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 24

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