PROLOGUE...7 A. JORDAN REPORT...11

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1 PROLOGUE...7 A. JORDAN REPORT...11 I. PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY IN JORDAN Legal and social discrimination against women in Jordan Lobbying for Equal Social Rights: The National Programme of Action on the Provisional Personal Status Law Violence against women...23 ΙΙ. INSTITUTIONS/NGOS/MECHANISMS OF PROTECTION OF WOMEN S RIGHTS The Jordanian National Commission for Women Other NGOs...37 ΙΙΙ. ACTIONS FROM THE PART OF THE GOVERNMENT / NGO S Jordanian Women Union Legal counseling center for awareness raising, created by the Jordanian National Forum for Women...49 IV. INHERITANCE RIGHTS CASE STUDY General Introduction to the country Women and early social systems in Jordan - Jordan s early history Women and Modern Social structures Women and the law in Jordan Discrimination in practice - The gap between policy and practice Women and domestic violence The social, economic and political context in which women pursue their inheritance rights Conclusions Recommendations re inheritance rights:...99 V. CONCLUSIONS B. REPORT GREECE - EUROPEAN UNION I. CONSTITUTIONAL AND LEGAL FRAMEWORK FOR THE PROMOTION OF GENDER EQUALITY Constitutional Safeguards for the promotion of the principle of gender equality Family law Violence against women II. INSTITUTIONS...125

2 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW 1. Administrative structures Legislative committees - The Permanent Parliamentary Committee for Equality and Human Rights The Greek Ombudsman a new mechanism for protecting rights..129 III. POLICIES (GREECE AND EUROPEAN UNION) Greek policies on Gender Equality EU gender equality policies IV. CONCLUSIONS C. ACTION PLAN ANNEXES ANNEX Ι: THE AMENDED ARTICLES IN THE JORDANIAN CONSTITUTION FOR THE YEAR ANNEX II: INHERITANCE RULES UNDER ISLAMIC LAW ANNEX III: ARTICLES OF THE GREEK CONSTITUTION RELATED TO GENDER EQUALITY ANNEX IV: RESOLUTION ON THE NEED TO ESTABLISH A EUROPEAN UNION WIDE CAMPAIGN FOR ZERO TOLERANCE OF VIOLENCE AGAINST WOMEN ANNEX V: HANDBOOK ON NATIONAL MACHINERY TO PROMOTE GENDER EQUALITY AND ACTION PLANS - GUIDELINES FOR ESTABLISHING AND IMPLEMENTING NATIONAL MACHINERY TO PROMOTE EQUALITY, WITH EXAMPLES OF GOOD PRACTICE ANNEX VI: COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS: TOWARDS A COMMUNITY FRAMEWORK STRATEGY ON GENDER EQUALITY ( )

3 Prologue Promotion of women s rights and establishment of full gender equality is the object of several efforts undertaken at international and national level. Measures to promote gender equality include adoption of positive measures to strengthen women s participation in social, economic and political life as well as gender mainstreaming in all national policies. Gender mainstreaming was specifically stressed as a tool to promote gender equality by the 4 th World Conference on Women held in Bejing in At international level the Convention on the Elimination of Discriminations Against Women (CEDAW), adopted in 1979 by the United Nations General Assembly, forms the main binding international text towards achieving equal rights for men and women and eliminating all forms of discriminations based on gender. It serves as an orientation for public polices related to or affecting gender. At European level, one of the objectives of the European Union is to promote equality between men and women, while gender equality forms one of major fields of action of the Council of Europe. The adoption of international conventions, and specific actions organized and implemented on behalf of international organizations shows the significance of further promoting gender equality, irrespective of the degree of advancement achieved at national level: Even in countries where de jure equality is well established, women are phased with many difficulties: Due to existing societal structures they stand under continuous pressure by having to perform different roles as family members, mothers and members of the work force. Further to this, even in more advanced societies, women see very often

4 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW their human rights diminished by being subject of criminal activities such as violence or trafficking. Since women encounter similar difficulties in promoting their rights in society, strengthening of links between civil society organizations from different countries through exchanging of views, experiences and best practices can prove a very effective tool for promoting gender equality in all countries involved. This need forms the background for the initiative undertaken by the Centre for European Constitutional Law Themistocles and Dimitris Tsatsos Foundation to design and implement, under close cooperation with the partner institution, the Jordanian Non-Governmental Organisation Queen Zein AL Sharaf Institute for Development (ZENID), a project entitled Enhancing women participation in social and economic life in the Hashemite Kingdom of Jordan. The project had a 10 month duration and was supported by Hellenic Aid, the Development Agency of the Greek Ministry of Foreign Affairs. The present study was elaborated as part of the project s activities. Its specific aim is to present and critically analyze the framework of promoting gender equality in Jordan, Greece and in the European Union. The study consists of three parts. The first part comprehensively presents and analyses fields considered in Jordan as priority issues in achieving gender equality, such as amendment of discriminating laws, combating violence against women, creation of mechanisms to enhance women participation in public life etc. The second part of the study includes a presentation of the framework concerning gender equality in Greece and in the European Union and 8

5 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY focuses especially on case studies from Greece and the EU relating to women empowerment. The third part draws conclusions and tries to identify ways for further activities in order to ensure complementarity and improved impact of activities related to women participation in political, social and economic life of Jordan. Proposals are presented in the form of an action plan which was elaborated in close cooperation between experts on Jordanian and Greek sides. 9

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7 A. Jordan Report I. Priority issues for achieving gender equality in Jordan 1. Legal and social discrimination against women in Jordan 1.1. Introduction The principle of equality before the law is enshrined in both the Jordanian Constitution of 1952 and the National Charter of The texts of the Jordanian legislation apply to all Jordanians in general, without any discrimination on grounds such as sex, language, religion, age, or colour. Article (6) of the Constitution stipulates that Jordanians are equal before the law, without any discrimination among them in regard to their rights and obligations on grounds of race, language, or religion. Section (1) paragraph (8) of the National Charter stipulates that all male and female Jordanians are equal before the law, without any discrimination among them in regard to their rights and obligations on grounds of race, sex, language or religion. Internationally, Jordan has ratified and therefore declared its commitment to more than 18 Human Rights conventions, the most distinguished of which are the Convention on the Elimination of All

8 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW Forms of Discrimination Against Women, and the Convention on the Rights of the Child. Since July 1992, Jordan is a party to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which is considered as an international Bill of Rights for women, and a moral criterion for accepted standards of women s rights on the legal, social, cultural, economic and political levels. The Government of Jordan has expressed its reservations to 3 articles of the CEDAW Convention, namely: article 9, para. 2 on Nationality, article 15, para. 4 on legal capacity, article 16, paragraphs c, d, f on marriage and family life. These reservations echo some of the discriminatory issues to be highlighted below. On the other hand, CEDAW has a number of common stipulations that are echoed in the Jordanian laws and legislation such as: Reiterating the rights and freedoms cited in the different international conventions to which the Government of Jordan is a party. Reiterating the provisions of national laws regarding the rights of Jordanian citizens to freedom of belief, thought and religion. Flexibility of provisions to suit national circumstances and specific national laws. Therefore, with regard to Jordanian laws and legislation, it appears to be evident that the majority of these have provided for nondiscrimination between males and females in all fields. However, it is on the grounds of prevailing traditions, customs, deep-rooted cultural practices, legal misconceptions and religious 12

9 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY misinterpretations that the discriminatory practices against women are still prevalent Key Issues Affecting Women s Rights in Jordan: Key issues that are critical for the status of Jordanian women and impede their progress could be divided into legal issues and societal issues, as briefly highlighted below: Issues of Legal Discrimination As regards discrimination there is a complete absence of any legislative measures to date which ban discrimination against women, or stipulate penalties for discriminating actions emanating from any governmental or non-governmental party. In the field of nationality consent of male guardian is needed for issuance of passport. There exists no right to transfer nationality to own children if married to non Jordanian. Recommended Measures: - Cancellation of the condition of the male guardian consent by the government as had already been promised. - Amendment of Nationality law to include the right to nationality for at least the human cases of widowed and divorced women. The Penal Code - Texts generally apply to males and females, with the exception of a few articles, notably article 340. Article 340 grants male perpetrators ameliorating and exonerating factors when killing female relatives to wash the family s 13

10 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW shame. This equals to granting license to kill without legal responsibility and contravenes with Article 6 of the Constitution. Article 340 had been amended through a temporary law which subsequently failed to be passed by parliament. This legal discrimination has a very negative impact on women s situation, especially as regards Violence Against Women. Various indications point out to the existence of the problem of VAW in Jordan. Another disturbing phenomenon in this regard is the one referred to as women in safe custody, closely related to the phenomenon of crimes of honour. Women in Safe Custody are women and girls accused of adultery or moral misdemeanors who are kept in prison in order to be protected by their families revenge. Recommendations in this regard: - Abolishing article 340 of the Penal Code due to its misuse and abuse, its discriminatory nature, and its actual contradiction to Islamic Shari a laws, in addition to the Constitution. - Penalizing guardians of women in custody, who get killed after their release, with greater severance. - Enforcement of payment of indemnity for parents of victims who breach their guarantees to preserve lives of their female relatives released from government custody. - Establishment of a shelter for women victims other than prisons. There are indications that Jordan Government is currently considering all these measures, and the shelter project is said to be underway. 14

11 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY Education - Gender stereotyping in school curricula still exists. Vocational training for girls is still limited in fields. School leaving problem still prevails, especially among females. Illiteracy rates are higher for women and they are produced by early marriage and school-leaving. Recommended Measures: - Amending present school curricula (currently being implemented). - Stipulating firm and severe measures against parents of school - leavers. - Strictly monitoring and enforcing minimum legal age of marriage. Marriage and Family Laws - Marriage and Family Relations in Jordan are regulated by the Personal Status Law. Amendments are needed with regards to issues pertinent to polygamy, arbitrary divorce; alimony; custody; right to work; women s legal capacity; etc. Recommendations for amendment of about 12 issues in the Personal Status Law were presented by the Jordanian National Commission for Women (JNCW) to the competent government authorities and still await action. Political and public participation: There is still limited political and public participation of women in spite of nondiscriminatory laws and legislation. This is due to existing values, traditions and social beliefs and causes vary between discriminatory social practices and burden of family responsibilities. 15

12 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW Recommended Measures: - Establishment of a special quota for women not less than 20% (article 4 of CEDAW encouraging adoption of temporary measures for women representation). - Elections law was recently amended to include 6 seats for women, far less than women s ambitions in this regard. Economic and Social Benefits - Discriminatory social security and health insurance laws stipulating benefits that exclude women s children and husbands. Retirement laws exclude women s dependents and beneficiaries from automatic inheritance after their decease, on equal basis with men. Lack of support services to women employees in the Civil Service Law. Married women are considered single in the eyes of the Jordanian laws and legislation. Especially as regards rural women contributions of rural women are not accounted for in national statistics. Rural women have limited access to credit, loans, and marketing facilities. High illiteracy rates and limited technical experience exists. Meager land ownership: Many women (especially rural women) make concessions of their lands to the male family members. Recommended Measures include amendment of laws based on suggestions of the Legal Committee emanating from JNCW, some of which were recently amended through temporary laws, but are not yet passed and endorsed by recognized legislative procedures, i.e. Parliament decree, and therefore not published in the official Gazette. 16

13 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY Issues of Societal Discrimination Women s issues are, in fact, social issues and cannot be dealt with in isolation, and the progress of women needs joint forces of all society members, men and women. However, discriminatory practices against women prevail in society and impede their progress, even in the presence of non-discriminatory laws. Some of these issues are highlighted below: Authoritarian society exerts pressures on women inside and outside the house. Non- emancipation of society from faulty notions and old tales about women. Imprisoning women into their traditional reproductive role. Women themselves tend to perpetuate their lower status and the discriminatory practices against their gender and contribute to transferring misconceptions about themselves to their offspring - males and females - through their own upbringing. Women generally refrain from utilizing the rights they gained such as elections rights, inheritance rights, etc. Women still shun a variety of fields of work traditionally considered as man s domain, not as much because they are prohibited by law, but because these trends are dictated by social values and old traditions. Women have still weak belief in their own strength as a human force constituting half of the population. 17

14 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW Recommended measure in this regard Societal changes require legal reform as well as a lengthy process of awareness raising programmes that involve all society, starting from children schools across all educational levels. Efforts of social and religious leaders need to be united and orchestrated Future Perspectives: There are some positive indications towards women s advancement in Jordan: Establishment of national, governmental, semi-governmental and non-governmental institutions involved in protecting women s human rights such as - National Centre for Human Rights, Royal Commission for Human Rights, National Committee for Human Rights Education, Family Protection Department, Public Security Directorate, National Commission for Women, 1992 On the Non-Governmental Level - Arab Organization for Human Rights- in Jordan, Committee for Rights and Public Freedoms, Jordan Society for Human Rights, Jordan Society for Citizen s Rights, Human Forum for Women s Rights,

15 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY - Sisterhood Is Global Institute, SIGI-Jordan, Mizan- Law Group for Human Rights, 1998 Positive National Procedures underway: The continuous efforts of the National Commission for Women and various women groups to implement suggested amendments to 17 Jordanian laws in favour of women should also be stressed. National plans to establish a shelter for female victims of violence, through joint governmental and non-governmental efforts are underway Concluding Remarks The Jordanian woman has failed to occupy all decision- making positions, in spite of her readiness and capacity to do so. The greatest achievements of women in Jordan were a result of the higher political will in the country and not the broad public base. Indications point to the great and urgent need for effective well-planned strategic campaigns on the national level to advocate for women s rights. 2. Lobbying for Equal Social Rights: The National Programme of Action on the Provisional Personal Status Law During the past few years, Jordan faced many changes that impacted the advancement of Jordanian women positively on all aspects. One of which was the legislative aspect, since eight laws and one regulation have been amended and led to women gaining some important rights. Those amendments tackled the economic domain, which consisted of the Labour Law, the Social Security Law, and the Income Tax Law. On 19

16 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW the other hand there were amendments that tackled Civil Laws, including the Civil Status Law, the Election Law and the Passport Law. As for the legislation covering the private domain, there were the Personal Status Law and the Penal Code. A very important achievement took place at the national level, which was the establishment of the Jordanian National Commission for Women (JNCW) in 1992 by a cabinet decree. Its establishment came as a translation to Jordan s commitment to Nairobi Conference and the Beijing Declaration and Platform of Action to act as a specialized National Machinery in women s issues. JNCW s mandate is to define general policies related to women in all aspects, to develop a National Strategy for women, to form a network with the Governmental an Non-governmental organizations, finally and as a main task, JNCW was mandated to review and study existing legislation and any draft laws related to women, to ensure that they do not discriminate against women, as well as to propose laws in all areas for the advancement of women. In implementing this task, JNCW follows a two-fold approach. On the one hand, JNCW formed a legal committee which consists of legal experts, and judges. This legal committee was entitled to review national legislation, in order to pinpoint articles that discriminate against women. On the other hand JNCW receives recommendations directly from women NGO s and forwards them to the Council of Ministers, to be taken into consideration when amendment of laws takes place. One of those Laws was the Personal Status Law, which is a very important law, since it organizes all matters related to women s social rights such as marriage, divorce, custody of children etc. 20

17 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY In 2001, the Jordanian government issued a new amended Provisional Personal Status Law based on suggestions sent through JNCW. These amendments to the Personal Status Law had been saluted by civil society and women organizations as a significant step forward. The law was amended because of the concern that it did not secure the level of protection that it was supposed to. In the old law, the age of marriage was 15 for girls, and 16 for boys, women did not have the right to appeal for divorce easily, while in the new amendment the age of marriage was raised to 18 for both, and women are entitled to terminate the marriage contract. Also women are granted equal rights to guardians with regard to visitation rights if custody is granted to the partner. Since the introduction of the law in 2001, early marriages have decreased in Jordan from 20 percent of all marriages in 1998 down to 15 percent of marriages in However, those amendments took place when Parliament was in recession. With the resumption of parliamentary life in June 2003, the government sent a number of laws to the parliament to vote on them for approval. One of the laws was the amended Personal Status Law. The result was that the Lower House rejected several laws, among which also the Personal Status Law. Due to the fact that the amendments on that specific law were very vital and important for women s rights, a quick action was needed then, to make sure that this law was approved in the second session 1 of voting on it. During the period where the amendments were sent from the Lower House to Upper House, lobbying on them was highly needed. The 1 According to the Jordanian Constitution (1952) process for approving laws stipulates that amended Law should be passed by both the Lower and Upper Houses of the Parliament. 21

18 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW lobbying process was initiated by HRH Princess Basma bint Talal (the chairperson of the JNCW) through the National Programme of Action (NPA), under the slogan Action not words. The NPA went through several phases. The first phase included meetings with religious leaders to assure that the amended law doesn t contradict with the Sharia Law which regulates all matters related to social rights. Based on that and after the leaders confirmed that no contradiction exists, the NPA started a cooperation with the three largest women NGOs with the widest extension of grassroots membership throughout the Kingdom. The programme focused on opening channels of communication and fostering dialogue between women at the grassroots level and parliamentarians, and included several meetings, in the three main regions of the Kingdom (North, South, and Middle). It started at the Middle where parliamentarians of the Middle governorates were invited to meet women activists, who were also accompanied with religious leaders to answer questions from religious point of view. Women expressed their acceptance and their benefit from the amendments and requested from parliamentarians to pass them. The same procedure took place in the South and North regions of the kingdom, and parliamentarians attended according to their electoral districts and discussion took place between them and women activists living in those areas. As a main outcome, woman activists through their comments and inputs in the discussions were able to convince parliamentarians with their point of view, as most of them promised to vote for the amended law. In addition to these meetings, other meetings were held with the legal committee of the Upper House, and the media people to mobilize public opinion. The main impact of this initiative was that the Personal 22

19 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY Status Law was returned by the Upper House with minor amendments to the Lower House, which in its turn sent it to its legal committee, and didn t reject it directly, unlike the way they did the first time. The organizers of NPA considered this a significant success, keeping in mind that this was the first time women at grassroots level got the opportunity to meet with parliamentarians and discuss laws or vital issues that rule their lives. Despite this relative success, the NPA didn t thrive to have amendments on the Personal Status Law approved by the Lower House as was hoped in the second voting session on the Law. One of the main factors that worked against approving the Laws was the delay in proposing it again for voting, which took almost one year. The organizers of the NPA realized at this stage that there wasn t any follow up done on the "NPA", neither could the organizers keep the momentum of the success of NPA as the first campaign of its kind in the country. If a continuous follow up was done, and visits were made on personal and regular bases to parliamentarians, that would have kept the issue hot and could have resulted in approving the law. A very important lesson learned from this programme is to include men in campaigning on women s rights; this would give more effective results. 3. Violence against women 3.1. Introduction The phenomenon of violence against women in Jordanian society is not adequately recorded. It is not easy for women to report the 23

20 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW occurrence of violence due to fear from their family, their husbands potential decision to divorce them and take their children. Violence against women is considered to be an international, Arab and local issue. The United Nations defines "gender related abuse" as any act of gender based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life (Report on the Status of Jordanian Women 2004) Causes of violence against women in the Jordanian society Economic reasons: financial burdens and difficult economic conditions are one of the main explanations for violence in the family. Heads of families often direct their frustrations at their families, and wives are the first to bear the brunt of this violence. Long and short term unemployment plays a role in creating the phenomenon, as well the variety in husbands and wives economic level may also play a role in creating disagreements between them that lead to violence against the women in the family. Social reasons: these include divorce, polygamy, having a large number of children, living in extended families, family disagreements, family difficulties and the social struggle between men and women as a result of the Jordanian family structure which distinguishes between the roles of men and women and usually gives the advantages and privileges to males. 24

21 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY Faulty concepts: these are the flawed notions related to one s social role, such as the concept of the husband s right to beat his wife and the necessity of the wife to bear his abuse. Psychological reasons: these factors include psychological problems, depression, stress, low feelings of responsibility toward the family, lack of emotional satisfaction in childhood and feelings of worry and desperation, which all can lead to violence Violence against women in the Jordanian legislation The provisions concerned with women s rights are represented in the Jordanian Constitution and laws derived from it. Their texts are general, but they include implied indications of women's rights. The Jordanian Constitution of 1952, ensures the principles and rights of all Jordanians and that males and females are considered equal before the law with no discrimination in their rights or duties, despite their differences in religion, language or race. The state ensures equal opportunities for all as well as the right to occupy public positions and guarantees that public jobs and positions will be assigned based on one s efficiency and qualifications. The researcher in the Jordanian Penal Code does not find special texts related to violence against women, but only general texts sanctioning attack actions related to the safety of the human body in general: man, woman or child. 25

22 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW 3.4. Types of violence against women in Jordan Physical violence: this type of violence includes beating with hands and sharp instruments, bruises of different types, strangulation, pushing, biting, pulling hair, pinching and spitting among others. Results from the Queen Zein Al- Sharaf Institute public opinion survey indicated that around two thirds of female abuse cases were violent in one way or another. It also found that the most prevalent form of physical violence is beating (53 %). This includes beating by hand or foot (42%) and beating by an instrument (12%). Sexual violence: it occurs both inside the family as well as outside of its reach. Cases occurring inside the family happen when females are pressured or forced to have sex or are sexually abused by males in the family. Sexual abuse outside of the family takes many forms, such as rape and sexual abuse in public, public transport, crowded places or in the workplace. The most frequent type of sexual violence is sexual harassment, as the Study of Abuse and Family Violence by Queen Zein Al-Sharaf Institute for Development and the Family Protection Project Research Unit indicates, making up more than half of the cases 55%, illegitimate sexual relations coming second, with a ratio of 25%, and abandonment third, with 20% of the total number of sexual assaults. The ratio of sexual assaults in the Amman governorate, in comparison to all different types of assaults on women, showed significant increase between 1998 and This ratio increased from 61% in 1998 to around 88% in The increase in the number of sexual assaults coincided with a significant decrease in the ratio 26

23 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY of physical assaults. Cases of physical assault against women decreased from 19.5 % in 1998 to 9.5 % in Undoubtedly, this decrease is due to the fact that these crimes are typically not reported, as well as due to legislation requiring punishment for those committing such crimes, and the role played by specialized institutions to protect women and families from violence. Verbal abuse: it includes cursing and using demeaning words, threatening phrases and phrases used to undermine one s dignity with the intent to humiliate. This type of abuse is not legally penalized as it is difficult to measure, identify and attest due to lack of data, on one hand, and the decisions by victims not to report it, on the other. A study by the Queen Zein Al- Sharaf Institute for Development indicates a small number of verbal abuse cases against females. According to this study cursing is the most common type of verbal abuse, with a ratio of around 59% of the total number of verbal abuse cases. Next comes the category of degrading, with a ratio of around 27%, and then shouting with about 14%. Social violence: it can be defined as women's deprivation from exercising their personal and social rights and women's intellectual and emotional dependence on their husbands. It can be seen in the barriers put in front of women that prevent them from practicing their social roles. In this type of abuse, females can also face limitations on their freedom, be prevented from practicing their right to live comfortably and be deprived of social interaction. A study by Queen Zein Al- Sharaf Institute for Development and the Family Protection Project Research Unit in 2002 shows the percentage distribution of social violence according to type of violence. Data shows that 27

24 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW deprivation from educational studies makes up the highest ratio (around 16%), while imprisonment comes in second at 13. 5%. Health care violence: this type of violence refers to women's deprivation from suitable health conditions, their reproductive health care, and their difficulties in obtaining health care. The Survey of Population and Family Health (2002) conducted by the Department of Statistics indicates that a small ratio of females from different age groups cannot obtain health care without the approval of their husband or another member of their family. Obtaining the cost of medical services is another problem that around one fourth of the women aged and one third of the women aged encounters. Economic violence: it can be found in various guises, such as the blocking of women's recourses and inheritance, deprivation of food and the exploitation of women's (especially working women's) economic resources. The Study of Abuse and Family Violence conducted by Queen Zein Al Sharaf Institute for Development and the Family Protection Project Research data indicates that deprivation of pocket money and finances forms one third of the cases. Many women face financial exploitation by their families, and this type of abuse makes up 18% of economic abuse cases. One out of six females indicated that they are pressured to give up their share of the family inheritance, a practice that is contrary to Islamic Shari`a Law. 28

25 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY National institutions achievements relating to the issue The Jordanian National Commission for Women (JNCW) The legal committee of the JNCW reviewed several laws discriminating against women including article 340 of the Penal Code which sentences with reduced penalty those who comment honor crimes. The committee has also recommended the amendment of several other discriminating articles. The JNCW participated in launching a campaign to eliminate violence against women in The campaign included several workshops which discussed this subject and its influence on women and society in general. It also discussed its social impact and the actions that should be taken to eliminate this phenomenon or reducing it. The Jordanian Women Union In 1994, the Jordanian Women Union worked through the Committee for Fighting Violence Against Women to come up with the idea to start a telephone guidance line (hotline). It began operations in 1996 along with a house that hosted women who were victims of violence or had experienced violence threats. In 2002, the total number of cases from the three centers of Amman, Baqa`a and Madaba reached 900. Since the hotline s establishment 6115 calls were received. The lack of specialized places for women victims of violence and violent threats was the primary reason that the hotline was established. The Jordanian Women Union through the National Commission for Women decided to establish a shelter for women facing violence in order to save efforts spent looking 29

26 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW for a safe place for them. Up until that point, the Union had been taking risks at times in putting victims in the houses of employers and volunteers. In August 1999, the safe house was opened and began receiving cases from the telephone guidance hot line and other institutions such as the Family Protection Unit. By 2002, 145 cases were received, and the average length of stay ranged from one week to three months. From the beginning of 2003 to mid October 2004, the house received 75 cases. 3.6 The National Center for Human Rights activities relating to the issue Most of the complaints that came to the National Center for Human Rights were related to physical violence, verbal abuse and economic violence. Approximately 50 complaints reached the Center by non educated (20-40) married women from poor areas who were abused by their husbands. They mainly asked for assistance in order to solve the problems between them and their husbands, others needed legal advising, few asked to bring an action against their husbands. Youth to Stop Violence Against Women is a training and research project implemented by the National Center for Human Rights and supported by Freedom House. The project tackled the issue of violence against women, its roots, its implications, its consequences, in a fully participatory and transparent manner with the active involvement of youth. In conjunction with the University of Jordan (Amman), Yarmouk University (Irbid) and Mu`tah University (Karak), NCHR organized consecutive five day campaigns at each university during the 16 Days Global Campaign which included workshops on CEDAW 30

27 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY and violence against women, as well as a specialized seminar on honour crimes. In addition, a "Stop Violence Against Women" day was held within the campaign, whereby NGO partners from throughout the Kingdom were invited to present their work to students and provide outreach efforts on family violence. Information materials were produced on CEDAW, on national legislation regarding women s rights, honour crimes and sexual harassment on campus and they were distributed throughout the universities. In this study qualitative data was collected in the form of pre- intervention data and post intervention data and utilized throughout the project. The process of data collection and analysis was a stepping stone towards further work, especially since the research conducted provides much needed insight regarding the knowledge and attitudes of youth on this very important topic The major obstacles that the campaigns face In addition to the previous reasons of the phenomenon which could be considered as obstacles of the efforts made towards reducing it, there is a major obstacle that the campaigns face represented in the gap of the data available regarding violence against women in Jordan. Many reasons account for this lack of data the most important of which could be listed as follows: 1. The sensitivity of the issue and under- reporting, linked to the fact that most of these cases are felt to be family issues that should not be dealt with outside the realm of the immediate or extended family. 31

28 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW 2. Even when cases of violence against women are reported to authorities, the records do not capture all the information necessary for understanding the nature of the violence. 3. Different sources of information cite contradictory data. 4. There are several examples that illustrate how violence against women permeates the society but these are the only cases talked about among those working in the field but not systemically documented Recommendations The strategic actions that could be taken include Continuing raising awareness of women's rights and duties. Establishing shelters for abused women. Strengthening the legal punishments on men practicing violence against women. The needed support for making campaigns successful Financial support: in order to use it for financing raising awareness campaigns related to the issue. European experts: in order to supervise the campaigns, advise people working on reducing the phenomenon and conduct the needed training. 32

29 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY ΙΙ. Institutions/NGOs/mechanisms of protection of women s rights 1. The Jordanian National Commission for Women There are several NGO s acting in the field of promotion of women s rights in Jordan. The most important organisation is the Jordanian National Commission for Women 2, a semi governmental organization that works as an interface between women NGOs and the government. The establishment of the Jordanian National Commission for women (JNCW) in 1992 by a Cabinet decree was an assertion of Jordan s acknowledgement of its international commitment to set up a national mechanism specialized in women s issues, with the aim of empowering women to expand their economic, social and political participation, as well as maintaining and safeguarding their rights, in order to achieve a higher level of social justice and equality between men and women in society. Essentially, the establishment of the Jordanian National Commission for Women (JNCW) in 1992 within the climate of heightened liberalization, demonstrated the seriousness of the government s intention to invigorate the democratic process. Thus, as the outcomes of Jordan s evolving democracy are followed with keen attention, also shaping perceptions at the international level, one measure of success is the country s ability to incorporate and address women s issues within the overall framework of reform. 2 See above, A I 2. 33

30 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW JNCW is one of the first semi-governmental commissions established in Jordan. The structure of the Commission facilitates the way it operates as an interface between non-governmental organizations and activists in the area of women s rights, and governmental organizations relevant to the women s sector. As a semi-governmental organization, the Commission reports directly to the Prime Minister. This fact gives JNCW the authority articulated by the Beijing Platform for Action, and the mandate to act as the primary focal point for the government in all areas related to women s affairs. As the government s mechanism regarding women s concerns, JNCW is delegated with mainstreaming women s issues in all fields, sectors, ministries and governmental organizations. This approach testifies to Jordan s national and international commitment regarding women s priorities and reflects the level of institutional progress achieved in this regard. It should also be noted that a focus of international organizations is to incorporate gender mainstreaming and women s programmes into their funding projects and development interventions. Hence, as a specialized national entity focusing on women s issues, the Commission is a significant counterpart for facilitating contacts with international organizations and promoting women s participation in development programmes as a whole. The establishment of JNCW highlights the political development which Jordan has witnessed in recent years. It reflects the stages reached by Jordan in applying democratic practices and in fostering the participation of different social groups, particularly women, in national planning, as well as in setting general policies related to women in the country. Moreover, as a semi-governmental body with autonomous status, the Commission offers civil society entities greater access to government in all matters pertaining to women s advocacy roles. JNCW also reflects the government s resolve to advance political 34

31 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY development by enhancing national dialogue with different groups of society. Thus not only does the Commission provide for more effective channels of communication between government and civil society, but it seeks to ensure that the purpose of these linkages is achieved. The aim of JNCW to promote and empower Jordanian women, as identified by international agreements and conventions, focuses on the active and important role of women in the public sphere with all its political, social and economic dimensions. In implementation, this aim differentiates the role of JNCW from other active organizations which address the role of women in the private sphere. The Role of JNCW The role of JNCW is defined by the mandate given to it by the Jordanian Cabinet, as stated previously, which entrusts it with carrying out different roles and responsibilities and which can be grouped into five main areas: Define general policies related to women in all areas, and participate in formulating national plans and strategies aimed at fostering development, and the advancement of women in all related sectors. Strengthen contacts and exchange information and expertise, as well as carry out activities related to women s issues and the improvement of women s status at national, regional, and international levels. This includes delegating JNCW with the responsibility of representing the Kingdom in bodies, conferences, and meetings related to women s affairs at the various levels. 35

32 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW Review and study existing legislation and any draft laws and other by-laws related to women to ensure that they do not discriminate against women, as well as propose laws and bylaws in all areas that advance women, with a continuous follow up on implementation of legislation. Develop a national strategy for women, and update and monitor its implementation. Form a network between JNCW, ministries and public institutions in order to carry out programmes that meet its objectives. The Commission is also authorized to form a coordinating committee of non-governmental women's organizations. The role, objectives and methods of work of the NGO Coordinating Committee are defined by regulations drawn up by the Commission. Within this context, JNCW established the following committees to work as an executive arm of JNCW, one of which was the NGO Coordinating Committee that was established in 1996, through which it has in it's representation active women NGOs to coordinate their efforts and set their priorities at the national level. To carry out the role of the Network between JNCW and ministries and public institutions, JNCW established a governmental focal points committee, in which representatives of their various institutions serve as focal points between JNCW and the respective public organizations. In addition to working with JNCW in translating the National Strategy for Women into practical programmes that can be implemented through the government institutions concerned, they fulfill an important function in disseminating the priorities and needs of 36

33 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY Jordanian women promoted by the Commission within the public sector domain. On the other hand JNCW formed a legal committee which included legal experts, judges and ex-ministers of justice. The Legal Committee reviewed Jordanian legislation to pinpoint articles that discriminated against women. In keeping with its consultative approach JNCW discusses suggested amendments to discriminatory articles that are identified, with the women s NGOs to ensure that they fulfil their demands before they are endorsed by the Commission s Board. After endorsement, JNCW sends the recommended amendments to the government. 2. Other NGOs The Queen Zein al Sharaf Institute for Development (ZENID) is Jordan's leading national institute dedicated to promoting learning for social development. ZENID was established in 1994 as part of the Jordanian Hashemite Fund for Human Development (JOHUD). ZENID provides training courses, research, studies, information dissemination, consultancies, and commissioned work. ZENID operates through JOHUD s network of 50 Community Development Centers (CDCs) throughout the country. Such a network provides the outreach in projects concerning women, youth, children and overall community development projects to be conducted throughout Jordan. Increasingly, ZENID is also working in partnership with international and national development agencies, providing complete management services for development projects in Jordan. The Jordanian Women Union is a non-governmental organization founded in 1945 and it is the largest grassroots women s organization 37

34 CENTRE FOR EUROPEAN CONSTITUTIONAL LAW in Jordan. Its mission consists in enhancing women s status and participation in the Jordanian society through the implementation of various projects, which are based on women demands and desires from around Jordan. It has also undertaken a big number of national campaigns aimed at influencing public opinion and decision makers towards amending discriminating laws against women. The Jordan National Forum for Women operates in Amman and has local offices in 12 Governorates. Its main objectives are to spread awareness among Jordanian women of the content of the National Strategy which was ratified in 1993 and to improve women's status, involve them in the national development and economic activities, promote their legal status and increase their participation in decisionmaking processes. It also aims to raise awareness on health, education, culture, legislature, economy and politics, inform women about their rights and responsibilities in accordance with Islam, the Jordanian Constitution and the National Charter, help Jordanian women to realize their potentials and increase their participation in development at national and local levels, give women the opportunities to participate in economic life and reach decision-making positions and form pressure groups to influence decision makers. The Forum is governed by a Higher Council Chaired by Her Royal Highness Princess Basma Bint Talal. The Council consists of elected representatives of the committees of each Jordan's twelve governorates, as well as other women leaders. Elections of the Forum take place nationally every two years leading to the election of one representative from each governorate who will serve on the Higher Council. The Higher Council determines the policies and strategies of the Forum, and the governorate committees set the plans and activities of each governorate. The programs are then implemented by the coordinators in each local community. 38

35 PRIORITY ISSUES FOR ACHIEVING GENDER EQUALITY Some of its achievements in enhancing women participation in Political life & Social Activities are as follows: In each Municipality there are two appointed women from JNFW since 1995 till present. They conduct training programmes & workshops to encourage women to participate in democratic life by election & voting. They conduct training programs to the appointed members, & elected women in municipalities in order to enhance their leadership, communication & other needed skills to perform their duties professionally. In 2003 Parliament elections JNFW & other Women NGO's fought for having quota in Parliament. The National Centre for Human Rights (NCHR) was established at the end of the year 2002 by virtue of temporary law no. 75 for the year The Centre is an independent national institution; it has a juridical personality with full financial and administrative independence in practicing its intellectual, political and humanitarian activities related to human rights. Its mission is "To establish a society where justice, equality, and rule of law prevail and to safeguard the dignity of the individual and protect public freedoms and the rights of citizens in an atmosphere of brotherhood, tolerance, and solidarity among all members of our big Jordanian family." In practical terms, the mission of the NCHR is to disseminate human rights culture, protect and provide consultation and legal assistance and observe human right violations especially inflicted against those 39