Lebanon

The Convention has been ratified. However, Lebanon has reservations to 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) (f) 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; (f) relating to the same rights and responsibilities with regard to guardianship and trusteeship; (g) relating to the same right to choose a family name, a profession, and an occupation.

3. Article 29 relating to the administration of the Convention and arbitration in the event of a dispute over the application of treaty provisions.

1. the Lebanese Constitution does not acknowledge the commitment to international treaties as superior to the Constitution and national laws.
2. the Constitution does not prohibit discrimination based on sex or gender. Article 7 states that all Lebanese are equal before the law and equally enjoy civil and political rights, but it does not mention sex.
3. the Constitution does not include specific provisions on women’s rights and gender equality and there are no sections that recognize and protect women’s rights. Furthermore, articles 9 and 10 give each religious group the right to regulate the affairs of its members, which causes in practice discrimination not only against women and girls but also between women and girls as they are not subject to the same legal rules.
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 all international legal obligations pertaining to women rights are as follows:

1. The penal code does not criminalize marital rape.
2. Under the nationality law, Lebanese women cannot pass their citizenship to their children or to a foreign spouse in the same way as Lebanese men.
3. Articles 539–546 of the penal code prohibit abortion, including for women who have been raped.
4. Articles 487–489 of the penal code consider sexual acts out of marriage an offence.
5. Article 523 of the penal code prohibits prostitution, but it does not ensure protection of prostituted women while penalizing the client.
6. The penal code does not prohibit early marriage. The minimum age of marriage varies among religious denominations and disadvantages girls. Although most religious groups set the minimum age as 18 for boys, all religious groups allow girls under the age of 18 to marry.
7. The personal status law for Muslims 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.
8. The labour law prohibits women from working in certain occupations considered “arduous” or “hazardous”.

There is no comprehensive law that criminalizes all forms of VAWG. Some forms are criminalized under the penal code such as sexual harassment in the public space and rape. A special law prohibiting sexual harassment in workplace was adopted in December 2020. FGM is not legally prohibited but it is believed not to be practiced in Lebanon.

Other forms of VAWG that are not comprehensively criminalized include: marital rape, early marriage, polygamy, inequality between men and women in inheritance.

There is no specific law addressing VAWG comprehensively. Main laws relevant to combating the different forms of VAWG include: the law on the protection of women and family members against domestic violence No. 293 of 2014, the penal code of 1943, the law on punishment for the crime of trafficking in persons No. 164 of 2011.

There is no specific definition of VAWG in the Lebanese legislation. Some forms of VAWG are defined under the penal code and the domestic violence law.

The parliament does not perform oversight role on public legal awareness on laws of VAWG.

The law does not guarantee access to legal aid.

The right to sexual and reproductive health is guaranteed by laws. However, abortion is illegal.

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

1. The penal code does not criminalize marital rape. The definition of rape in articles 503 and 504 of the penal code of 1943 excludes forced sex in marriage.
2. The penal code does not prohibit early marriage. The minimum age of marriage varies among religious denominations and disadvantages girls. Although most religious groups set the minimum age as 18 for boys, all religious groups allow girls under the age of 18 to marry.
3. Articles 539–546 of the penal code prohibit abortion, including for women who have been raped.
4. Under the personal status law, women do not enjoy equal rights with men in marriage and divorce. Additionally, grounds for divorce or annulment under the various sectarian personal status laws discriminate against women.
5. The personal status law allows polygamy for Muslims.
6. Under the personal status law, fathers are the sole guardians of their children, except for Armenian Orthodox couples.
7. The inheritance for Muslims, 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 penal code includes punishment of some “indecent acts” of harassment in public spaces. The labour law does not criminalize harassment in the workplace. A new law criminalizing sexual harassment in the workplace was adopted in December 2020. The law includes maximum penalties for harassment in the work place, public institutions or educational facilities. Perpetrators of harassment can be sentenced to up to two years in prison and fined up to 20 times the value of the minimum wage, which is $450.