Palestine & the Convention on the Elimination of All Forms of Discrimination against Women: Implications of Ratification
Parties to take appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which constitute
discrimination against women.
The effective penal laws embodied men’s hegemony over women’s lives.
For example, Penal Law No. (16) of 1960, which is in force in the West Bank,
stipulates with regard to incest offences that a male relative of a woman
as a victim of incest (up to the fourth grade) can file a complaint on behalf
of her. It also convicts both parties (man and woman) in such cases, based
on its consideration of the element of consent between both of them
and acceptance by the woman, ignoring the fact that it is a relationship
among members of a family which is based on power and domination.
These articles of the Penal Law constitute a breach of article (15) of the
Convention, which requests from States Parties to accord to women,
in civil matters, a legal capacity identical to that of men and the same
opportunities to exercise that capacity. In particular, they are expected
to give women equal rights to conclude contracts and to administer
property as well as treat them equally in all stages of procedure in courts
and tribunals.”
Article (308) of the Penal Law, which is also active in the West Bank, allows
competent authorities to stop pursuit of perpetrators of honor crimes
under Chapter Seven of the Law. The honor crimes stated under this
chapter include adultery, indecent act, breach of public morality, rape,
and abduction in cases of an appropriate marriage contract between the
victim and the perpetrator. It links the right of the Public Prosecution
to pursue the perpetrator to the dismissal of the marriage relationship.
This allows the rapist or the abductor to escape punishment by means of
marrying his victim, regardless of the psychological impact of such crimes
on the victims. The right to life of the victims of such crimes is some times
violated due to the cultural dimension, which considers the victims of
sexual crimes to be accomplices and bearers of social stigma. In cases of
rape and abduction, victims sometimes find no other option but to marry
the perpetrator as a way to avoid social stigma or lose their life. This runs
counter to article (16) of the Convention, which states that women have
the right to freely choose a spouse and to enter into marriage “only with
their free and full consent”.
Article (302) of the Penal Law states that the crime of abduction through
manipulation or coercion is punishable by a term of (2-3) years in prison if
the abductee is a male aged under (15) years, with temporary hard labour
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