WOMEN'S SITUATION
Batoul Khalifeh 
2022-07-25 🗀 Motherhood, 20 minutes
Arab mothers give their children life but not nationality!
On top of everything we struggle with as Middle Easterns, we surprisingly find a whole bunch of laws that are still unfair in general and specifically to women.
On top of everything we struggle with as Middle Easterns, we surprisingly find a whole bunch of laws that are still unfair in general and specifically to women.
How does lebanese laws discriminate against women?
Taking Lebanon for example,a country viewed as one of the most liberal territories in the region, women are crying out against discriminatory laws and religious courts governing their lives. Although making some positive strides in recent years, Lebanon is still behind some of its regional counterparts when it comes to women’s rights. Unfortunately, women in Lebanon still lack important protections against abuse and violence, personal status laws, and representation under civil and religious law. Lebanese women’s role in the community is remarkable and impressive, yet discriminatory acts that women face are various.
The first impression can be a bit deceiving. Although Lebanese women seem liberated in the way they dress, walk and talk, Lebanon is not the feminist paradise everybody imagines it to be. Lebanon is a challenging environment for women who seek equality. Although it is undeniable that Lebanese women are indeed self-seeking, tough, and intellectual in working, they are not present in top-ranking positions across a range of professions such as politics, business, and many others. Society systematically underestimates the skills and abilities of women. Basically, the idea of women in labor was not an easy thing for society to accept.
Whereas the Lebanese constitution stipulates that all citizens; males and females; are equal in terms of rights and duties, The reality is actually very different!
As Lebanese mothers cannot pass on their nationalities to their children, mothers are thus deprived of their basic rights as citizens. Lebanese nationality laws discriminate against women, preventing them from passing on their nationality to their children and spouses on an equal basis with men. This unfair law has caused Lebanese women and their families to suffer severe hardships under the country’s discrimination nationality law. The problem is not just with the nationality, but also with the knock-on effects and the troublesome situations that the whole family suffers as a consequence. As The current law affects almost every aspect of the children’s and spouses’ lives including legal residency and access to work, education, social services, and health care, Lebanon should amend an outdated nationality law to ensure that children and spouses of Lebanese women have the same right to citizenship as those of Lebanese men.
As Lebanese mothers cannot pass on their nationalities to their children, mothers are thus deprived of their basic rights as citizens. Lebanese nationality laws discriminate against women, preventing them from passing on their nationality to their children and spouses on an equal basis with men. This unfair law has caused Lebanese women and their families to suffer severe hardships under the country’s discrimination nationality law. The problem is not just with the nationality, but also with the knock-on effects and the troublesome situations that the whole family suffers as a consequence. As The current law affects almost every aspect of the children’s and spouses’ lives including legal residency and access to work, education, social services, and health care, Lebanon should amend an outdated nationality law to ensure that children and spouses of Lebanese women have the same right to citizenship as those of Lebanese men.
The suffering of rape victims
The Arabic countries, Lebanon included, currently have no national minimum age for marriage. Instead, religious courts regulate when people can marry. The Human Rights Watch found that early marriage can lead to a higher risk of marital rape, exploitation, domestic violence, and health problems. Those most at risk include Syrian and Palestinian refugees in Lebanon. However, many drafts of law raising the legal age of marriage to 18 have not passed through the Lebanese parliament because of religious backlash.
The real disaster appears when we talk about the “marry the rapist” clause!
Unfortunately, Lebanese law dictates that rape is a punishable offense with up to seven years in prison. The sentence may be extended if the victim is physically or mentally disabled by the rape. But Article 522 ensured that the rapist could avoid prosecution if he or she married the victim.
Lebanon wasn’t the only country to adopt a “marry the rapist” clause. Morocco, Tunisia, and Egypt have now abandoned their clauses, but several other countries still have this law in place, including Iraq, Algeria, Palestinian territories, Kuwait, Syria, and Libya.
Lebanon wasn’t the only country to adopt a “marry the rapist” clause. Morocco, Tunisia, and Egypt have now abandoned their clauses, but several other countries still have this law in place, including Iraq, Algeria, Palestinian territories, Kuwait, Syria, and Libya.
However, it is important to state that recently Lebanon’s parliament has abolished the law that allowed rapists to marry their victims to avoid jail time.
Violence Against Women (VAW)
Despite international efforts, violence against women (VAW) continues to be frighteningly common and tolerated within many societies in developing countries in general and Arab countries in particular under the garb of cultural norms, or through misinterpretation of religious rules. VAW may not only compromise the quality of life of women and children but also be a hidden obstacle in the economic and social development of countries.
In Lebanon, the Lebanese parliament passed a domestic violence law in 2014, which includes protection measures, such as restraining orders and policing and court reforms, as well as funding to enact the reforms. The law also introduced an official definition of domestic violence into the Lebanese criminal code. However, Lebanese women are still at risk of marital rape, which because of pressure from religious authorities, is not a part of the criminal code. A spouse’s threat or violence to claim “marital right to intercourse” is a crime, but the actual physical act is not.
Moreover, Women in Arabic countries are not entitled to their full social rights!
Personal status issues in Lebanon
Lebanon has 15 personal status laws that are religion-based (Shia, Sunni, and Druze) but has no civil code covering personal status issues such as divorce, custody of children, or property rights. The religious courts preside over cases of personal status and operate with very little government oversight, resulting in the repeated violation of women’s rights. Because Lebanon’s constitution guarantees respect for “personal status and religious interests,” religious authorities have been keeping personal status laws under their control.
Finally, it is important to mention that many international and domestic groups are fighting through institutions and on the ground for representation, protection, and power. This activism and attention may lead to a large improvement in women’s rights in Lebanon in the years to come.
As a Lebanese woman, I can assure you that we are going to continue fighting for our rights in every aspect of life and raising our voices against injustice. Never doubt that a small group of thoughtful committed individuals can change the world!