EMPOWERING WOMEN IN JORDANIAN LEGISLATIONS: A STUDY IN LIGHT OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) AND THE AMENDMENTS TO THE JORDANIAN CONSTITUTION IN 2022
Main Article Content
Abstract
Jordan has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) with reservations about some of its provisions for reasons related to the state's religious and national identity. Therefore, Jordanian legislations varied in terms of their compatibility with this Convention. On the other hand, a new text was added to the Jordanian Constitution under the 2022 amendments aimed at empowering women and protecting them from all forms of violence and discrimination. This added text raised the question of whether it paves the way for the lifting of reservations to CEDAW. In light of this added constitutional text, this study seeks to address and analyze Jordanian legislation to determine their role in empowering women, and to indicate their compatibility or incompatibility with CEDAW. This study concluded that Jordanian legislations include many provisions aimed at empowering women politically, economically and socially in a manner consistent with CEDAW, while preserving the regulation of the issue of nationality, personal status and family affairs in accordance with the interests of the state and its religious affiliation, and in contravention with CEDAW. The study recommended the necessity of stipulating in the constitution to grant Jordanian nationality to the children of Jordanian women married to non-Jordanians as a woman’s right, and then lifting the reservation regarding this matter in CEDAW.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Ahmad, N., Othman, R., Ghazali, N., & Syuhada, N. Cedaw Implementation in Malaysia: An Overview of Reservations from Islamic Perspective. Intellectual Discourse, (2017), 25(Special Is), 615-635.
Bydoon, M.. Reservations on the “Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)” Based on Islam and its Practical Application in Jordan: Legal Perspectives, (2011), Arab Law Quarterly, 25(1), 51-69.
Middle East News / Jordan 'Jordanian Women' Added to the Kingdom's Constitution after Parliament Brawl https://www.haaretz.com/middle-east-news/jordan/2022-01-03/ty-article/jordanian-women-added-to-the-kingdoms-constitution-after-parliament-brawl/0000017f-f748-d044-adff-f7f9de150000
Nada AlTaher. Jordan adds new reference to women's rights to constitution after parliament brawl. MENA, Jan 03, 2022. https://www.thenationalnews.com/mena/jordan/2022/01/03/jordan-adds-noun-for-women-to-constitution-after-parliamen
OHCHR. 1979. The Convention on the Elimination of All Forms of Discrimination Against Women. https://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx
Rana Husseini, Jordan, NGO, Women’s Rights in the Middle East and North Africa: Progress and Resistance (New York, NY: Freedom House, 2010)
Substantive Equality and Non Discrimination in Jordan, Shadow Report Submitted to CEDAW Committee at the 51st Session February , Page 3.
The Convention on the Elimination of All Forms of Discrimination Against Women, Preamble.
Toubat, H. S., Halim, R., & Magableh, N. (2020). The Impact of Technological Development on Legal Rules: A Case Study of Jordan. Journal of Critical Reviews, 7(8).
Obeidat, Y. M. G. (2016). The Efficient Breach Theory under Jordanian Civil Law. Arab Law Quarterly, 30(4), 336-356.
Vienna Convention on the Law of Treaties Done at Vienna on 23 May 1969.