Discussion of VAW and the shortfalls of the law persist in Jordanian society. However, research has involved many fields such as Law, Sociology, Politics, and Anthropology to establish a widely acceptable definition of VAW. Most of the discussions seek to ensure that Jordanian law offers protection from DV, considering VAW and the violation of human rights based on CEDAW, which Jordan ratified in 1992. The Protection from Domestic Violence aims to preserve family ties and reduce the effects of the penal procedures followed in cases of crime among family members. It also aims to replace freedom-restricting penalties with less harmful measures in these punishments. This law allows the FPD director and the chairperson of the FPD division to apply preventive measures, including the defendant’s promise to refrain from harming the victim or any of his/her family members.409
Family Protection Law No. 6 of Jordan (2008)
There were positive changes in 2008 made by the ratification of a new law on domestic violence. ‘Law enforcement agencies and PSD410 officers under Art 9 and 11, shall go to the place where domestic violence happened in the following cases,
Upon receiving a report that there currently is a situation of domestic violence or that it is about to happen;
408 United Nation/ CEDAW (n 257). See, 'Social Institutions And Gender Index (SIGI) (n 25). 409 National Center for Human Rights 5 Annual Report, 'State Of Human Rights In The
Hashemite Kingdom Of Jordan 2008' (2008) <http://www.nchr.org.jo>.
Upon receiving a report that an effective restraining order issued under the provisions of this law has been violated
Taking a promissory note from the respondent pledging not to assault the injured or any of the family members
In cases where the inured or any of the family members is at risk, not allowing the respondent to enter the family household for no more than 48 hours
Placing the respondent at the custody of the Family Protection Department or any of its sections for a period of no more than 24 hours’411
However, violations and the practice of domestic violence continue at a high level because no instructions exist on the application of this law. For the protection of women who live in danger of their families, being held in prison may actually be beneficial to their safety. Therefore, a shelter has been established for victims of violence,
mistreatment and sexual abuse.412 This law seeks to ensure the protection of victims of abuse, while simultaneously maintaining the privacy of family. The law aims to uphold family ties and minimize the effects of criminal procedures to be followed in the case of a crime committed between family members.413 Nevertheless, this law creates a narrow definition of DV or VAW and that definition borrows from the Criminal Code. This law does not bring adequate help to female victims of violence because judges have no measures to depend on for guidance. Hence, the legal system requests effective and separate legal provisions to deal with VAW, which should be based on the Declaration on the Elimination of Violence against Women definition under recommendation No.19 of CEDAW, in favour of any act of violence not being deciding by a judge’s
411'Family Protection Law No. 6 Of Jordan (2008) | Open Corpus Of Laws'
(Corpus.learningpartnership.org, 2008) <http://corpus.learningpartnership.org/family-protection- law-no-6-of-jordan-2008.>. accessed 2015 Explained in more details in the Appendix 4. P 60 412 Peratis, 'Honouring The Killers: Justice Denied For Honour Crimes In Jordan' (n 404).
discretion.414Furthermore, the justice system’s response to VAW was reviewed by western feminist researchers to find out whether this system serves the interest of women victims of violence while they are seeking justice.415 Western feminism is important to the third world feminism because it contributes to their knowledge and increases communication between women that could lead to a truly global discourse about their problems. This can promote feminist influences in their own society. It would help to narrow the gap and many more voices would be heard, which will bring the world closer together in unity and peace.416 While there is insufficient support in the current Jordanian legal system, there is an Optional Protocol to CEDAW giving women the opportunity to file their complaints to a CEDAW committee if they can obtain a domestic remedy from the Jordanian court. However, Jordan has not yet ratified this Protocol, which would serve as a legal recommendation for judges in resolving cases and would be in the best interest of victims.417 Certainly, using western feminism matters in places like Jordan because it highlights the problems and observes whether the law can address the violence experience of these women and women’s inequality in the society. Women’s lives in Jordan are at risk. Findings prove that women suffer in positions of subordination in Jordanian society because legislation is not effective enough to provide options for the victims. In this study, key informants and participants from different police departments and legal professionals were interviewed to investigate the gap between legal policy and
414 J Vess and others, 'The Other Side Of Gender Men As Critical Agents Of Change' (United
States Institute of Peace 2013) <http://www.usip.org> accessed 2015
415 Barata, 'Abused Women's Perspectives on The Criminal Justice System's Response To
Domestic Violence' (n 67) 202-215.
416 Violet Dixon, 'Western Feminism In A Global Perspective' (2011) 3 Inquiries Journal. 417 'IANWGE Standing Committee On Women, Peace And Security' (United Nations 2011)
practice. The following concepts relating to the violence against women in the Art. 6418 and a clear definition of VAW in the family were used in Art.3419 and Art. 16.420 These articles of Law define family as those who live in a household together and acknowledge the equality of treatment for all Jordanians without discrimination, stating that they share the same rights and responsibilities. Hence, this study can be practical in the event of a violence that happens in the family, but the definition of family limits the application of this law.
Existing criminal law in Jordan is not sufficient to deal with victims of violence, rape and different acts of violence or coercion, or even with those affected by suicide. Family Law
418 Art. 6 The Constitution of the Hashemite Kingdom of Jordan: Jordanians shall be equal
before the law. There shall be no discrimination between them as regards to their rights and duties on grounds of race, language or religion. (ii) Defending the homeland, its land and people's unity and maintaining social peace are sacred duties of every Jordanian. (iii) The Government shall ensure work and education within the limits of its possibilities, and it shall ensure a state of tranquillity and equal opportunities to all Jordanians. (iv) Family is the foundation of the society. It is founded on religion, morals and patriotism. The law preserves its legal entity, strengthens its ties and values. (v) The law protects motherhood, childhood and the elderly and cares for youth and the disabled and protects them from offense and exploitation.
419 Art.3 of The Family Protection Law No.6. for 2008: For purposes of this law family members
mean, A wife and husband under a legitimate marriage contract, their children, and
grandchildren; Step children, spouse’s children from another legitimate marriage; A spouse’s parent; Siblings of any of the spouses; A child, under the age of 18 in the custody of a foster family.
420Art. 16 of the Universal Declaration of Human Rights: The family is the natural and
fundamental group unit of society and is entitled to protection by society and state. Art. 16 of CEDAW that related to marriage and family life state that 1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; (c) The same rights and
is in force within the Personal Status Law of 2010, which deals with Marriage and Family Life,421 divorce,422 rape423, and so on. Consequently, this study reflects on some legal changes that need to be applied to penal, criminal laws, family laws, and actions for resolving domestic violence. There is currently a lack of restrictive law, an absence of research into the true number of cases and limited information on the real reasons why there are limited measures to stop the violence.424 The patriarchal standards and values that permit violence against woman bring into question police officers’ a belief in what should be done for more appropriate relationships between a husband and wife and men and women.425 For this study a number of police officers were interviewed who stated that they believed that it is better to solve the problem within families rather than escalate the problem and raise it in court. They say the later makes it much harder to solve.
Taking up civilized and developed behaviour in treating such cases, where customs and traditions must be considered first, is not consistent with the dangerous nature of the crime.426Most women also have no faith in police officers because they are men from the same culture and there is a belief that they will not take any serious action to protect them.427 Where VAW is still considered to be a private matter, police interventions have no meaning because such incidents are not considered to be real crimes.428 Many studies
421 Appendix 4, Selected Statutes Provisions Art. 87. P 333. 422 Appendix 4, Selected Statutes Provisions Art. 134. P 333 423 Appendix 4, Selected Statutes Provisions Art. 340. P 333
424 Mizan-Law Group for Human Rights, 'NGO Comments On The Implementation Of
CEDAW Stipulations In Jordan. 39Th' (Mizan-Law Group 2016).
425 Dobash and Dobash, Violence Against Wives: A Case Against The Patriarchy (n 68). Also,
Brownmiller S, Against Our Will (Bantam Books 1976). P 212-217.
426 Interview with a police male participant (PM8) FPD (FPD, Nov 2013) 302. Appendix 2. 427 Interview with a female participant (F15) SIGI (SIGI, Sep 2013) 294. Appendix 2. 428 Dobash and Dobash, Violence Against Wives (n 68).
in the UK and the USA have shown that this is far from beneficial for victims of violence and that officers do not provide precise figures or information on what is happening between spouses if they involve the police in domestic abuse occurrence, with the police considering it as a family matter.429
Reviewing and investigating the Jordanian Personal Status Law of 2010 is a very
important first step because the actual harm against women and the subordinate position women experience stem from the legal regime. The law is biased, and women’s
vulnerability is not measured in certain groups. Therefore, the deficiencies in the law need to be recognized.430 Recognizing the essential needs of women based on their experience of violence and the effects of the legal executive in weakening women in society will help put pressure on those in authority to change some laws and put some new regulations in place to deal with the abuse.
With this study, evidence was obtained that VAW is understood in Jordan in a very restricted sense. Definition of violence are different from what women experience at home in Jordanian society. For instance, the current definition of violence against women does not include psychological, physical, sexual, emotional or financial abuse between partners or family members.431 As FLP5 states, the law is weak and does not incorporate psychological and moral considerations of women.432 While the definition of violence in
429 R. Lewis and others, 'Protection, Prevention, Rehabilitation Or Justice? Women's Use Of The
Law To Challenge Domestic Violence' (2000) 7 International Review of Victimology. pp. 179- 205. Also see pp.18-21.
430 Ortiz-Barreda, Vives-Cases and Gil-González, 'Worldwide Violence Against Women
Legislation: An Equity Approach' (n 21).
431National Council for Family Affairs, 'Status Of Violence Against Women In Jordan: Jordanian Woman In Numbers' (NCFA 2008)
432 Interview with Muna Dandef a female lawyer participant (FLP5) JCLA (JCLA, Dec 2013)
1992 under General Recommendation No19 states ‘gender-based violence is a form of discrimination that seriously inhabits women’s ability to enjoy rights and freedoms on basis of equality with men’.433 Also, the definition of violence in the UK, as stated by the Home Office includes ‘any incident of threatening behaviour, violence or abuse
(psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality’.434The element of coercive contract is relatively resent as a criminal offence. This study has aimed to show how law, or the legal system deals with cases of violence, and this is reflected in the understanding of the definition and concept of violence against women in Jordan – even though some women were not able to verify that they were victims of violence. This consequently stops them from reporting any incident.435 In Jordan, women’s experiences are disregarded and discounted by some professionals and the community in general because they are blamed for causing the violence. For example, the study by Muhammad M. Haj-Yahia has seen female participants ‘justify wife beating’ and accused women of causing their beating.436 Clearly, many girls experience violence before they become wives. In most Jordanian families, girls experience pressure, physical and psychological abuse from childhood. This study aims to examine ‘how the law fails to take into account the experience and values that seem more typical of women more
433 CEDAW Committee General Recommendation No 19, 1992 (11th session),
http://www.un.org/womenwatch/draw/cedaw/recommendations/recomm.htm.
434'Cross- Government Definition Of Domestic Violence A Consultation' (Home Office, 2011) <, http://www.homeoffice.gov.uk/crime/violence-against-women-girls/domestic-violence> accessed 5 March 2015
435Kelly L and Radford J, 'Nothing Really Happened: The Invalidation Of Women’s Experiences Of Sexual Violence' (n 334).
436 Haj- Yahia, M. Beliefs of Jordanian Women About wife Beating. Psychology of Women
than men, and how existing legal standards and concepts might disadvantage women’.437 Within the analysis, ethical considerations are important438 because law does not act alone and its performances are counted on a social, culture, and political level.439