Gender-Related Laws, Policies and Practices in Lebanon Gender-Related Laws, Policies and Practices in Lebanon
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Gender-Related Laws, Policies and Practices in Lebanon Gender-Related Laws, Policies and Practices in Lebanon Lebanon-Beirut 2018 PB 1 The opinions stated in this report refer to their writers and do not necessarly reflect the United Nations’ opinions, including United Nations Development Programme (UNDP), United Nations Population Fund (UNFPA) and UN Women, or United Nations Member States. Copyright refers to the United Nations Development Programme, United Nations Population Fund and UN Women. 2 3 2 3 Index Gratitute and Appreciation List of Abbreviations Preamble Executive Summary Section 1. Overview of the constitutional and international legal landscape related to the national mechanisms Arab and International framework Lebanese Constitution National mechanisms: Policies and Strategies (in relation with women) Section 2. Fragmented Equality Penal Code Rape and indecent acts Sexual harassment Honour crimes Adultery and sex outside of marriage Abortion Article 534 Personal status laws Civil marriage Age of marriage Rights and responsibilities Divorce Guardianship and child custody Legacy Nationality Law Labour, Social Security, Taxes and Commerce Laws Women participation in public life 4 5 Section 3. Inadequate Protection Frameworks Law on the Protection of Women and Family Members from Domestic Violence. Law on the Protection from Human Trafficking. Law on the Protection of Juveniles in conflict with the law or at risk. Section 4. Obstacles to access to justice General Obstacles to access to justice: At individual or personal level At societal level At institutional level Obstacles to particular groups’ access to justice: Women in jails Women refugees Housemaids Women with disabilities Elderly women Conclusion 4 5 Gratitude and Appreciation This report is a result of the cooperation between the United Nations Population Fund (UNFPA), United Nations Development Programme (UNDP), United Nations Gender Equality and Women Empowerment (UN Women). The present Act addresses the laws, policies and practices relating to gender justice and equality in Lebanon. Thus, the purpose of this report is to discuss and analyse the most prominent loophols and gaps, in addition to providing concrete recommendations to the policymakers and the various actors who are concerned to promote the gender-based justice and equality in Lebanon. With warm thanks and gratitude, we acknowledge the valuable information and contributions provided by Me. Manar Zeaiter, who finalized the report. This Act is a result of a consultation process of basic data submitted by the governmental and non-governmental representatives, as well as by legal and effective experts in Lebanon. It is based on the assessment of Lebanon which forms one of the twentieth chapter of the regional report under the title of “Gender-based Justice and Law in Arab Countries”, which is a comprehensive study drafted by the commission of the United Nations Development Programme, United Nations Population Fund and UN Women in 2015 and finalized by John Godwen and Nadia Khalifeh. We hereby acknowledge the serious work, devotion and valuable contributions of all the partners who added their observations on the report. These frameworks include the civil society organisations, legal actors and academic institutions such as: KAFA(enough) Violence and Exploitation, Abaad, Association Najdeh, Save the Children, Terre des Hommes, Arab Institute for Human Rights, Collective for Research and Training on Development – Action (CRTDA), Care International, Plan International, Institute for Women’s Studies in the Arab World at the Lebanese International University, Caritas, Women Now for Development, Almeethaq for Human Rights, Society for the Protection, International Medical Corps, Solidarity Foundation, Euromed FeministInitiative, Legal Action Worldwide (Law), INTERSOS, Human Rights Watch, International Rescue Committee, and Government Stakeholders; including the Office of the Minister of State for Women’s Affairs, Ministry of Justice, Ministry of Social Affairs, Internal Security Forces, National Commission for Lebanese Women and the United Nations Agencies in Lebanon, including the United Nations Disaster Relief, International Labour Organization, OHCHR Regional Office, United Nations Office on Drugs and Crime, UNESCO, UNICEF, United Nations Office for Project Services, United Nations High Commissioner For Refugees, UNRWA, International Organization for Migration, ESCWA, United Nations Development Programme, UN Women and United Nations Population Fund. Our thanks also go to Chea Quorum, who translated and edited the English version, and to Sarah Al Masri and Mostapha Assi who helped in editing the Arabic version. Special thanks go to the essential reviewers who presented substantive comments, and who are: Asma Kordahi, the responsible of the United Nations Population Fund Office in Lebanon, and Joumana Zababena, the manager of the UN Women project in Lebanon titled “Men and Women for Gender Equality”. Special thanks also go to Sabine Piccard, the analyst of Lebanon programme in the United Nations Population Fund, who coordinated and managed the development of the present report since the first stages until it is published; as well as we thank Martha Falikho Mister from the regional office of the United Nations Development Programme in the Arab Countries, and Valentina Faulbi from the Arab Countries Regional Office of the United Nations Population Fund for her continuous support throughout the process. Finally, our gratitude goes to the people of Japan for their generous financial contribution in disseminating the report. UNFPA, UN Women, and UNDP July 2018. Beirut, Lebanon 6 7 List of Abbreviations UNFPA United Nations Population Fund UNDP United Nations Development Programme UN Women United Nations Entity for Gender Equality and the Empowerment of Women UNICEF United Nations Children’s Fund UNRWA United Nations Relief and Works Agency for Palestine Refugees in the Near East ESCWA United Nations Economic and Social Commissin for Western Asia UNHCR United Nations High Commissioner for Refugees OHCHR Office of the United Nations High Commissioner for Human Rights CEDAW Convention on the Elimination of All Forms of Discrimination against Women Resolution 1325 Resolution of the UN Security Council for Women, Peace and Security Paris Principles Principles relating to the National Institutions Work Standards for Human Rights Protection and Promotion Law 293 Law on the Protection of Women and Other Family Members from Domestic Violence Law 164 Law to Punish Human Trafficking Law 2002/422 Law on the Protection of Juveniles in conflict with the law or at risk Law 200/220 Law on the Rights of Persons with Disabilities in Lebanon Preamble The United Nations Population Fund (UNFPA), the United Nations Development Programme (UNDP) and the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) conducted in 2018 a joint study in 20 Arab countries, including Lebanon on laws, policies and practices related to gender-based justice and equality. The mapping with respect to Lebanon was developed through: Interventions suggested in the consultative meetings concluded by the Gender-Related Working Group of the United Nations Country Team on November 2017 ,9, Meetings with experts and jurists under the umbrella of the Sexual and Gender-Based Violence Task Force (SGBV TF) on 10 November 2017, Observations of international and local organizations, relevant United Nations agencies and independent legal experts. The concerned authorities involved in this mapping, namely UNFPA, UNDP and UN Women, have considered to further develop the mapping, include it new centres and conduct an in-depth analysis of the most prominent gaps and challenges that hinder the achievement of gender-based justice and equality in Lebanon, which makes the present report as a simplified advocacy tool that can be used by various actors to promote gender-based justice and equality in Lebanon. The report was developed through individual consultations and consultation meetings in which international and national organizations, representatives of governmental and non-governmental institutions and bodies and a number of legal experts have participated.We hereby mention that the Ministries and the concerned governmental bodies had followed-up and supported the course of the report drafting throughout their participation in meetings and through sending observations and written contributions related to the various centres of the report. 6 7 Executive Summary More than a decade after the United Nations’ adoption of the Convention on the Elimination of All Forms of Discrimination against Women, which is adopted by many countries including Lebanon, these countries returned in 2015 to commit themselves to achieve gender equality and to empower all women and girls as one of the development agenda goals for the coming years1. According to this goal, gender equality is no longer a fundamental human right only, but also one of the necessary foundations for peace, prosperity and sustainability at the social and economic level. Despite the various efforts made in Lebanon to achieve gender-based justice and equality, the picture is still bleak. In 2017, Lebanon ranked 137th out of 144 countries in the world and 11th among 14 Arab countries on the global gender gap index of the World Economic Foru2m. This index and others require an auditing analysis in a political, economic, cultural, social and security factors that Lebanon is undergoing. Therefore,