Women Deprived of Liberty: the Case of

For Consideration by the UN Working Group for Discrimination Against Women

By Gildas Guegnanic, Madeleine Cravens, and Lisa Mascheroni Amman Center for Studies October 1st, 2018

The Amman Center for Human Rights Studies (ACHRS), in consultative status with ECOSOC, is an independent think tank and regional advocacy center for research and training on issues of human rights and democracy. Our work and activities aim to support civil society in Jordan, and to strengthen the general level of awareness towards human rights in the Arab World.

The work of ACHRS is framed by five institutional concentrations: women’s rights, the right to life, the right to think, the right to speak, and the right to participate. Conduct- ing studies and research provides an informational basis from which to further these aims. Introduction 1. Judicial Authority The constitution of the Hashemite Kingdom of Section Outline Jordan’s judicial system is multifaceted: during Cassation hears appeals of felonies of criminal Jordan states that all citizens, no matter their the nineteenth entury, when the country was cases and civil cases exceeding 500 JD. gender, are entitled to equal protection under 1. Judicial Authority part of the , criminal procedures the law. Yet in Jordan today, as in many coun- 1.1 Civil Courts from French Napoleonic legal codes were ad- Civil courts have jurisdiction over cases involv- tries, a large gap exists between constitutional 1.2 Religious Courts opted. ing parties of different , except if both commitments to gender equality and the reality 1.3 Special Courts parties mutually agree to submit the case to of both governmental and soial practices. 1.4 The Constitutional Court When Jordan became a British protectorate, the jurisdiction of one of the religious courts 2. Women’s Access to Justice aspects of English common law were also intro- of the country. In case of jurisdictional conflicts Jordan has signed and ratified the Universal 2.1 Social Pressure duced into the system. After gaining in- between any two religious courts or between a Declaration of Human Rights and the Interna- 2.2 Economic Disparities dependence in 1946, the King and other Jorda- religious court and a civil court, the president of tional Convention on the Elimination of all forms 2.3 Absence of Legal Aid Services nian civic leaders decided to integrate European the Court of Cassation appoints a three-judge of Discrimination Against Women (CEDAW), 2.4 Lack of Governmental Resources law into the new constitution, and established special tribunal to decide jurisdiction or to hear but the latter has been ratified with selective 3. Women and Detention the judiciary system as as one of three separate the case. reservations to key articles, such as article 9, 3.1 Detention of Female Jordanian branches of the government. pertaining to equality between men and women Citizens 1.2 Religious Courts in transferring nationality to their children, and 3.2 Detention of Female Non-Nationals Its independence is constitutionally guaranteed article 16, designed to protect women from dis- 4.Improvements to Equal Protection by the article 27 which states, «the Judicial Pow- There are two types of religious courts in Jordan: crimination in all matters related to family life. 4.1 Shelters er is independent and shall be exercised by the Shari’a courts, governing Muslims, and non-mus- 4.2 Loan Financing Programs courts of law in their varying types and degrees. lim tribunals and councils. There are sixty-four Limitations in the Personal Status Law, the 4.3 Legal Changes All judgements shall be given in accordance Shari’a courts in Jordan, and women use the Sha- national legal framework governing all fami- 5. Conclusion with the law and pronounced in the name of the ria’ system at a higher rate than men, particularly ly-related matters in Jordan, further inhibit the 6. Endnotes King». The judiciary system is responsible for the regarding issues such as or divorce.1 liberties of women. The realization of true equal interpretation and application of the rule of law protection requires women in Jordan to have, at across the country. Christian persons in Jordan also have various Terminology minimum, both unhindered access to the coun- councils according to sects existing in the country, try’s judicial system and the ability to assert their Article 99 of the Constitution divides the courts and have the ability to apply their own religious AARD: the Arab Renaissance for Democra- rights as legal entitlements under CEDAW. into three categories: Civil Courts, Religious law. Religious courts have jurisdiction over Per- cy and Development Courts, and Magistrate Courts. sonal Status and communal endowment among ACADP : the Arab Coalition Against the Despite recent improvements, such as the repeal their respective communities. Death Penalty of article 308, which allowed rapists to escape 1.1 Civil Courts ACHRS - Amman Center of Human Rights penalties by marrying their victims, and the In Jordan, civil courts have jurisdiction over Studies 1.3 Special Courts creation of shelters to mitigate instances of all persons, civil and criminal, including cases Special courts have been established under spe- ASAF: the Arab Society for Academic Free- protective detention, women in Jordan still face brought against or by the government. cific laws defining their formation, jurisdiction and dom significant discrimination in both law and prac- administration. Special courts include CEDAW: International Convention on the tice. Civil courts include : Elimination of all forms of Discrimination •the High Tribunal (or High Council or Supreme Against Women Institutional and social barriers simultaneously •Magistrate Courts, Council), which interprets the Constitution at the CRC: Correction and Rehabilitation Centre degrade the equal protection of women in the •Courts of First Instance, request of the prime minister or of either cham- ENAR: Elections Network in the Arab Region Kingdom. The state, through the justice system, •Courts of Appeal, ber of the National Assembly; JCRC: Jweideh Correctional and Rehabilita- creates obstacles that inhibit women from as- •The Court of Cassation tion Centre serting their rights: these structural deterrances •the Special Council, which may be called on by JOHUD: the Jordanian Hashemite Fund for are e compounded by externa challenges, such Magistrate Courts have jurisdiction over criminal the prime minister to interpret any law that has Human Development as income inequality and immigration status, misdemeanor cases, and cases where potential not been interpreted by the courts of law; MDW: Migrant domestic worker making certain groups of women in Jordan par- sentences do not surpass two years. They all SIGI: Sisterhood is Global Institute ticularly vulnerable to deprivations of liberties. see all cases related to labour disputes, eviction, •the High Court of Justice, which is to be consti- and trespassing, and and act as juvenile courts. tuted when necessary by the Court of Cassation. Courts of First Instance have jurisdiction over criminal cases that do not fall within the juris- diction of the Magistrate Courts. The Court of 2. Women’s Access to Justice The High Court of Justice hears habeas corpus According to UNWomen, access to justice “en- While Jordan is a regional leader in educational and mandamus petitions and may issue injunc- compasses all the elements needed to enable equality, there are instances of kept out of tions involving public servants charged with irreg- citizen to seek redress for their grievances and the educational system and within the house, ei- ularities. It also has the ability to try cabinet minis- to demand that [an individual’s] rights are up- ther by personal choice or by parental control. In ters charged with offenses. There is also a special held.”2 When an individual has their rights vi- 2008, the Jordanian Hashemite Fund for Human court known as the Land Settlement Court. After olated, they are entitled to turn to the judicial Development (JOHUD) outlined instances of the 1976 abolition of tribunal law, tribal matters system to seek redress for their grievances, no “homebound girls” in Jordan, a term later ex- came under the formal jurisdiction of the regular matter their gender. In compliance with its stat- panded in a 2013 Save the Children Report.4 courts, but instances of informal adjudication by ed obligation, Jordan’s judicial system must initi- local intermediaries or tribal authorities remained. ate legal proceedings as defined in the country’s Though compulsory through age 16 There are no official statistics citing the number of constitution. is a constitutional right in Jordan, social factors homebound girls in Jordan, but acknowledging can push parents to keep their daughters out of their existence is critical to understanding larger Despite this commitment, equal legal access is school and in the home, especially as they reach social barriers to equal civic participation and le- frequently obstructed by a variety of external puberty. There are no official statistics citing gal protection for women in the Kingdom. obstacles. Social pressures, economic disparities, the number of homebound girls in Jordan, but and the absence of legal aid services all create acknowledging their existence is critical to un- challenges for women within Jordan’s legal derstanding larger social barriers to equal civic 1.4 The Constitutional Court system. participation and legal protection for women in 2.1 Social Pressure the Kingdom. In 2011, in response the outbreak of protests throughout the MENA region, Jordanian author- In accordance with the universally recognised 2. 2 Economic Disparities ities have decided the creation and implementa- human rights principle of access to justice, the tion of a Constitutional Court. Jordanian Constitution states that « the courts Navigating bureaucratic and administrative shall be open to all and shall be free from any procedures requires time funds, both of which This Court is considered as an independent and interference in their affairs ». Despite this recog- can be difficult to come by for low-income wom- ]separate judicial body, guaranteed by legal per- nition at the highest legislative level, social bar- en, especially those who are the heads of their sonality and financial and administrative indepen- riers often prevent women from actively seeking households.Women have to navigate through dence. The Court has the accountability to over- justice. more bureaucratic and administrative proce- see the constitutionality of applicable laws and dures which require additional efforts, times and regulations and to interpret the provisions of the A recent study of 1,700 Jordanian citizens con- funds. Constitution. ducted by the Arab Renaissance for Democracy and Development (AARD) found that women Within the array of issues women tend to take seek legal help at a far lower rate than men.3 to religious courts, there are several numerous For women in Jordan, especially those from procedures, forms and processes that could be low-income families, interacting with the legal financially dissuasive. After recent modifications, system can be a fraught and overwhelming pro- many Shari’a service fees have increased.5 cess.

In certain circumstances, social norms and stig- ma can dissuade women from asserting their civil liberties, such as visiting a police station to fulfil a complaint or a court to report a violation of their rights. Though this stigma has lessened recently, women may still face backlash from their families and communities for being seen in these institutions. Once in court, women have to interact with a majority male legal staff, who can be ignorant towards women’s issues. 3. Women and Detention Recent developments in gender equality have Legal aid can be provided for criminal cases in- In Jordan, the penitentiary system is comprised 3.1 Administrative Detention not translated to improvements in women’s eco- volvlng crime who are sanctioned by execution of 15 prisons, otherwise known as Correction nomic participation. Jordanian’s women employ- or life imprisonment. Indeed, the article 208 of and Rehabilitation Centres or CRCs. There are Jordan’s women’s CRCs differ from many oth- ment rate still remains extremely low, especially Jordan’s Criminal Trial Procedures Laws provides additional temporary detention centers distrib- er women- only correctional centers across the for married women.6 that cases for crime that are penalized by capital uted throughout the northern, central and south- world: the central discrepancy is the large per- punishment, imprisonment with hard labor, life ern parts of the country. centage of female prisoners held under protec- Many Jordanian women are overburdened with imprisonment, or temporary hard labor for a pe- tive custody. unpaid care work. Through ensuring responsibil- riod of ten years can benefit from free legal aid if According to Danish Institute Against Torture ity of the phsycical and mental wellbeing of their they cannot afford it. (Dignity), nearly all women imprisoned and The Crimes Prevention Law of 1954 gives gover- households, women provide a largely invisible administratively detained in Jordan are held in nors the power to administratively detain individ- service to the economy. Due to the limited pub- However, regarding general legal matters, Jorda- two CRCs: Juweida, outside of Amman, and Um uals without trial. Legally, this period can exceed lic and privte sector economic opportunities, nian laws do not explicitly guarantee the right to Al-Lulu, located by the Syrian border. In 2016, a one year if individuals represent an imminent Jordanian women may be financially dependent legal aid. Even if, in the context of the Personal combined 3073 women were detained in Juwei- threat to their community. While this law was ini- on men: in these situations, women may be de- Status Law, the Ministry of Justice is obligated da and Umm Al-Lulu; of this group, 1721 were tially designed to prevent crimes, in practice prac- terred from using the country’s legal system to to provide legal aid, in practice, this provision is taken in as administrative detainees.11 Women tice, it allows for the use of correction centers to pursue justice because of associated costs. generally at the discretion of individual judges. are also held at Fuheis psychiatric hospital, a house women fleeing violence for indeterminate medical institution that also accommodates periods of time. Because women lack many of the economic op- These limitations are compounded by procedur- mentally ill prisoners. portunities of their male counterparts in Jordan, al regulations restricting applicants from lodging Several Amman-based NGOs cited instances they are also particularly vulnerable to imprison- a case or appeal without legal representation. The prevalence of administrative detention, or where were victims of domestic violence or those ment on small debt charges. Women in Jordan Therefore, women who do not received legal aid imprisonment without a proper trial, is perhaps at risk of so-called honour crimeswere held under are specifically at risk for imprisonment for fail- or those who cannot afford private representa- one of the most critical issues faced by both protective custody, for their own safety. Unfortu- ure to pay small debts: it is generally considered tion are restricted in their access to justice. female Jordanian citizens and foreign nationals nately, there is no reliable official data on the ex- more difficult for men to apply for micro-financ- within the country’s legal system. Protective and act number of female administrative detainees in ing loans than women, so many women take out 2.4 Lack of Governmental Resources preventive detention fall within the larger cat- Jordan. loans on behalf of their husbands. Hamzeh Hus- egory of administrative detentions, most com- sami, the founder of an Amman-based campaign The Jordanian justice sector is currently facing monly seen in the incarceration of women flee- Women are sentenced to detention through a to secure the release of Jordanian women im- administrative and financial hardships, especially ing the threat of domestic violence. According simple “administrative procedure” following a prisoned for small debts, cited multiple instances in the Shari’a court system, which is used more to the NGO Sisterhood is Global Institute (SIGI), decision of a governor, rather than a judge. This of women being jailed for loans they took on for heavily by women than men. Jordan has only 65% of all female inmates in Jordan are adminis- decision is allowed by the law, eevn without evi- their husbands’ projects, only to be divorced by 64 Shari’a courts and 234 Shari’a judges for its trative detainees.12 dence of the imminence of the threat. The wide- their husbands after imprisonment.7There have 9 million inhabitants.9 Increasing demand for spread use of protective custody undermines the been instances in the past year of women im- Shari’a services has lead to a lack of both human There have been recent efforts by national au- smooth functioning of the rule ofl law in Jordan. prisoned for failing to pay debts as low as 56JD.8 and financial resources, and the subsequent thorities to curb the number of female adminis- overcrowding of the Shari’a system dispropor- trative detainees, and between 2015 and 2016, Several local civic leaders described the Crime 2. 3. Absence of Legal Aid Services tionately affects women. the number dropped 16%.13 Yet administrative Prevention Law as incorrectly implemented, and detention remains an issue that disproportion- spoke of the absence of a national legal frame- Lack of appropriate legal aid also forms a signif- An analysis of the Chief Justice Department ately affects marginalized women in Jordan, work overseeing this practice. The lack of regu- icant obstacle towards the realization of equal Annual Statistical Report highlights the increas- specifically victims of abuse and migrant domes- lations regarding administrative detention gives treatment of women under the law in Jordan. ing number of unresolved cases that are dealt tic workers. Interviews with relevant stakeholders local governors outside the judicial system a large Unfortunately, laws that protect the right to legal with by Shari’a courts in Jordan. Between 2010 (civil society organisations, intergovernmental amount of discretionary power over the lives of assistance are scattered and do not provide a se- and 2016, the number of unresolved cases has organisation and activists) also revealed the vul- women fleeing violence. cure framework for equal access to justice: prior doubled in Jordan. The timeliness of deliber- nerability of women who lack economic, educa- inequalities are enhanced by the absence of a ation processes has also been impacted: this tional and civic resources within Jordan’s legal Human Rights Watch describes administrative de- comprehensive legislative framework that clearly specifically harms women going through divorce system. tention as used simply to detain women for “act- and explicitly outlines aid procedures. proceedings, as women cannot remarry until ing outside local norms, such as women alone in the has been formally dissolved by the public at night or in the company of men who are court, a stipulation that does not apply to Jorda- not their relatives.”14 nian men.10 Governors refer to article 3 of the Crimes Preven- A person, no matter their gender, should never Jordan is not a signatory to the 1961 Conven- Many MDWs experience violations of their labour tion Law to practise protective custody against been placed in detention without having first tion Relating to the Status of Refugees, and has rights, such as the removal of residency docu- women but on the three specific cases where ad- a trial and then get an official verdict based on no formal domestic system for granting protec- ments by employers, and are thus vulnerable ministrative detention is legal ( individuals who are a decision from a person empowered, such as tion to refugees or asylum seekers. While Jor- to arrest for accruing overstay fines they cannot found in public or private places about to commit judges. Further, governors always refer to Crime dan hosts over one and a half million refugees, pay.23 or assist in committing a crime, individuals with a Prevention Law to legally justify their decision to the lack of a regulatory framework allows for a record of theft or protecting thieves, and individ- place women in detention center, however, if we large amount of government discretion over the Other common violations included forced con- uals being free without a warranty) none of them look deep inside it, there is no article mention- detention and deportation of refugees.19 Depor- finement inside the home, delayed or unpaid sal- specifically includes women under the threat of ing, testifying or overseeing this practice. The tations are not court controlled, but rather fall aries, no day off, and working hours that exceed- murder.15 application of Article 3 to detain women in pro- under the jurisdiction of the Interior Ministry. ed the terms of the contract.24 tective custody is therefore in violation of nation- Thus, using the pretext of “preventing crimes” to al law.As a result, women in this country, face the Refugees are excluded from high-skilled and With few contacts outside the home, comestic detain women indefinitely and to confine them risk of being held for an unlimited period of time semi-skilled employment opportunities: while workers suffering abuses have little means of re- into detention center is clearly discriminatory and and without being provided of a legal assistance. the Jordanian government generally tolerates prisal. When MDWs approached police stations, violate the international conventions ratified by the participation of refugees in the country’s some officers referred them directly to their agen- Jordan such as CEDAW, the Bangkok Rules and Furthermore, concerning the national legal informal economy, the Global Detention Proj- cy or embassy without taking their statements. their rights as define in the Constitution. framework, the Protection Against Family Vio- ect also reports that violation of work permits is NGOs and embassies often lacked the appropri- lence Act constitutes the first stone of a legal the primary cause for detention for refugees in ate resources to help them. Effectively, article 1 of CEDAW highlights that dis- basis for protecting and asserting women’s Jordan.20 crimination includes any distinction made on the rights in Jordan, even if we look deeper, this Act In instances when cases made it to court, adju- basis of sex, which “ has the effect or purpose of contains some limitations, which in practice, can For many women fleeing violence in and dication took months and sometimes years, and impairing or nullifying the recognition, enjoyment restrict its good application, such as the absence Palestine, refugee status is compounded by workers remained at risk of detention, accumu- or exercise by women [...] on a basis of equality of of a juridical framework defining domestic vio- general employment discrepancies between the lation of large fines, and a lengthy period with- men and women, of human rights and fundamen- lences. Then, there is gap between this Act and sexes in Jordan, resulting in numerous instances out income.. Labor Ministry officials rarely held tal freedoms. ” the provision in Penal Code, particularly, in cases of female refugees turning to sex work or enter- employers and recruitment agencies to account involving honour crimes, where the sentences ing forced . At times, refugee camps when they violated labor protections.25 The Bangkok Rules, also known as “The United are often lenient. can function as de facto detention centers: in Nations Rules for the Treatment of Women Pris- April 2015, 11 Syrian women were arrested on Jordanian police sometimes detain domestic oners and Non-custodial Measures for Women Daining women under protective custody for prostitution charges in Irbid, and then detained workers who have fled abusive employment con- Offenders,” explicitly state protective custody preventing crimes or offenses against them can in Azraq camp.21 ditions, in violations of Jordanian law. There have should be “ temporary and only be applied when be solenny qualified as an “ illegal practice ” and also been instances of employers filing charges necessary and expressly requested by the wom- has no legal basis in Jordan. Protective custody, Migrant domestic workers (MDWs) are also of theft against domestic workers, leading to im- an concerned ” and shall in all cases be super- which is undertaken without consent, deprives particularly vulnerable within Jordan’s judicial mediate detention, prosecution, and possible de- vised by judicial or other competent authorities. women of their rights and constitutes a form of system. These women come to Jordan through portation. Many escaped workers are unable to Such protective measures shall not be continued sex-based discrimination, as women are held in recruitment agencies to be hired as domestic return home following the accumulation of fines against the will of the concerned. administrative detention at far higher rates than workers in Jordanian homes. from living in the Kingdom without legal residen- men.17 cy, a status they lose after leaving their employers According to the UN Special Rapporteur on Tor- Based on that agreement and the demand from without permission.26 The odds of imprisonment ture, “prolongation detention can amount to in- employers, the Jordanian agency creates job are far greater for migrant domestic workers who human treatment and is discriminatory.”16 Protec- 3.2 The Detention of Non-Nationals order and applies to the foreign embassy for cannot find shelter with their embassy.27 tive custody in Jordan violates the core principles approval. The two parties then issue individual of these international conventions, and can lead Women lacking Jordanian citizenship face spe- work contracts based on the applicants’ files, Overall, it is evident that police and public official to inhuman and degrading treatments of female cific challenges within the country’s legal system which each embassy must authenticate. On the fail to hold employers and agencies accountable prisoners. Many MDWs experience violations of and detention proceedings. Two particularly vul- basis of such a contract, Jordanian officials then when they violate labor protections or commit their labour rights, such as the removal of resi- nerable groups include female refugees, primar- issue immigration and work visas.22 abuse, while they immediately incarcerate MDWs dency documents by employers, and are thus vul- ily from Syria and Palestine, and female migrant when escape or are accused of theft. nerable to arrest for accruing overstay fines they domestic workers, primarily from , Many MDWs experience violations of their labour Indonesia, and the .18 rights, such as the removal of residency docu- ments by employers, and are thus vulnerable to a 4. Recent Improvements to Equal Protection

Detention conditions for MDWs are poor. Preg- Despite discrimination, there have been a vari- Under the umbrella of Jordan’s Ministry of Social- nant migrant women and those with young chil- ety of improvements for women within Jordan’s Development, the state provides security and po- dren experience particular difficulties in Jordan’s legal system over the past five years. Most litical backing, with the government carrying the CRCs. According to a report by the Dignity Pub- noticeable is the recent creation of shelters for legal responsibility for the women’s lives.38 lication series, NGOs have reported instances of women fleeing threats of domestic violence and migrant women in Jordan being raped by their honor killings: this past July, twenty-nine wom- The guest house is protected by a fiberglass bar- employers, detained, and then forced to relin- en detained in Juewieda for protective reasons rier and an armed guard is on duty the whole quish their newborns to state-run institutions.28 were moved into a shelter created specifically for day. Inside, mobile phones are banned in case Similarly, the Dignity report cites cases of foreign women facing the risk of honor crimes.33 GPS-driven apps and social media “check-ins” women detained following divorces from and cus- reveal the location of staff members and guests. tody battles with former Jordanian husbands.29 The Jordanian Minister of Social Development, Everyone, including the administration, uses a Hala Lattouf, has claimed all cases of preventive landline to communicate with the outside world.39 To mitigate the persecution of female migrant or protective detention will cease by 2019.34 domestic workers, regulations on recruitment Other improvements include the increase of Dr. Feryal Al-Assaf, the Director of Studies and agencies should be implemented. In 2009, the loan-financing campaigns for women detained documentation department and Civil Society Co- government issued regulations that increased on small debt charges and changes in the penal operation Coordinator of the National Center regulations on recruitment agencies, and crim- code. Human Rights, told us that two other shelters are inalized and forced labor for exploitation under 4.1 Shelters in the plans, one in the north and one in the south a new law against human trafficking.30 Nonethe- of Jordan. The Center is contributing to the cre- less, the law often has not been applied and the For years, the Jordanian government and civil ation of a shelter for women migrant workers, in labour minister continues to receive complaints society groups and activists worked to estab- collaboration with the Ministers of Labor and Jus- from domestic workers.31 lish an alternative for women whose lives are in tice. This shelter is due to be inaugurated in 2019. danger due to reasons related to “family hon- In 2016, after receiving 960 complaints from our.” The Ministry of Social Development started 4.2 Loan Financing Projects MDWs and dealing with 1,402 cases of MDWs a almost three year project in collaboration with leaving their employers prior to the termination local NGOs led by Mizan Law Group for Human As stated in section two, economic difficulties of their contracts, the Labour Ministry claims to Rights, and other relevant security ministries and faced by women in Jordan are linked to chal- gave warnings to twenty-seven recruitment agen- agencies. lenges within the legal system: this is perhaps cies for misconduct and shut down eight.32 most clearly seen through numerous instances of In August 2017, The Ministry of Social Develop- women being detained on small debt charges. ment said it had finalised a regulation draft that Local fundraising campaigns have emerged as a will govern the operation of a shelter for women way to release women held in prison after failing , instead of placing them in the women’s correc- to pay micro-financed loans. Over the summer tional and rehabilitation facilities for indefinite of 2017, 92 women held for debts under 400JD periods without any charges laid.35 . The govern- (560 USD) were released after receiving aid ment allocated 1 million JD to start this housing from a fundraising campaign headed by activist project. 36 Hazmeh Hussami. 40 Donors from both inside and outside Jordan contributed financial sup- 5. Conclusion

Changes in detention practices are particularly The denial of the rights of women and girls can Strengthening the participation of women in important for cases of pregnant women and new manifest in a variety of settings and forms: this Jordan’s political and economic systems will be who have accrued small debts out of report has sought to demonstrate the scope invaluable in protecting the rights of both wom- necessity, as the imprisonment of these groups is of deprivations of women’s liberties in Jordan, en and girls. Lack of economic opportunities a violation of international law.41 Because wom- giving particular attention to the prevalence of constrains women’s ability to claim justice and to en are generally granted loans more easily than administrative detention in the country. seek mean of redress. Equal access to justice is men, they can face detention after their hus- the foundation for gender equality and support- bands take out loans in their name without their Administrative detention primarily harms two ing women’s empowerment is the first step to a knowledge.42 Tighter regulations on loan pro- already vulnerable groups: women fleeing honor fairer and equitable society. cesses could help to effectively combat this form crimes and other forms of violence, and female of unjust imprisonment. migrant domestic workers. Some improvements Women’s liberties could be further protected have been made to protect the rights of these by encouraging the appointment of women to 4.3 Legal Changes populations in Jordan, but more must be done decision-making positions, such as Shari’a judg- to ensure their fair treatment within the country’s es. The lack of female Shari’a judges in Jordan In recent years, the Jordanian government has legal system is a pressing issue, as women use courts launched a progressive reform agenda to im- at higher rate than men, yet must face predomi- prove and ensure better legal protection for nantly male court staffs. women. According to the former minister of Repealing the Crime Prevention Law is neces- Justice, Mr Bassan Talhouni, the government is sary to end the risks of protective detention and Women are denied liberty in both law and prac- committed to make legal amendments to ensure fully ensure the liberties of all women in Jordan. tice, and going forward, both forms of discrimi- women’s liberties. Shelters must also be coordinated with eco- nation should be accounted for. Legally, Jordani- nomic and social programs that allow women to an men who marry foreign women have the right In 2017, the amendment of the Domestic Vio- successfully reenter society, and men who have to pass on their nationality to their children and lence Protection Law was endorsed by both the attempted or committed honor crimes must be their wives, while women who marry non-Jorda- Senate and the Lower House. This law aim to consistently persecuted to the full extent of the nians are denied the same rights. tackle loopholes on the enacted Family Protec- law. tion Law of 2008 and to enhance the stability hese laws and regulations are part of a bigger and safety of family members, especially women Protecting the rights of migrant domestic work- system of traditions and practices well rooted and children, by obliging health, education and ers poses an array of challenges within Jordan’s in a patriarchal society, that are hard to repeal. social services to report any case of domestic existing visa sponsorship system: accounts from Projects like the one at the National Human violence to law enforcement institutions. both domestic workers and their employers Rights Center, where lawyers meet with police demonstrate the variety of factors that enable men, teachers and other members of the civic Also in 2017, article 98 was amended, prevent- mistreatment and incarceration.The Kingdom of society can truly improve the situation in long ing perpetrators of crimes “gainst women” to re- Jordan must commit to investigating and prose- term Unfortunately, these kind of initiatives are ceive mitigated sentences. The provision leaves cuting abuses against migrant domestic workers. few and need funding. a loophole, however, under article 340 of the In doing so, access to legal aid and to proficient same law, which allows for mitigated sentences interpretation in their tongue should be Overall, traditional gender roles are still strongly for those who murder their spouses discovered provided. Additionally, agencies should be held rooted in Jordan, and this affects the division of committing adultery.43 accountable by the government for any and all labor within the Jordanian society and women’s violations of labor protections. economic and political participation, as much as In 2018, article 308 of the Jordan’s Penal Code, legislation and policies. that allowed perpetrators of sexual assault to National laws, policies and regulations governing avoid punishment by marrying their victims was the rights of inmates in detention (including the repealed. Constitution, Penal Code, Criminal Procedure Code, and the Prison Law) should be amended when they discriminate or do not protect the human rights of women, in line with the Bang- kok Rules and other international standards on detention. Endnotes 1“Women’s Access to Justice: a Framework for Inquiry,” Arab Renaissance for Democracy and Development, 2017. 2UN Women, Council of Europe, 2015 3“Jordanians widely disillusioned with the justice system,’” the Jordan Times, March 5 2018. 4 “Homebound Girls in Jordan,” Save the Children, 2013. 5 “Women’s Access to Justice, AARD. 6 Ibid. 7 Goussous, Suzanna, “Activists campaign for release of women jailed on small debts,” the Jordan Ti May 6 2017. 8 Goussous, Suzanna, “92 women debtors released from prison as of Thursday,” the Jordan Times, June 1 2017. 9 “Women’s Access to Justice,” AARD. 10 Ibid. 11“More than 3000 Women Sent to Jordanian Correctional Centers,” Roya News, March 19 2018. 12 “Administrative Detention in Jordan 2017,” Sisterhood is Global Institute, 2017. 13 Ibid. 14 Human Rights Watch, Guests of the Governor : Administrative detention undermines the Rule of Law in Jordan, 2009 . 15 Article 3, Crimes Prevention Law, 1954 16 United Nations Office of the High Commissioner for Human Rights, “Statement of the United Nations Special Rapporteur on torture at the Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay”, 3 October 2013 17 Committee on Elimination of Discrimination against Women, General Recommendation No. 19: Vio lence against women, note 2, 1992. 18 Baker, Jo, and Sondergaard, Elena, “Conditions for Women In Detention in Jordan: Needs, Vulnerabilities, and Good Practices” Dignity: Danish Institute Against Torture,” Dignity Publication Series on Torture and Organized Violence,” 2015. 19 Molnar, Peter, “Discretion to Deport: Intersections Between Health and Detention of Syrian Refugees in Jordan,” Refuge no 2, issue 33, 2017. 20 Jordanian Immigration Detention Profile,” Global Detention Project, 2015. 21 Molnar, Peter, “Discretion to Deport: Intersections Between Health and Detention of Syrian Refugees in Jordan,” Refuge no 2, issue 33, 2017. 22 Conditions for Women in Detention in Jordan,” Dignity Publication Series, 2015. 23 Ibid. 24 “Employers’ prospectives towards domestic workers in Jordan,” International Labor Organization, 2015. 25 “Domestic Plight: How Jordanian Law, Officials, Employers, and Recruiters Failed Abused Migrant Domestic Workers,” Human Rights Watch, 2011 26 Ibid. 27 Su, Alice; “Migrant domestic workers in Jordan run the gauntlet between abuse and jail”, The Guardian, March 27, 2017. Accessed September 25, 2018. 28 “Conditions for Women in Detention in Jordan,” Dignity Publication Series 29 Ibid. 30 Domestic Plight: How Jordanian Law, Officials, Employers, and Recruiters Failed Abused Migrant Domestic Workers,” Human Rights Watch. 31 Ibid. 32 Su, Alice; “Migrant domestic workers in Jordan run the gauntlet between abuse and jail”, The Guardian, March 27, 2017 33 “Shelter opens for Jordanian women at risk of honor crimes,” Roya News,” July 13 2018. 34 “Social Development Ministry: Preventative detention of women to cease by 2019,” Roya News, September 13 2018. 35 Husseini, Rana. “Draft regulation for ‘honour crime’ victims’ shelter ready — Social Development Ministry“. The Jordan Times, August 21, 2017. 36 Husseini, Rana. “Shelter located for women under threat — Social Development Ministry”. The Jordan Times. November 29, 2017. 37 “Shelter opens for Jordanian women at risk of honour crimes,” Roya News,. July 31, 2018. 38 Luck, Taylor. “In Jordan, ‘house of safety’ offers hope and freedom to at-risk women”. The Christian Science Moitor. September 14, 2018. 39 Ibid. 40 Goussous, Suzanna, “92 women debtors released from prison as of Thursday,” the Jordan Times, June 1 2017. 41 “Jordanian Activists Campaign for Release of Women Jailed for Unpaid Debts,” Albawaba, May 11 2017. 42 Anonymous, “Behind Concrete Walls: On Remand in Amman,” Centre for Transnational Development and Cooperation, January 5 2016. 43“Jordan, Events of 2017,” Human Rights Watch, 2017.