Palestine

All articles of CEDAW have been ratified. However, family and marriage relations are not subject to a single type of legal regulation. There are two sets of legislation because of the partition of the Palestinian State due to the Israeli occupation.

The West Bank is subject to the Jordanian personal status law, while Gaza Strip is subject to Egyptian personal status law. Both discriminate against women on the issues relating to articles 2, 15, and 16.

1. the Palestinian Constitution does not acknowledge the commitment to international treaties as superior to the Constitution and national laws.
2. the Constitution prohibits discrimination based on sex or gender. Article 9 provides that Palestinians shall be equal before the law, without distinction based upon colour, sex, religion, political views, or disability.
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 Jordanian penal code (Articles 321–325), abortion is prohibited in the West Bank and in Gaza by the criminal code of 1936 (Articles 175–177).
3. Article 282 of the penal code considers sexual acts out of marriage an offence in Gaza and the West Bank.
4. Articles 309–318 of the penal code in the West Bank and articles 161–166 of the criminal code of 1936 in Gaza prohibit prostitution, but it does not ensure protection of prostituted women while penalizing the client.
5. 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.
6. The labour law and regulations include some legal restrictions on women’s employment in certain “dangerous” industries and jobs that have not been specified by the Minister 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 in the public space and rape. FGM is not legally prohibited but is believed not to be practiced in Palestine.

Other forms of VAWG that are not comprehensively criminalized include: marital rape, early marriage, polygamy, inequality between men and women in inheritance. Sexual harassment in the workplace is not addressed in the labour law.

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 in the Gaza Strip, the law of family rights of 1954 in the Gaza Strip, the penal code No.16 of 1960 in the West Bank, the personal status law of 1976 in the West Bank.

There is no specific definition of VAWG in the Palestinian legislation. However, some forms of VAWG are defined under the Jordanian penal code.

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

The law does not guarantee access to legal aid. However, there is the National Strategy for Legal Aid endorsed in 2019 that includes providing legal aid for those who are without means but not specifically for women victims of VAWG.

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.
2. Under the Jordanian penal code (articles 321–325) abortion is prohibited in the West Bank and in Gaza by the criminal code of 1936 (articles 175–177).
3. The personal status law permits polygamy.
4. Under the personal status code, fathers are the sole guardians of children.
5. The legal age of marriage for women in the West Bank is 18 years under the Jordanian personal status law while in the Gaza Strip, it is 17 years old. The ages can be lower if a judge allows it with a guardian’s approval in the case of the girl.
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 penal code criminalizes unwanted sexual conduct under article 305 which covers harassment of women in public places. The labour law does not clearly prohibit harassment of women. Under the labour law of 2000, discrimination in the workplace between men and women is prohibited. However, the labour law does not include any specific prohibition on sexual harassment or other forms of gender-based violence in the workplace.