Indicator 13: The existing laws, in the absence of a comprehensive law on VAWG, criminalize “honour” crimes and laws prohibit harmful practices such as FGM, early marriage

There are forms of VAWG that are specific to certain cultural contexts. These include crimes in the name of “honour” and FGM.

Even if mitigated penalties for “honour” crimes have been suppressed from the penal codes of Tunisia in 1993, Lebanon in 2011, Jordan in 2017, and the West Bank in Palestine in 2018 (this reform is not applied in Gaza), there is still discrimination between spouses in this field. In Egypt and Jordan, a husband who injures or kills his wife caught in sexual act with another person, still benefits from mitigating circumstances.

Female Genital Mutilation (FGM) has been criminalized in Egypt and in Tunisia. But there is no mention of it in Algeria, Jordan, Lebanon, Morocco, and Palestine, as it is not practiced.

Early marriage is also linked to social and cultural considerations. In Lebanon, the minimum age for marriage varies according to religious communities. While it is set at 18 years for men, it is often allowed below that age for girls. For the other countries, early marriage is not authorized, and the law sets the same age to marry for both men and women: 19 years in Algeria, 18 years in Egypt, Jordan, Morocco, Palestine, and Tunisia. However, the judge can still exceptionally authorize the marriage under the legal age.

Countries

Algeria

Article 279 of the penal code provides that a person who kills or injures his or her spouse benefits from mitigating circumstances if his or her spouse was caught in sexual act out of marriage. There is no legal prohibition against FGM as it is not commonly practiced in Algeria and only some cases may exist in migrant communities. The family law sets the age of marriage for men and women at 19 years. However, in “exceptional circumstances”, the judge may approve a marriage for those under the age of 19 years.

Egypt

Article 237 of the penal code provides that a husband who kills his wife benefits from mitigating circumstances if his wife was caught in sexual act out of marriage. The penal code criminalizes FGM and considers it as an aggravating factor in the crime of causing deliberate physical injury. The child law of 2008 sets the minimum age of marriage in Egypt at 18 years for females and males. However, in “exceptional circumstances”, the judge may approve the marriage of a minor under the age of 18.

Jordan

Article 98 of the penal code which relates to killing women in the name of “honour” was amended in 2017, preventing the reduction of penalties and punishment for “honour” crimes in general. However, article 340 has not been cancelled nor amended. It stipulates that a person that catches his spouse committing sexual act out of marriage can benefit from a reduced sentence.

Although the article gives the wife the right to benefit from a reduced sentence, same as the husband, in case one of them is caught in sexual act out of marriage, the wife does not benefit from the reduced sentence unless the husband is caught in the sexual act in the marital home. There is no legal prohibition against FGM but it is not practiced in Jordan. The legal age of marriage is 18 years. However, the judge may approve a marriage of a minor who is between 15-17 years old.

Lebanon

“Honour crimes” are prohibited without benefiting from reduced penalty. Article 562 of the penal code, which allowed reduction of sentences for “honour” crimes, was repealed in 2011. There is no legal prohibition against FGM as it is not practiced in Lebanon. There is no law prohibiting 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.

Morocco

Article 418 of the penal code provides that a husband or wife benefits from a mitigated sentence if they kill their spouse caught in sexual act out of marriage. There is no legal prohibition against FGM as it is not practiced in Morocco. Under the family code 2004 the minimum legal age of marriage was raised to 18 years. The law on combating violence against women of 2018 criminalized early marriage. However, child marriages can be legalized if the family gets a waiver for the minor.

Palestine

Laws allowing mitigation of penalties for “honour” crimes were repealed in 2011 and 2018 in the West Bank. The government in Gaza has not applied the reforms. There is no legal prohibition of FGM as it is not practiced. 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. However, in “exceptional circumstances”, the judge may approve a marriage for those under these limits.

Tunisia

Article 207 of the penal code was repealed in 1993. Mitigation for “honour” crimes committed against women caught in sexual act out of marriage is no longer applied. The legal age of marriage for each is 18 years. However, it is possible in exceptional cases to conclude a marriage contract below the prescribed age after obtaining special permission from the court, which is given only for “serious” reasons and for the “obvious” interest of the spouses. Article 221 of the penal code prohibits the mutilation or partial or full removal of a woman’s sexual organ.

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2020 Regional Index on VAWG