Rights of women (recommendations 48 and 55)
11. Article 30810 of the Criminal Code, exempting a rapist from punishment if he marries his victim, was repealed under amended Act No. 27 of 2017. Emphasizing that marriage is prohibited without full and free consent with no defects in order to ensure that
there is no forced marriage, the Act requires the court to confirm the freedom of the parties to conclude the contract and affirms that the legal age of marriage is 18, although instructions have been issued to permit the marriage of a person who has reached the age of 15 years, but is under 18 years (No. 1 of 2017) (annex 16). This is a general rule to confirm the absence of forced marriage or violation of the provisions of the law. Training courses have been held for the sharia judges so that it is ascertained that marriage is by consent, choice and complete freedom and that the will of the parties to the contract is free of any defects of will or suspicions. Training sessions have been held for prospective couples, special awareness campaigns conducted and counselling offered. In order to limit the conditions under which those under 18 can marry, the Jordanian National Commission for Women and its partners have worked with civil society coalitions and through the annual international campaign against gender-based violence, Too Young to Marry, to raise the awareness of the local community, school students and associations to the importance of ending child marriage and its social, economic, health and psychological consequences.
Recommendations 12, 13, 14, 23, 30, 32, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93 and 98
12. The Strategic Plan for Education 2018–2022, covering all sections, categories and regions of the Kingdom, has been prepared to develop and improve education and the availability of non-formal education and literacy. The National Strategy for Women 2013–
2017 is being updated for the period 2020–2030 in collaboration with UN Women and with the support of ESCWA to include the fifth Sustainable Development Goal (on gender equality and the empowerment of women), while a bill is in preparation on the budgets of government units for the financial year 2018 for gender mainstreaming. The Jordanian Fair Pay Committee has prepared a draft study to determine the types of discrimination faced by private school teachers, and a special contract for private schools has been published with greater benefits for private school teachers. The Government is also working to support and establish private sector nurseries in accordance with Article 72 of the Jordanian Employment Act No. 26 of 2010 (annex 17). The National Council for Family Affairs implemented the project Support and Establish Nurseries in the Public and Private Sectors 2017–2020, which is aimed at working women and children and promoting their rights by providing a stimulating working environment for women and a safe educational environment for children from birth to four years. Two hundred and thirty-five women have been trained, their capacities and skills have been developed regarding early childhood and dealing with children in nurseries and they have been made aware of their employment rights, while 70 new job opportunities have been created in 11 nurseries established for the children of working women. The services provided in nursery homes for approximately 300 children in institutional nurseries have been improved. In 2018, the project aims to establish 40 institutional nurseries in the public and private sectors, providing 250 new job opportunities for women, and to train and qualify 400 women on early childhood and nursery work. Moreover, the new Nurseries Statute was issued for 2018, its provisions including organizing and facilitating the establishment of nurseries in all official, voluntary and private agencies in order to create an appropriate work environment for women and to encourage them to enter the labour market. The provisions of this Statute also include the introduction of the Statute on domestic nurseries, a sector in which only women work, thus opening new employment opportunities for women only. The Statute also requires all nurseries to receive children with disabilities. The provisions of the Statute focus on the safety and security of children in nurseries, the provision of early childhood services and the right to education for some 1500 children from birth to 4 years. The Prime Minister has issued a memorandum requiring the gender of candidates for vacant posts to be unspecified and that appointments be according to eligibility, regardless of gender, whether male or female.
13. The Elections Act No. 6 of 2016 reserves 15 seats for women (the “quota”) (annex 18). Women occupied 15.4 per cent of seats in the 18th Parliament, compared with 10.6 per cent in the previous Assembly in 2012. Under the provisions of article 3(c) of the Support of Political Parties Act No. 53 of 2016, the percentage of women participating in a party must be at least 10 per cent (annex 19). Women account for 35 per cent of participation in political parties. The Municipal and Decentralization Elections were held under the
Decentralization Act No. 45 of 2015 (annex 20), which set a minimum quota of 10 per cent of seats for women, and the Municipalities Act No. 49 of 2015 (annex 21), which set a quota of 25 per cent. Women won 32 per cent of local council seats and 13 per cent of total governorate council seats, while 32 women won through the seats reserved for women.
Fifty-one women head their local councils.
14. In 2018, 52 women were in the diplomatic corps (18 per cent), as opposed to 45 in 2013 (17.2 per cent). In the judiciary, there are 215 women judges (20 per cent), one female member of the Judicial Council, while two female judges are members of the Court of Cassation. The executive programme of the Government for 2016-2019 (annex 22) includes encouraging the entry of women into the labour market, raising their participation in it from 15 to 24 per cent by 2025 and reducing the gender gap in the relevant sectors.
15. The Women’s Empowerment in the Public Sector project for 2015 aimed to increase opportunities for women to occupy leadership positions, build their capacities and skills and increase their participation in policymaking and decision-making. In 2015 and 2016, 360 middle-level female employees were trained. The Flexible Work Statute No. 22 of 2017 (annex 23) was introduced into the Civil Service Statute, and the National Plan for Implementation of United Nations Security Council Resolution 1325 on women and security and peace was launched. The Cabinet formed a Ministerial Committee for the Empowerment of Women with a membership of relevant ministers to support the economic, social and political participation of women in public life. The Government adopted the 2030 Sustainable Development Plan, emphasizing the its commitment to gender mainstreaming in its work. A sectoral committee for equality and gender mainstreaming was set up under the chairmanship of the secretary-general of the National Committee for Women’s Affairs and the Freedoms Committee, headed by the Commissioner-General of the National Centre for Human Rights, with the aim of establishing a framework for implementation of the Sustainable Development Goals. The Act amending the Military Retirement Act No. 12 of 2015, which gives working women the same benefits as men when retiring from employment, has been enacted. The Social Security Act No. 1 of 2014 concerning the just treatment of working women provides for the inheritance of the deceased woman’s full salary by her eligible children, as is the case with men. The 2015 Leadership Appointment Statute was adopted to ensure fairness, transparency, justice and equality in recruitment to leadership positions, thereby promoting the presence of women in such positions.
16. Financial allocations to the Jordanian National Committee for Women’s Affairs have increased to 700,000 dinars (JD) (equivalent to $1 million per year), and those to the National Centre for Human Rights to JD 750,000 annually to empower these institutions.
The National Centre for Human Rights has some 45 employees. The staff of the Centre and liaison officers deployed in the Kingdom receive complaints through the available means.
Recommendations 43, 44, 45, 46, 47, 49, 50, 51, 52, and 53
17. The Protection from Domestic Violence Act No. 15 of 2017 (annex 24) includes reform provisions aimed at protecting the family and the reporting of any case of domestic violence. The Family Protection Department settles disputes in domestic violence cases with the procedures prescribed by the Act, ending with ratification by a court within seven days, provided that both parties agree and refrain from committing the offence. It should be noted that the Act includes the services that must be provided to the parties. The Act requires the courts to consider cases of domestic violence as a matter of urgency and in secret. Video links have been provided for the protection of juveniles and in cases of domestic violence. The penalties for rape, ill-treatment, abduction, and indecent assault have been increased under the amendments to the Criminal Code of 2017. The Shelters for Women at Risk Statute No. 171 of 2016 was issued with the aim of providing protection and temporary shelter to victims and the social care, livelihood, psychological, health, guidance, cultural and legal services they need. In addition, awareness campaigns were launched, Know, Don’t Find Out and 16 Days to Fight Violence against Women and Children, the activities of which included social networking. Also worth mentioning is the role of the Family Reconciliation Centre in providing family protection and psychological counselling services, and the launch of the updated version of the national framework for
the protection of the family from violence and the national plan to respond to domestic violence. In 2014, the Kingdom joined the initiative UNiTE to End Violence Against Women.
18. In 2017, training programmes were held at the Regional Training Centre of the Department of Family Protection, Directorate of Public Security, including 21 courses in which 366 officers participated, in addition to the Juvenile Police Department, and 19 courses for staff and judges on violence against women. Training courses were held to develop police and judicial capacities in the use of modern technologies for hearing the testimony of children, including training in applying the text of the law to take into account the psychological state of the victim. The three regions of the Kingdom were covered by the Family Council in cooperation with the High Commissioner for Refugees (UNHCR).
19. The perpetrators of honour crimes have been excluded from taking advantage of the mitigating excuse contained in Article 98 of the Criminal Code No. 27 of 2017 (annex 25) to achieve greater deterrence.
20. Complaints services have been put into effect for the reporting of cases of abuse of students by teachers and school staff through a hotline, written complaints and complaints transmitted from the government website. They are followed up and the necessary action is taken. (annex 26).
Recommendation 34
21. The Maintenance Fund Statute No. 48 of 2015 was issued and began operations by receiving applications and lending to beneficiaries under the provisions of the Statute. It will be extended to all regions of the Kingdom. In 2017, one million dinars from the general State budget were set aside for the purposes of implementing the provisions of this Statute; 100 per cent of applications submitted met the requirements and payment was made. By May 2018, 251 applications had been submitted; 178 were accepted and 73 were rejected because the required documents were incomplete. The Fund provides its services regardless of the nationality or religion of the applicant.
Recommendation 54
22. The Prevention of Trafficking in Persons Act No. 9 of 200911 pays particular attention to women and children, in line with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. More protection is afforded to the most vulnerable victims, especially women and persons with disabilities, through the provision of medical, psychological and housing services for victims, legal counselling and work to reintegrate them into society according to the standards of aftercare. Work has also been done to extend the Economic Empowerment of Victims Statute to Dar Karama under the Ministry of Social Development.
Recommendations 22 and 25
23. Articles 6, 101 and 102 of the Jordanian Constitution provide that all Jordanians shall be equal before the law and guarantee the right to take legal action before the courts regardless of gender, race or religion (annex 27). All procedural, criminal and civil laws are a guarantee of justice and equality in all police and judicial investigations. The Executive Programme of the Government for 2016–2019 was designed to harmonize national plan indicators with the Jordanian Women’s Strategy and the Sustainable Development Goals 2030, while its indicators on women are in the Government Implementation Plan for the Economic and Social Vision 2025. The Sharia Courts Act of 2016 was promulgated to ensure the standards of a fair trial, particularly the right to take legal action and access to justice. The amended Code of Procedure of the Sharia Courts Act No. 11 of 2016, which promotes the principle of justice, was also promulgated. The National Council for Family Affairs launched the National Strategy for the Elderly in 2017 and its Executive Plan for 2018–2022 in cooperation with the National Committee for the Elderly. It aims to improve the services provided to the elderly and to make the issues of the elderly a national priority.
It includes four priority areas: health, and economic, environmental and social matters.
Rights of the child
Recommendations 8, 24, 58 and 59
24. The provisions of the Juveniles Act No. 32 of 2014 make provision for juvenile courts and prosecutors and special police to deal with juveniles (annex 28). The executive regulations and instructions of the Juveniles Act (annex 29) were issued to provide the basis for application of non-custodial sentences (annex 30) and the separation of juveniles from adults. The age of criminal responsibility was raised to 12 years and detention was made a last resort since the provisions of the Act are aimed at reform and rehabilitation and not punishment. Services are provided to juveniles according to their needs through qualified specialist psychologists and social workers as an essential element of the conduct of cases and the validity of procedures. It is stipulated that the offence should not be considered a criminal offence to the disadvantage of the juvenile.
25. The legal accountability of Juveniles Act enforcement personnel has been set out in article 4 as a result of violations by those executing the Juveniles Act. Places have been designated for juveniles according to needs, namely the Juvenile Rehabilitation Centre, the Juvenile Welfare House and the Juvenile Education Centre. The aforementioned Act provides guarantees such as that juveniles shall not be shackled, and force may be used only when and to the extent necessary to prevent danger to them or to prevent them harming themselves, and that juveniles shall be provided with medical care. Article 5 of the same Act stipulates that the necessary measures shall be taken to separate juveniles according to the offences committed or the degree of risk, and to separate detainees from convicted persons.
Recommendations 39, 40 and 95
26. Working children fall into the category of juveniles needing protection and care under the Juveniles Act. A draft of the statute to protect children from unlawful work is in preparation in cooperation with the International Labour Organization (ILO) and UNICEF (annex 31). Sixty-eight training courses attended by 220 labour inspectors have been conducted on development, international refugee law and combating human trafficking in order to eliminate violence against children. The Child Labour Department, the Complaints Department, the Hotline, the Home Inspectors Section and the Human Trafficking Department have been established. Rules and regulations governing the domestic migrant labour sector have been promulgated, giving domestic workers more advantages than those provided for in the Employment Code (annex 32). A specialized committee has been set up to study occupational safety and health regulations to ensure that workers have a working environment free from the risks of occupational injuries. In addition, the Flexible Work Statute No. 22 of 2017 sets out the categories subject to it.
Rights of persons with disabilities
Recommendation 7
27. Article 27 of the Rights of Persons with Disabilities Act No. 20 of 2017 (annex 33) regulates the work of centres and institutions for persons with disabilities, stipulating that it is not be permitted to place such persons in day-care or shelter homes without obtaining free and informed consent, nor is it permissible to grant a licence to establish new private housing facilities for persons with disabilities after the provisions of the Act have come into force. Article 28 of the Act requires governmental and non-governmental bodies that provide shelter, day-care and rehabilitation services for persons with disabilities to apply quality of services standards and employment rules standards, and lays down conditions and standards for those working in this field issued by the authorities responsible.
Recommendations 19 and 36
28. The Rights of Persons with Disabilities Act includes children and women with disabilities in the general principles stipulated in article 4. Article 5 of the Act states that persons with disabilities may not be deprived of their rights or freedoms nor may their enjoyment or exercise of them be restricted or their freedom to make decisions be restricted
on the basis or because of disability. The Act amending the Criminal Code No. 27 of 2017 contains new provisions that make disability an aggravating circumstance in offences involving physical and psychological abuse, sexual assault, fraud and neglect in care or abandonment.
Recommendation 110
29. Forced sterilization is a punishable offence under the provisions of Article 330 of the amended Criminal Code No. 27 of 2017 (annex 34). The General Fatwa Department has issued decision No. 194 (2/2014) prohibiting removal of the uterus of girls with disabilities and on the responsibility of society towards them. There is civil as well as criminal liability of persons responsible and the doctors performing this criminal act. Such girls have the right to financial compensation and, if the representative of a person with a mental disability or impairment does not come forward, the Public Prosecutor’s Office claims their financial rights on their behalf.
Recommendation 111
30. The second phase of the National Strategy for Persons with Disabilities has been evaluated (2010–2015). The direct quantitative and qualitative results of evaluation of the performance and achievement of its main lines showed that media, education and awareness achieved the most, with a rate of 79 per cent, while accessibility was the lowest, at 11 per cent. In order to guarantee the rights of persons with disabilities, the Rights of Persons with Disabilities Act No. 20 of 2017 lays down the principle that these rights be included in the policies, strategies, programmes and plans of all the parties responsible for implementing the provisions of this Act.
Recommendations 112, 113 and 115
31. The Rights of Persons with Disabilities Act No. 20 of 2017 aims to raise the living standards and conditions of persons with disabilities through recurrent cash assistance and other forms of monetary support provided by the National Aid Fund, and by financing operational projects for persons with disabilities and their families through allocation of a proportion of soft loans within the provisions of article 26 thereof. It also requires governmental and non-governmental entities to allocate 4 per cent of vacancies to persons with disabilities under the provisions of article 25. The Government has also taken action on the employment of persons with disabilities by establishing a special section of the Ministry of Labour responsible for the employment of persons with disabilities through procedures and practices such as to increase their involvement in the labour market. In 2017, 283 persons were employed. In addition, strategies and plans to combat poverty include
31. The Rights of Persons with Disabilities Act No. 20 of 2017 aims to raise the living standards and conditions of persons with disabilities through recurrent cash assistance and other forms of monetary support provided by the National Aid Fund, and by financing operational projects for persons with disabilities and their families through allocation of a proportion of soft loans within the provisions of article 26 thereof. It also requires governmental and non-governmental entities to allocate 4 per cent of vacancies to persons with disabilities under the provisions of article 25. The Government has also taken action on the employment of persons with disabilities by establishing a special section of the Ministry of Labour responsible for the employment of persons with disabilities through procedures and practices such as to increase their involvement in the labour market. In 2017, 283 persons were employed. In addition, strategies and plans to combat poverty include