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).