Palestine & the Convention on the Elimination of All Forms of Discrimination against Women: Implications of Ratification
(f) To take all appropriate measures, including legislation,
to modify or abolish existing laws, regulations, customs and
practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute
discrimination against women.
In 2011, the President of the PNA issued Presidential Decree No. (7) of
2011, relevant to amendment of the Penal Law enforced in the Northern
governorates and the Penal Law enforced in the Southern governorates.
Pursuant to this Decree, article (340) of the first section of Chapter 8 of
Penal Law No. (16) of 1960 enforced in the Northern governorates was
repealed. The first paragraph of that article states: “he who discovers his
wife, or one of his female ascendants or descendants or sisters committing
the crime of adultery in the act and kills, wounds or injures one or both of
them, benefits from a penalty reduction”. The second paragraph thereof
states: “he who discovers his wife, or one of his female ascendants or
descendants or sisters with another in an unlawful bed or adulterous
situation and he kills, wounds or injures one or both of them, benefits
from a penalty reduction”. It also repealed article (18) of Penal Law No.
(74) of 1936, enforced in the Southern governorates, by adding “this
does not include ‘honor killing’ crimes” to the final part of the article,
which states that “it is permissible to accept excuse for a crime where
the perpetrator proves that his commission of it was unavoidable and
otherwise the results would be damaging to his honor, property, person
or the honor of his relatives whom he is bound to protect or to a property
entrusted to him. This provision could be implemented provided that
what is committed does not go beyond what is necessary to achieve the
end and that the damage resulting from such a crime is proportional to
the damage avoided.” Article (340) of the Penal Law exempts from penalty
males who murder their wives or female relatives discovered committing
adultery. The second clause of the article reduces the penalty if the victim
was found in an “adulterous situation.” The purpose of the two clauses is
to justify minimizing the punishment for “honor crimes”.
It is worth mentioning that the President of the PNA issued the above said
decision with the power of law pursuant to article (43) of the Palestinian
Basic Law, which gives the President of the PNA the power to issue such
decisions in cases of emergency provided that they be put before the PLC
in its first session.
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