This chapter has addressed the specific problems facing women in Jordanian society, and major strengths and weaknesses of the law in terms of protecting women from domestic violence. The significance and legal background of the study show that there are growing concerns in Jordan for what can be done to prevent violence. Categorizing the violence as a human rights issue in Jordan corresponds with international human rights norms. In doing so, this chapter presents the work of women’s movements and the process of governmental and non-governmental organizations with regards to this issue. The aims
65 ibid.
and the objectives of this study focus on exploring women’s subordination in Jordan and the real threat of violence that controls women’s lives and how it influences their ability to contribute to society. Exploring the legal system will aid in developing a greater understanding of the law’s role in the struggle to defeat violence against women in Jordan.
Chapter two discusses in more detail the methodological difficulties. In addition, it explains the types of methods engaged during the fieldwork, in particular focusing on the research process, methods of data collection and analysis. It reflects the influence of feminist methodology in the way in its planning and management. I lived among victims in an attempt understand the reality of their lives. In addition, I interviewed participants employing semi-structured interviews and including archival sources. The study also discusses several stories, to offer an account of possible ethical dilemmas and concerns that may occur during the fieldwork. This chapter will draw on the work of both national and international institutions and their programs directed towards protecting women from violence. Furthermore, it will also examine the effectiveness of the legal system in Jordan in providing legal choices to women who experience violence, specifically the law on protection from domestic violence.
The third chapter of this thesis discusses the theoretical framework and contains a review of the literature describing the development of the women’s movement in Jordan related to VAW issues. It also draws on the importance of the women’s movement in bringing about changes to the legislation and cultural attitudes in relation to VAW. It highlights the obligations the government of Jordan has undertaken under international human rights principles, and how these have influenced the changing of laws in Jordan and the development of subsequent policies directed at the eradication of VAW. I draw on feminist theories and explanations of violence against women. At the centre of my analysis, I consider how feminist scholars show the influence of gender and power in
societies.67 I submit that men are responsible for most of the cases of violence against women. In this part of the research, I draw on relevant theoretical perspectives on women’s rights and violence and place them in the context of Jordan. Furthermore, this chapter discusses the relevant historical literature and cultural values as well as some empirical accounts to explore further the issue. In addition, the response of relevant NGOs in supporting those affected by violence is examined. Finally, there is a discussion of the structure of the Jordanian family and the social norms that control and surround them.
Chapter four examines how the current law contributes to the problem of violence. It analyses the application of international conventions as they apply to women in Jordan, and the response to these conventions on the issue of the human rights. I stress the importance of the United Nations Declaration on Human Rights and raise the questions of how international NGOs work in Jordan, how they respond to and address the societal norms that justify violence towards women, and finally what obstacles they face if they are to implement the CEDAW’s recommendations.68 Furthermore, I explore the manner in which the current justice system does not serve the interest of women victims of violence. This thesis discusses the government’s responsibilities toward VAW when Jordanian women are seeking a divorce, and I will present a case study regarding conviction and sentencing as evidence that Jordanian law favours men, permitting and thus tacitly encouraging violence against women. It is important to identify the options within the legal system that help women victims and evaluate the implementation of the
67 Dobash and Dobash, Violence Against Wives (n 68).
68 See, R Carrillo, 'Overview of International Human Rights Standards and Other Agreements and
Responses of The Judicial System to Violence Against Women' (n 12). .
law and its shortcoming regarding the treatment of physical violence against women. The primary instrument in law for treating cases of violence against women is the
criminal code and putting it into practice has remained an issue because most VAW cases do not proceed with criminal charges. In addition, cases of VAW are discussed
concerning how the ‘perpetrator’ and the ‘victim’ are handled. This thesis also explains how the attitude of the police and legal professionals influence women who are victims of violence. This chapter also exposes multiple challenges victims have to overcome when using the justice system.
Chapter five presents my fieldwork findings. It analyses the status of the issue on VAW and evaluates the effectiveness and weakness of the laws on domestic violence and identify shortcomings regarding their implementation in practice. Furthermore, it attempts to highlight the projects and achievement of the association of lawyers, which was established to defend cases of VAW in local courts. I address significant issues concerning way the legal system handles cases of domestic violence against women by presenting and analysing real life incidents of VAW in Jordan. It is important to consider actual case studies of legal events, and objectively assess the law by appealing to the facts and applying logical reasoning. In addition, it analyses the extent to which women’s human rights in Jordan correspond with international human rights norms. A clearer picture of the number and the percentage of women who faced violence appears in the tables and graphs I have added to refer back to previous chapters which consider how the perceptions of NGOs representative, legal professionals, and state officials influence and limit their responses to VAW.
Chapter six concludes this thesis by making specific recommendations on how responses to violence should be improved. Making changes in the law would be a significant move forward; however, it needs to be supplemented by other measures to bring important and basic changes in attitudes. This study acknowledges the importance of feminist
daily experience.69 Where women remain ‘obedient’ under traditional gender roles they can avoid harm or humiliation for their families. I argue that International Conventions and Sharia law can work together to address women’s rights as a strategy and remedy for Jordanian society by challenging social attitudes towards domestic violence and
implanting the real teaching of the Qur’an in Jordanian law.70 We need to enhance women’s status, change cultural attitudes, and persuade men and women that violence has no part to play in normal human relationships, and is unacceptable. We should not accept men’s violence against women as natural. I acknowledge that VAW is a
multifaceted social problem and this study aims to assist in developing our knowledge base so that we are better able to stop it from developing.71
Chapter seven reviews the previous chapters and highlights the key issues raised. This chapter clarifies and amplifies my recommendations for changing laws and improving responses when tackling violence against women. By analysing and addressing problems with the legal system, we can gain a greater understanding of the law’s role related to violence against women.