Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape and the use of threats or violence to claim a “marital right to intercourse,” although it does not explicitly outlaw spousal rape. While the government effectively enforced the law, its interpretation by religious courts in cases brought before them, and not to civil courts, precluded full implementation of civil law in all provinces, such as in the case of an abused wife compelled to return to her husband under personal status law, despite battery being outlawed. The minimum prison sentence for a person convicted of rape is five years, or seven years for raping a minor. The law no longer frees rapists from prosecution or nullifies their convictions if they married their victims.
The law criminalizes domestic violence, calls for provision of shelters, gives women the ability to file a restraining order against the abuser, and assigns special units within the ISF to receive domestic violence complaints. NGOs alleged that the definition of domestic violence was narrow and as a result did not provide adequate protection from all forms of abuse, such as spousal rape. Although the law provides for a maximum sentence of 10 years in prison for battery, religious courts could cite personal status law to require a battered wife to return to a home shared with her abuser. Some police, especially in rural areas, treated domestic violence as a social, rather than criminal, matter.
NGOs and activists criticized the domestic violence law, claiming that it does not sufficiently protect victims or punish abusers, who they alleged often received disproportionately light sentences.
Police and judicial officials worked to improve their management of domestic violence cases, but they noted that social and religious pressures–especially in more conservative communities–led to underreporting of cases. Some victims, often under pressure from relatives, sought arbitration through religious courts or between families rather than through the justice system. There were reports and cases of foreign domestic workers, usually women, suffering from mistreatment, abuse, and in some instances rape or conditions akin to slavery.
According to women’s rights NGO KAFA, victims reported that police responses to complaints submitted by battered or abused women improved during the reporting period. During the year ISF and judicial officials received training on best practices for handling cases involving female detainees, including victims of domestic violence and sexual exploitation. NGOs that provided services to such victims reported increased access to potential victims in ISF and DGS custody. The ISF continued its practice of alerting its human rights unit to all cases involving victims of domestic violence and other vulnerable groups, so officers could track the cases and provide appropriate support to victims.
During the COVID-19 pandemic, the ISF encouraged reporting of domestic violence including raising awareness on social media of their hotline for abuse survivors. The ISF reported that the number of calls to the hotline doubled between March 2019 and March. The NGO ABAAD was quoted in media saying that the government needed to increase services and availability of shelters to keep up with demand.
The Women’s Affairs Division in the Ministry of Social Affairs and several NGOs continued projects to address sexual or gender-based violence, such as providing counseling and shelter for victims.
Other Harmful Traditional Practices: In February dozens of women gathered in front of the Higher Islamic Shia Council to protest the law giving full child custody to the father automatically upon divorce. The organizers, Protecting Lebanese Women and the National Campaign to Raise the Age of Custody, called for raising the age of custody (age of emancipation) recognized by Shia courts. The protest was in reaction to a viral video of a woman, Lina Jaber, sneaking into the funeral service of her late daughter, who had been killed by stray bullets. Lina Jaber had lost custody of both her children when she filed for divorce, and her husband had forbidden her to attend the funeral.
On March 8, hundreds of protesters marched to demand raising the minimum age of marriage to 18, despite the event being officially cancelled to prevent the spread of COVID-19. Marriage is governed by 18 different sect-based personal status laws, and all sects allow girls to be married before age 18.
Sexual Harassment: The law prohibits sexual harassment, but authorities did not enforce the law effectively, and it remained a widespread problem that was among the October 2019 protesters’ most vocal complaints. The Director General of the ISF announced May 6 that during the first months of government-mandated COVID-19 shutdown, complaints of sexual harassment and sexual extortion doubled compared with the same time period before the pandemic.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and to manage their reproductive health.
Women, including survivors of sexual violence, generally had the information and means to manage their reproductive health, free from discrimination, coercion, or violence, although women in rural areas faced social pressure on their reproductive choices due to long-held societal values. According to a 2017 study conducted by the UN Population Fund (UNFPA), the most recent available, 31.7 percent of male respondents indicated that their wives used oral contraceptive pills, while 31.8 percent of female respondents indicated that they used natural methods, followed by 29 percent using intrauterine devices, 4.6 percent tubal ligation, and the remainder using female condoms, hormonal injections, or suppositories.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Women suffered discrimination under the law and in practice, including under the penal and personal status codes. The constitution does not explicitly prohibit discrimination on the basis of sex. In matters of marriage, child custody, inheritance, and divorce, personal status laws provide unequal treatment across the various confessional court systems but generally discriminate against women. All 18 recognized religious groups have their own personal status courts responsible for handling these matters, and laws vary depending on the religious group. For example, Sunni religious courts apply an inheritance law that provides a daughter one-half the inheritance of a son. Religious law on child custody matters favors the father in most instances, regardless of religion. Sharia courts weigh the testimony of one man as equal to that of two women. Nationality law also discriminates against women, who may not confer citizenship to their spouses and children, although widows may confer citizenship to their minor children born of a citizen father. By law women may own property, but they often ceded control of it to male relatives due to cultural norms and family pressure. The law does not distinguish between women and men in employment and provides for equal pay for men and women, although workplace gender discrimination, including wage discrimination, exists.
On March 9, President Aoun publicly expressed support for a unified personal status law under the civil code to replace the existing sect-based personal status laws. Since 2018 divorced women have been allowed to include the names of their children on their civil records.
Birth Registration: Citizenship is derived exclusively from the father, which may result in statelessness for children of a citizen mother and noncitizen father who may not transmit his own citizenship (see section 2.g., Stateless Persons). If a child’s birth is not registered within the first year, the process for legitimizing the birth is long and costly, often deterring families from registration. Syrian refugees no longer need legal residency to register the birth of their children. Authorities also waived several requirements for late birth registration by Syrian refugees. Birth registration remained inaccessible to some, because the government required proof of legal residence and legal marriage, documentation which was often unavailable to refugees.
Education: Education for citizens is free and compulsory through the primary phase. Noncitizen and stateless children, including those born of noncitizen fathers and citizen mothers and refugees, lacked this right. The Ministry of Education and Higher Education directed that non-Lebanese students could not outnumber Lebanese in any given classroom during the regular school shift, which sometimes limited enrollment. Syrian refugee children were not legally entitled to enroll in public schools at regular hours, although they could attend schools’ second shifts.
Educational institutions reported that, due to the economic crisis and lack of funding, a number of schools may be forced to close by the end of the year. The American University of Beirut laid off 25 percent of its workforce in June due to the economic crisis. The International Rescue Committee reported September 28 that at least one in four children in Beirut were at risk of missing a year of their education after 163 schools were damaged in the August 4 Beirut port explosion.
Child Abuse: The country lacked a comprehensive child protection law, although legal provisions furnished some protection to children who were victims of violence.
As of August 7, the child protection NGO Himaya reported assisting with more than 1,145 cases of psychological, physical, and sexual abuse as well as exploitation and neglect. The Ministry of Social Affairs has a hotline to report cases of child abuse. In a typical example, representatives of a local shelter for abused women and children described the case of a father who sexually and physically abused a child in the shelter’s care. According to the organization, the father escaped punishment through religious courts, as many families chose to handle such cases through these courts rather than the national justice system.
Child, Early, and Forced Marriage: There is no legal minimum age for marriage, and the government does not perform civil marriage. Most religious leaders opposed civil marriage, despite the fact that the country recognizes heterosexual civil marriages conducted outside the country. Each sect has its own religious courts governing matters of personal status, such as marriage, divorce, child custody, and inheritance. The minimum age of marriage varies from ages 14 to 18, depending on the sect. UN agencies, NGOs, and government officials noted high rates of early marriage among the Syrian refugee population, in some cases four times the rate of child marriage as before the conflict began. They partially attributed this circumstance to social and economic pressure on families with limited resources.
Sexual Exploitation of Children: The law prohibits and punishes commercial sexual exploitation, child pornography, and child sex trafficking. The minimum age for consensual sex is 18 for both men and women, and statutory rape penalties include hard labor for a minimum of five years and a minimum of seven years’ imprisonment if the victim is younger than 15 years old. The government generally enforced the law.
Displaced Children: Some refugee children lived and worked on the street. In view of the poor economic environment, limited freedom of movement, and little opportunity for livelihoods for adults, many Syrian refugee families often relied on children to earn money for the family, including by begging or selling small items in the streets. Refugee children were at greater risk than Lebanese children for exploitation, gender-based violence, and child labor, since they had greater freedom of movement compared to their parents, who often lacked residency permits. Some refugee children and the children of foreign domestic workers also faced obstacles to equal treatment under the law. NGOs reported discrimination against them, including bullying linked to race, skin color, religion, and nationality, although some could attend public school.
The Ministry of Education and Higher Education facilitated enrollment of almost 200,000 non-Lebanese children in the 2019-20 academic year. More than one-half of refugee children ages three to 18 were out of school, according to UNHCR. The government and some NGOs offered a number of informal education programs to eligible students.
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 Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
At year’s end there were an estimated 70 Jews living in the country and 5,500 registered Jewish voters who lived abroad but had the right to vote in parliamentary elections.
The Jewish Community Council reported that a construction site adjacent to the Jewish cemetery in Beirut regularly dumped trash and rubble into the cemetery in the beginning of the year, but the dumping stopped during the year.
The Ministry of Interior delayed the verification of the results of the Israeli Communal Council’s election of members that occurs every six years (see section 2.b., Freedom of Association). The council has repeatedly submitted requests to change its government-appointed name to reduce stigma, with no success. The council blames its official name in part for the difficulties experienced with renewals every six years.
A June report from the Anti-Defamation League found anti-Semitic educational material and incitement to anti-Semitism at educational institutions run by the education branch of Hizballah.
Rooms, shops, and a gas station were built on the land of the Jewish cemetery in Tripoli, and a lawsuit was filed in 2011. While the suit remained pending, authorities had taken no action on it by year’s end.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
By law persons with disabilities have the right to employment, education, health services, accessibility, and the right to vote; however, there was no evidence the government effectively enforced the law. Although prohibited by law, discrimination against persons with disabilities continued.
The Ministry of Social Affairs and the National Council of Disabled are responsible for protecting the rights of persons with disabilities. According to the president of the Arab Organization of Disabled People, little progress has occurred in the 20 years since parliament passed the law on disabilities.
The Ministry of Education and Higher Education stipulated that for new school building construction, “schools should include all necessary facilities in order to receive the physically challenged.” Nonetheless, the public school system was ill-equipped to accommodate students with disabilities.
Depending on the type and nature of the disability, children with a disability may attend mainstream school. Due to a lack of awareness or knowledge, school staff often did not identify a specific disability in children and could not adequately advise parents. In such cases children often repeated classes or dropped out of school. According to NGOs, children with disabilities lacked access to education, as both public and private schools often improperly refused to admit them or charged additional fees, citing a lack of appropriate facilities or staff.
The law mandates access to buildings for persons with disabilities, but the government failed to amend building codes to implement these provisions. The law does not mandate access to information or accommodations for communication for persons with disabilities.
Lebanese of African descent attributed discrimination to the color of their skin and claimed harassment by police, who periodically demanded to see their papers. Foreign Arab, African, and Asian students, professionals, and tourists reported being denied access to bars, clubs, restaurants, and private beaches at the direction and discretion of venue owners or managers.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
The law prohibits sexual relations “contradicting the laws of nature” and effectively criminalizes consensual same-sex sexual conduct between adults. The law was occasionally enforced in civilian and military courts, and it carries a penalty of up to one year in prison. In 2019 a military prosecutor in Beirut acquitted four military personnel accused of “sodomy.” The judge cleared the group of charges of committing sexual acts “contrary to nature” and declined to issue warrants for their arrest, commenting that the law does not specify what kind of relationship can be considered “contrary to nature.” The ruling was the first of its kind by a military prosecutor. In February the Government Commissioner to the Military Court issued a decision not to prosecute four LAF soldiers who were separately accused of having same-sex sexual relations. Some government and judicial officials, along with NGOs and legal experts, questioned whether the law actually criminalizes same-sex sexual conduct.
No provisions of law provide antidiscrimination protections to LGBTI persons based on their sexual orientation, gender identity or expression, or sex characteristics. NGOs continued to report employment discrimination faced by transgender women due to the inconsistency between official documentation and gender self-presentation.
NGOs stated that official and societal discrimination against LGBTI persons persisted. Observers received reports from LGBTI refugees of physical abuse by local gangs, which the victims did not report to the ISF. Observers referred victims to UNHCR-sponsored protective services.
During the COVID-19 pandemic, NGOs noted that the government-enforced lockdown from March 18 posed increased risks to the LGBTI community, which depended on community centers, tight social networks, and NGOs for emotional and financial support.
The DGS continued to maintain a travel ban on foreign attendees of the Networking, Exchange, Development, Wellness, and Achievement (NEDWA) sexual health conference, which was organized by the LGBTI rights NGO Arab Foundation for Freedoms and Equality (AFE) and was relocated outside of the country starting in 2019 due to security concerns following DGS and other agencies’ threats to expose attendees from LGBTI-hostile countries to their governments.
The government did not collect information on official or private discrimination in employment, occupation, housing, statelessness, or lack of access to education or health care based on sexual orientation or gender identity. Individuals who faced problems were reluctant to report incidents due to fear of additional discrimination or reprisal. There were no government efforts to address potential discrimination.
HIV/AIDS is stigmatized due to sensitivities about extramarital relations and LGBTI identities. NGOs reported that resources to direct patients to clinics where they can receive tests without stigma or discrimination were limited. Marsa, a sexual health center, reported six cases of discrimination against HIV-positive individuals within their workplaces, and two cases of foreign persons living with HIV who faced difficulty in receiving treatment and accessing medical care. In addition to stigma and discrimination, many persons with HIV/AIDS were unable to pay for routine tests that the Ministry of Public Health does not cover, including the blood test that must be completed and submitted to the Ministry of Public Health before any treatment may begin. The law requires the government to provide treatment to all HIV-positive citizens and Palestinian and Syrian refugees living in the country. Nonetheless, treatment was only available at one hospital in Beirut, making it difficult for patients outside of Beirut to receive treatment easily.