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. Parliament passed a revised domestic violence law in 2017 that clarified procedures for reporting and case management and specified that these complaints must receive expedited processing. The law made prosecution mandatory for felony offenses. Nonfelony offenses are first subjected to mediation by the Family Protection Department (FPD) of the PSD. The law now provides options for alternative sentencing in domestic violence cases with consent of the victim. NGOs noted that the law also now clarifies procedures for handling domestic violence, but the definition of domestic violence remains unclear.
In 2017 parliament abolished an article of the penal code that exonerated rapists who married their victims and amended another article prohibiting the “fit of fury” excuse for “honor crimes.” Parliament also amended the law to eliminate mitigated sentencing for honor crimes cases when the family would ordinarily drop charges. NGOs reported the number of women under protective detention decreased.
The government did not effectively enforce the law against rape, and violence against women was widespread. In January the Court of Cassation ruled that they would not allow reprosecution of a man who raped a woman in 2016 and married her to avoid criminal charges, despite the elimination of the exonerating clause in 2017.
Women may file complaints of rape or physical abuse with certain NGOs or directly with judicial authorities. As of August the FPD treated and investigated over 5,100 cases of domestic violence, including almost 1,300 cases of rape or sexual assault against women. The FPD actively investigated cases, but gave preference to mediation, with almost 2,500 of the cases referred 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 religious 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, as well as fears of violence such as honor killings, of which eight were reported in 2017, few women sought legal remedies.
The FPD continued to operate a domestic violence hotline and received inquiries and complaints via the internet and email. According to the Ministry of Social Development, the government maintained a second shelter for female victims of domestic violence in Irbid.
In November 2017 the Judicial Council assigned 107 judges, including 14 women, to specialize in handling domestic violence cases. In application of the 2017 domestic violence protection law, specialized judges were now expediting and classifying these cases; misdemeanor cases take roughly three months to resolve.
On July 30, the Ministry of Social Development officially opened Dar Aminah, a shelter for women at risk of violence and honor crimes. According to the minister and partnering NGO, 26 women, who were placed under “protective detention” in detention centers, would move to the shelter. As of October authorities had transferred 10 women to the shelter; 16 awaited transfer from Jweidah Prison.
Other Harmful Traditional Practices: During 2017 of the 42 women killed in the country through August, local media identified eight as “honor crimes.” Civil society organizations stated, however, many such crimes went unreported.
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,” a belief that persisted despite the 2017 amendment to the legal code.
As of August governors had begun referring potential victims of honor crimes to the Ministry of Social Development shelter Dar Aminah instead of involuntary protective custody in the Women’s Correctional and Rehabilitation Centers in the Jweideh and the Umm al-Lulu detention facilities.
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. Parliament amended laws to set penalties for indecent touching and verbal harassment, but did not define or substantively strengthen protections against sexual harassment. The government did not enforce this law. Sexual harassment of women and girls in public was widely reported. In September the organizers of an outdoor festival were arrested and the venue, Seven Hills, 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 migrant workers, including 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 law does not 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.
No specialized government office or designated official handles discrimination claims. The Jordanian National Commission for Women, a government-supported NGO, 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 courts for each Christian denomination adjudicate marriage and divorce, but for inheritance, sharia rules apply by default.
The law allows fathers to prevent their children under the age of 18 from leaving the country through a court order that is not available to mothers. Authorities did not stop fathers from exiting the country with their children when the mother objected. Divorced mothers may put injunctions on their former spouses to prevent them from leaving the country with their children.
The government provided men with more generous social security benefits than women. Civil servants now follow the social security law, which contains provisions for family members to inherit the pension payments of deceased male and female civil servants. Laws and regulations governing health insurance for civil servants under the Civil Service Bureau now 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.
Parliament’s 2017 amendments of the penal code granted mothers permission to give consent for surgeries on their minor children without consent of their father.
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 children of unmarried women, orphans, or certain 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 unique national identification numbers, making it difficult for them to attend school, access health services, or receive other documentation. Authorities removed children born out of wedlock from their mothers and placed them in orphanages, regardless of the mother’s desire for custody.
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.d., Stateless Persons). See section 2.d. 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 under the age of 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 the public prosecutor detained a woman for abuse related to the death of her three-year-old daughter. Forensic reports on her daughter concluded widespread traces of torture and abuse and burns on 25 percent of her body. The case remained pending with the woman being held in Jweideh 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 15 years old may be married. Judges have the authority to decide if marriage of girls between 15 and 18 years old would be “in their best interest” and to adjudicate the marriage contract.
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 under the age of 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.d.).
Institutionalized Children: NGOs reported physical and sexual abuses occurred in government institutions. 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.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.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
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. During the year, the GCHR became the deputy president of the Higher Council for Disabilities to attempt better to integrate rights for persons with disabilities. Citizens and NGOs universally reported that persons with disabilities faced problems in obtaining employment and accessing education, health care, information, communications, buildings, transportation, the judicial system, and other services, particularly in rural areas.
In June 2017 parliament amended the law on the rights of persons with disabilities, strengthening protections for workers with disabilities and criminalizing neglect of persons with disabilities. 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.
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. As part of the law, the government announced in 2017 a 10-year plan for full accessibility and inclusivity by 2027. In June 2018 the Ministry of Social Development announced its intention to transfer 500 persons with intellectual disabilities out from institutions into family or community environments. According to the Higher Council for the Rights of Persons with Disabilities, as of November 1,874 persons with disabilities remained institutionalized.
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.
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.
An NCHR report from September noted that school classrooms were not fully accessible, and there were no qualified teachers for children with disabilities. Families of children with disabilities reported that 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.
There was no information regarding abuses against those with disabilities and whether or not authorities took official action against those committing such abuses.
Four groups of Palestinians resided in the country, not including PRS, covered in section 2.d., 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. Those who were able to enter the country, despite many being turned away at the border, had access to 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.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
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 or no 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. Some 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 and AIDS Social Stigma
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, hepatitis B, syphilis, malaria, and tuberculosis. The government deported migrant workers who tested HIV-positive.