Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law stipulates a sentence of at least 10 years of imprisonment with hard labor for the rape of a girl or woman 15 years old or older. Spousal rape is not illegal. The law makes prosecution mandatory for felony offenses, including rape. Nonfelony offenses, such as certain cases of domestic violence, are first subjected to mediation by the Family Protection Department (FPD) of the PSD. The law provides options for alternative sentencing in domestic violence cases with consent of the victim; during the year the National Council for Family Affairs noted that three cases were referred to alternative sentencing. The government did not effectively enforce the law against rape, and violence against women was widespread. While the reported number of “honor” crimes decreased, deaths resulting from domestic violence increased, according to local NGOs. In August a human rights NGO reported that 17 death cases were recorded since the beginning of the year against women, all of which were a result of domestic violence.
Women may file complaints of rape or physical abuse with certain NGOs or directly with judicial authorities. Due to social taboos and degrading treatment at police stations, however, gender-based crimes often went unreported. As of October the FPD treated and investigated 6,741 cases of domestic violence. The FPD actively investigated cases but gave preference to mediation, referring almost all cases to the social service office. Some NGOs and lawyers reported pressure against taking physical abuse cases to court. Spousal abuse is technically grounds for divorce, but husbands sometimes claimed cultural authority to strike their wives. Observers noted while judges generally supported a woman’s claim of abuse in court, due to societal and familial pressure and fear of violence such as “honor” killings, few women sought legal remedies.
Governors used the Crime Prevention Law to detain women administratively for their protection. The Ministry of Social Development operated a shelter for women at risk of violence and “honor” crimes. In its first year of operation since opening in 2018, the shelter served 72 women and had room to house up to 40, including administrative detainees from the Juweideh correctional and rehabilitation center, women referred to the shelter by the Family Protection Department (FPD), and women who were directly referred to the shelter by governors. Children younger than age six were allowed to accompany their mothers, including for the first time two newborns who were reunited with their mothers who had previously been detained under protective custody, following advocacy by civil society activists.
The FPD continued to operate a domestic violence hotline and received inquiries and complaints via the internet and email. The Ministry of Social Development maintained a second shelter for female victims of domestic violence in Irbid.
In April the ministry launched a national initiative aimed at preventing and responding to gender-based violence. A manual was also created for providing health care and treating sexual assault victims. NGOs reported that health-care providers and teachers were still hesitant to report abuse of victims due to the absence of witness protection guarantees. Specialized judges continued expediting and classifying domestic violence cases; misdemeanor cases took approximately three months to resolve, according to legal aid NGOs.
Other Harmful Traditional Practices: Through August, 17 women were killed in the country. All cases were pending investigation, with none being identified as an “honor” crime as of November. Civil society organizations stated that many such crimes went unreported, especially in nonurban areas.
There were no reported instances of forced marriage as an alternative to a potential “honor” killing during the year, although NGOs noted that many cases of forced marriage occurred shortly after an accusation of rape due to family and societal pressure before any formal trial began. Observers noted that if a woman marries her rapist, according to customary belief, her family members do not need to kill her to “preserve the family’s honor,” despite the 2017 amendment to the penal code to end the practice of absolving rapists who married their victims. Nevertheless, NGOs noted that this amendment helped reduce such instances and encouraged more women to report rape, especially given the establishment of the shelter.
In August 2018 governors began referring potential victims of “honor” crimes to the Ministry of Social Development shelter instead of involuntary “protective” custody in a detention facility. During the year governors directly referred 36 women to the shelter.
In April parliament raised the age of marriage in exceptional cases from 15 to 16 and authorized the use of DNA tests and scientific means to identify biological paternal relation of a newborn associated with “rape, deception, and deceit.”
Sexual Harassment: The law strictly prohibits sexual harassment and does not distinguish between sexual assault and sexual harassment. Both carry a minimum prison sentence of four years of hard labor. The law also sets penalties for indecent touching and verbal harassment but does not define protections against sexual harassment. Sexual harassment of women and girls in public was widely reported. In September 2018 the organizers of an outdoor festival were arrested, and the venue was closed after allegations of sexual harassment spread on social media. The ensuing investigation led to criminal charges for the unauthorized sale of alcohol. NGOs reported refugees from Syria and foreign workers, particularly garment workers and domestic workers, were especially vulnerable to gender-based violence, including sexual harassment and sexual assault, in the workplace.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The constitution guarantees equal rights to men and women. The law, however, does not necessarily provide for the same legal status, rights, and inheritance provisions for women as for men. Women experienced discrimination in a number of areas, including divorce, child custody, citizenship, the workplace, and, in certain circumstances, the value of their testimony in a sharia court handling civil law matters.
No specialized government office or designated official handles discrimination claims. The Jordanian National Commission for Women, a quasi-governmental organization, operated a hotline to receive discrimination complaints.
Under sharia, as applied in the country, daughters inherit half the amount that sons receive. A sole female heir receives only half of her parents’ estate, with the balance going to uncles, whereas a sole male heir inherits all of his parents’ property. Women may seek divorce without the consent of their husbands in limited circumstances such as abandonment, spousal abuse, or in return for waiving financial rights. The law allows retention of financial rights under specific circumstances, such as spousal abuse. Special religious courts for recognized Christian denominations under the Council of Churches adjudicate marriage and divorce for Christians, but for inheritance, Muslim sharia rules apply by default.
The law allows fathers to prevent their children younger than age 18 from leaving the country through a court order, a procedure unavailable to mothers. Authorities did not stop fathers from leaving the country with their children when the mother objected, although divorced mothers may seek injunctions on their former spouses to prevent them taking the children abroad.
The government provided men with more generous social security benefits than women. Civil servants follow the social security law, which contains provisions for family members to inherit the pension payments of deceased civil servants, which are inherited in differing amounts according to the gender of the heir. Laws and regulations governing health insurance for civil servants under the Civil Service Bureau permit women to extend their health insurance coverage to dependents or spouses, even if they are not Jordanians. Men must be citizens to extend full insurance benefits to spouses and dependents.
In April parliament amended the law to allow a non-Muslim mother to retain custody of her Muslim children beyond the age of seven (the previous limit).
Birth Registration: Only fathers can transmit citizenship. The government did not issue birth certificates to all children born in the country during the year. The government deemed some children–including orphans, children of unmarried women, or interfaith marriages involving a Muslim woman and converts from Islam to another religion–”illegitimate” and denied them standard registration. Instead, the government issued these children special national identification numbers that differed from the standard national identification numbers given to most Jordanians, which made it difficult for these children to attend school, access health services, or receive other documentation. Authorities separated children born out of wedlock from their mothers and placed them in orphanages, regardless of the mother’s desire for custody. Nonetheless, NGOs reported two cases of newborns allowed to reunite with their mothers who were residing at the Ministry of Social Development shelter.
Education: Education is compulsory from ages six through 16 and free until age 18. No legislation exists to enforce the law or to punish guardians for violating it. Children without legal residency face obstacles to enrolling in public school. Some children of female citizens and noncitizen fathers must apply for residency permits every year, and authorities did not assure permission (see section 2.g., Stateless Persons). See section 2.f. for information on access to education for Syrian refugees.
Children with disabilities experienced extreme difficulty in accessing constitutionally protected early and primary education.
Child Abuse: No specific law provides protection for children, but other laws specify punishment for child abuse. For example, conviction for rape of a child younger than age 15 potentially carries the death penalty. There were no convictions for rape of a child younger than 15 during the year. Local organizations working with abused children pointed to gaps in the legal system that regularly resulted in lenient sentencing, particularly for family members. In child abuse cases, judges routinely showed leniency in accordance with the wishes of the family. In some cases authorities failed to intervene when confronted with reports of abuse, resulting in escalating violence and ultimately death.
In January 2018 the public prosecutor detained a woman for abuse related to the death of her three-year-old daughter. Forensic reports on her daughter noted widespread traces of torture and abuse and burns on 25 percent of her body. The case remained pending, while the accused woman was held at the Juweideh detention center.
Early and Forced Marriage: The minimum age for marriage is 18. With the consent of both a judge and a guardian, a child as young as 16 years old may be married. Judges have the authority to decide if marriage of girls between 16 and 18 years old would be “in their best interest” and to adjudicate the marriage contract. Early and forced marriage among Syrian refugee populations remained higher than among the general population in Jordan. As of 2018, 36 percent of Syrian marriages in the country involved an underage bride, according to an international NGO. According to local and international organizations, many early marriages were initiated as a negative coping mechanism to mitigate the stresses of poverty experienced by many Syrian refugee families.
Sexual Exploitation of Children: The law stipulates a penalty for the commercial exploitation of children of six months’ to three years’ imprisonment. The law prohibits the distribution of pornography involving persons younger than age 18. The law does not specifically prohibit the possession of child pornography without an intention to sell or distribute. The law penalizes those who use the internet to post or distribute child pornography. The minimum age of consensual sex is 18, although sexual relations between minors whose marriages the courts approved are legal.
Displaced Children: Given the large refugee population, there were significant numbers of displaced children (see section 2.f.).
Institutionalized Children: Authorities automatically referred cases involving violence against persons with disabilities or institutionalized persons to the FPD. The community monitoring committee highlighted the pervasive use of physical discipline; physical and verbal abuse; unacceptable living conditions; and a lack of educational, rehabilitative, or psychosocial services for wards and inmates.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parent Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
Aside from foreigners, there was no resident Jewish community in the country. Anti-Semitism was present in media. Editorial cartoons, articles, and opinion pieces sometimes negatively depicted Jews without government response. The national school curriculum, including materials on tolerance education, did not mention the Holocaust, but it was taught in some private school curriculums.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law generally provides equal rights to persons with disabilities, but authorities did not uphold such legal protections. Disabilities covered under the law include physical, sensory, psychological, and mental disabilities. The Higher Council for Affairs of Persons with Disabilities, a government body, worked with ministries, the private sector, and NGOs to formulate and implement strategies to assist persons with disabilities. Citizens and NGOs universally reported that persons with disabilities faced problems obtaining employment and accessing education, health care, information, communications, buildings, transportation, the judicial system, and other services, particularly in rural areas.
The law requires private companies to hire workers with disabilities, forbids employers from firing employees solely because of their disability, and directs employers to make their workplaces accessible to persons with disabilities.
In July the mayor of Amman announced the launch of the new “Amman bus” project as the first transport system in the country designed for access by persons with disabilities. Media and social media influencers who toured the buses commented that improved public transport system would help make the workplace more accessible for persons with disabilities. During the year the Jordan Free Zones Investment Commission also amended its vehicles bylaw to exempt persons with disabilities from vehicle taxes.
In March, NGOs conducted public debates to raise awareness on inclusive work spaces, including the development of a manual with 40 questions and answers and instructions and guidelines for public and private sector employers to encourage employment of persons with disabilities. An NGO created an e-platform to spread awareness further, in addition to advocacy sessions to engage government institutions and the private sector.
Activists noted the law lacked implementing regulations and funding, and authorities rarely enforced it. Authorities exempted from the quota employers who stated the nature of the work was not suitable for persons with disabilities.
The electoral law directs the government to verify that voting facilities are accessible to persons with disabilities and allows such persons to bring a personal assistant to the polling station.
The law tasks the Special Buildings Code Department with enforcing accessibility provisions and oversees retrofitting of existing buildings to comply with building codes. The vast majority of private and public office buildings continued to have limited or no access for persons with disabilities. Municipal infrastructure such as public transport, streets, sidewalks, and intersections was not accessible.
In the health sector, the Ministry of Health renovated four maternal and child health units to increase accessibility for persons with disabilities. The University of Jordan installed a tactile walkway specifically designed for visually impaired, enabling greater orientation and mobility on the campus.
The PSD national 9-1-1 emergency call center provided emergency services for citizens with hearing and speech impediments by using sign language over a video call. These PSD interpreters were also available for citizens to use when discussing issues with government offices where a representative who can communicate via sign language was not present.
NGOs reported on the implementation of donor-supported programs targeted at building and refurbishing approximately 25 new public schools throughout the country to create inclusive student-centered learning spaces. These schools, serving more than 20,000 students, incorporated accessible infrastructure, furniture, and learning equipment. An NCHR report from October noted school classrooms were not fully accessible and that there were no qualified teachers for children with disabilities. Families of children with disabilities reported teachers and principals often refused to include children with disabilities in mainstream classrooms.
Human rights activists and media reported on cases of physical and sexual abuse of children and adults with disabilities in institutions, rehabilitation centers, and other care settings. The government operated some of these institutions.
The Higher Council for the Rights of Persons with Disabilities did not receive any complaints of abuses against persons with disabilities during the year.
Four groups of Palestinians resided in the country, not including the PRS covered in section 2.f., many of whom faced some discrimination. Those who migrated to the country and the Jordan-controlled West Bank after the 1948 Arab-Israeli war received full citizenship, as did those who migrated to the country after the 1967 war and held no residency entitlement in the West Bank. Those still holding residency in the West Bank after 1967 were no longer eligible to claim full citizenship, but they could obtain temporary travel documents without national identification numbers, provided they did not also carry a Palestinian Authority travel document. These individuals had access to some government services; they paid 80 percent of the rate of uninsured foreigners at hospitals and noncitizen rates at educational institutions and training centers. Refugees who fled Gaza after 1967 were not entitled to citizenship, and authorities issued them temporary travel documents without national numbers. These persons had no access to government services and were almost completely dependent on UNRWA services.
Palestinians were underrepresented in parliament and senior positions in the government and the military, as well as in admissions to public universities. They had limited access to university scholarships. They were well represented in the private sector.
Authorities can arrest LGBTI individuals for allegedly violating public order or public decency, which are crimes under the penal code. While consensual same-sex sexual conduct among adults is not illegal, societal discrimination against LGBTI persons was prevalent, and LGBTI persons were targets of violence and abuse, including rape, with little legal recourse against perpetrators. Transgender individuals were especially vulnerable to acts of violence and sexual assault. LGBTI persons reported discrimination in housing, employment, education, and access to public services. The law does not prohibit discrimination against LGBTI individuals. LGBTI individuals reported the authorities responded appropriately to reports of crime in some cases. Other LGBTI individuals reported reluctance to engage the legal system due to fear their sexual orientation or gender identity would either provoke hostile reactions from police, disadvantage them in court, or be used to shame them or their families publicly. LGBTI community leaders reported that most LGBTI individuals were closeted and feared disclosure of their sexual orientation, gender identity, or sex characteristics. The Media Commission banned books containing LGBTI content.
During the year there were reports of individuals who left the country due to fear that their families would kill them because of their gender identity.
HIV/AIDS was a largely taboo subject. Lack of public awareness remained a problem, because many citizens believed the disease exclusively affected foreigners and members of the LGBTI community. Society stigmatized HIV/AIDS-positive individuals, and they largely concealed their medical status. The government continued its efforts to inform the public about the disease and eliminate negative attitudes about persons with HIV/AIDS, but it also continued to test all foreigners annually for HIV/AIDS, as well as for hepatitis B, syphilis, malaria, and tuberculosis. The government deported migrant workers who tested HIV-positive.