Indicator 3: All laws are in line with all international legal obligations pertaining to women’s rights

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Discrimination against women is prohibited under women's rights treaties and under human rights covenants, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. Against this background, any national law that includes discrimination against women and does not ensure gender equality is considered as not in line with international obligations.

The laws reviewed under this indicator include the penal code, the personal status law, the family code, the nationality law, the labor law, where discrimination still pertains. The most important common features of legislation that need to be brought up to these standards are predominantly relating to family laws and penal codes. Those related to the penal code are linked to marital rape that is still not penalized, except in Tunisia, yet not explicitly. The penal codes in all index countries have provisions that consider extramarital sex between consenting adults (adultery) an offense. The criminalization of sexual relations between consenting adults is a violation of their right to privacy, infringing the International Covenant on Civil and Political Rights. Research shows that maintaining adultery as a criminal offense is directed mostly against women and girls and the penalty almost always discriminates against women both in law and practice, even when penal code definitions appear gender neutral and prohibit adultery by both men and women. The CEDAW Committee and the HRC Committee have pointed out that adultery provisions must be repealed so that women are not deterred from reporting rapes by fears that their claims will be associated with a crime of adultery. In 2012 the UN Working Group on Discrimination against women in law and in practice issued a call to governments to repeal laws7.

Personal status laws do not provide equal rights to women and men in marriage and divorce, except in Tunisia. They are discriminating particularly on the question of polygamy, which remains allowed by law, except in Tunisia, even if the consent of the first wife is sometimes requested, as in Algeria and Morocco. Discrimination against women is also maintained in the field of inheritance, as women, in all these countries, inherit less than the men’s share.
Abortion is still prohibited in all countries except in Tunisia. Moreover, in Lebanon, Jordan, and Palestine, abortion is prohibited even for women who have been raped.
The penal codes in the index countries do not consider prostitution as sexual exploitation and a form of violence against women, and a major obstacle to achieving gender equality. The penal codes criminalize both women in prostitution, pimps, and clients and therefore women in prostitution are deprived of the protection of violence and sexual exploitation. CEDAW is unequivocal that trafficking and prostitution are linked to the exploitation of women. Article 6 states that “States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of the prostitution of women.”

Jordan and Lebanon keep discrimination under nationality laws, not allowing women to pass on their citizenship to their children or husband in the same way as men.

Labour laws in all countries include legal restrictions on women’s employment predominantly linked to night work or occupations considered “arduous” or “hazardous”.


7See “Joint Statement by the United Nations Working Group on discrimination against women in law and in practice” of 18 October 2012,see http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12672&LangID=E

Countries
Algeria

Algeria

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

The penal code and the family law do not criminalize marital rape.

  1. Article 237 of the penal code provides that a man who surprises his wife committing a sexual act out of marriage, and who kills her and the person involved in the sexual act with her, benefits from a reduced penalty.
  2. Articles 304–313 of the penal code prohibit abortion, including for women who have been raped.
  3. Article 339 of the penal code considers sexual act out of marriage an offence.
  4. Articles 343– 347 of the penal code prohibit prostitution but it does not ensure the protection of prostituted women while penalizing the client.
  5. The family law does not ensure equal rights between women and men during marriage and divorce relating to:
    Polygamy: Polygamy is allowed in case of the wife’s approval.
    Guardianship: Fathers are the sole guardians of their children.
    Inheritance: Women’s share of 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. Article 29 of the labour law prohibits employing women for night work, unless a special exception has been granted.
Egypt

Egypt

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. Article 237 of the penal code provides that a man who surprises his wife committing a sexual act out of marriage, and who kills her and the person involved in the sexual act with her, benefits from a reduced penalty.
  3. Articles 17 and 60 of the penal code also enable a judge to provide leniency for honour crimes.
  4. Articles 260–264 of the penal code prohibit abortion, including for women who have been raped.
  5. Articles 237, 273, 274–277 of the penal code consider sexual acts out of marriage an offence.
  6. The penal code prohibits prostitution, but it does not ensure protection of prostituted women while penalizing the client.
  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 inheritance is less than men’s.
  8. · 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.
  9. The labour law does not ensure the same rights for women and men in work and puts more restrictions on women employment.
Jordan

Jordan

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.
Lebanon

Lebanon

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”.
Morocco

Morocco

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

  1. The law on combating violence against women and the penal code do not criminalize marital rape. Article 486 of the penal code stipulates that “rape is a man forcing sexual intercourse on a woman without her consent, and it is punishable by five to ten years in prison”. However, marital rape is not explicitly criminalized and the law on violence against women did not amend the penal code provision on rape, which does not list marriage among aggravating circumstances for sentencing rape offenders.
  2. Article 449 of the penal code prohibits abortion. Article 453 states that abortion is legal only where it is necessary to save a woman’s life: “abortion is not punishable if it is necessary to preserve the mother’s wellbeing and when performed overtly by a doctor or a surgeon with the husband’s permission.”
  3. Article 418 of the penal code provides that a husband or wife benefits from a mitigated sentence if they murder, injure, or beat their spouse who is caught in a sexual act out of marriage.
  4. Article 491 of the penal code considers sexual acts out of marriage an offence.
  5. Article 498 of the penal code criminalizes prostituted woman. The law does not provide them with protection against violence and exploitation they are subjected to.
  6. The family code 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 prohibits the employment of women in occupations listed in regulations, including work that poses “excessive risk”, because it is considered beyond their capabilities, or is likely to undermine morality.
Palestine

Palestine

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.
Tunisia

Tunisia

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. The law on eliminating violence against women criminalizes sexual violence regardless of the perpetrator and his relationship to the victim, but it does not explicitly criminalize marital rape.
  2. Article 236 of the penal code considers sexual acts out of marriage an offence.
  3. Article 231 of the penal code criminalizes prostituted women. The law does not provide them with protection against violence and exploitation they are subjected to.
  4. The personal status code provides that women’s share of an inheritance is less than men’s.
  5. The labour law includes legal restrictions on women’s employment in undertaking night work, mining, and scrap metal work.