the protection from domestic violence law.

The parliament does not perform oversight role on public legal awareness on laws of VAWG. However, in a 2013 a Forum of Women Parliamentarians was established and in 2014 the parliament created a parliamentarian committee on Women and Family Affairs. There is also a Women’s Committee in the Senate. These committees hold meetings, hearings and conferences and spread awareness on women’s issues, including laws combating VAWG. They also oversee the government’s work on issues relating to VAWG.

The law includes the right to legal assistance for certain categories but not specifically for women victims of VAWG. There is a legal assistance system no. 119 of 2018 issued under article 208 of the criminal procedures law and its amendments no. 9 of 1961. The law prioritizes the categories that can receive legal assistance, as follows: juveniles, seniors, women, persons with disabilities, and then any other category specified by the minister.

The right to sexual and reproductive health is guaranteed by laws. However, abortion is illegal. Article 12 of the public health law allows abortion only if it endangers the life of the pregnant woman or could lead to her death.

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

1. The penal code and the protection from family violence law do not criminalize marital rape.
2. Articles 321–325 of the penal code prohibit abortion, including for women who have been raped.
3. The personal status law does not ensure equal rights in marriage and divorce between man and women.
4. The personal status law permits polygamy.
5. Under the personal status law, fathers are the sole guardians of children.
6. The inheritance, which is based on Sharia rules, does not guarantee the same rights for women and men.

There is no legal framework offering women legal protection from marital rape.

The concept of sexual harassment is not mentioned clearly in the penal code and is mainly restricted to the offenses of “inappropriate and indecent acts of sexual nature”, whereas article 305 states that “an indecent act of sexual nature is punishable by one month to two years if inflicted on a person under 18 years of age, male or female, b. a woman or a girl over 18 but without her consent.

Article 306 bis increased penalties for “inappropriate and indecent acts of sexual nature if committed by one of the victim’s legal guardians, or any person with legal power or authority over the victim, or if the victim is a physically or mentally incapacitated male or female, unable to resist, or was deceived”. The labour law also prohibits sexual harassment in the work place. The law allows an employee to resign from work without notice if the employee has been a victim of a sexual assault perpetrated by the employer or the employer’s representative. However, it does not grant this right if the assault is committed by another co-worker in the workplace.