The Independent Commission for Human Rights
Review and Adaption of Penal Laws
to the Convention
The Penal Law in Palestine reflects the political realm that was prevalent in
the Middle East since the Ottoman Rule and then the English, French and
Israeli occupation. The occupying power focused on the penal legislation,
using it as a major mechanism for controlling the relationship between
individuals and its own authority.
Regarding the situation of women’s rights in local and penal legislation,
the local legal system stopped short of respecting and ensuring legal
protection for women due to the cultural attitude towards women and
patriarchal authority. The Penal Law includes several provisions and
articles that run counter to the principle of equality between men and
women. It provides for varied sanctions for the same offence, depending
on whether the offender is a man or a woman. Article (282) of this law,
for example, states “a woman who commits adultery shall serve a term
of (6 -24) months in prison”. The second paragraph of the same article
states “the man who commits the same offence (adultery), while married,
shall serve a term of (3-12) months in prison”. Having two gender-based
penalties for the same offence runs counter to article (1) of the Convention,
which defines discrimination against women as:
“any distinction, exclusion or restriction made on the basis of
sex which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by women, irrespective
of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.”
It also runs counter to paragraph (A) of article (2) of the Convention,
which calls on States Parties to “embody the principle of the equality
of men and women in their national constitutions or other appropriate
legislation if not yet incorporated therein and to ensure, through law and
other appropriate means, the practical realization of this principle”. There
is also paragraph (B), which calls on States Parties to “adopt appropriate
legislative and other measures, including sanctions where appropriate,
prohibiting all discrimination against women”. It also runs counter to
paragraph (F) of the same article of the Convention, which requests States
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