Palestine & the Convention on the Elimination of All Forms of Discrimination against Women: Implications of Ratification
These partial reforms by the Chief Justice Bureau which aim to reform
the Personal Status Law are insufficient to eliminate the enormous
contraventions of the principle of equality. Most provisions of the Personal
Status Law are in contravention of articles (16, 15) of the Convention.
Article (5) of the Personal Status Law No. (16) of 1976, which is relevant
to conditions of the eligibility for marriage, states: “It shall be a condition
precedent to the eligibility for marriage that the fiancé has completed
sixteen (16) years of age and the fiancée has reached fifteen (15) years
of age”.
Article (6) of the same law states:
“a. the judge shall have the right, upon request, to wed a
virgin who has reached fifteen if the guardian has barred
the marriage from occurring [as to unjustifiably prevent her
from marriage], other than the father or grandfather from
among the guardians, without a legitimate reason; b. On
the other hand, in case her father or grandfather barred her
from marriage, her request shall not be heard unless she
has reached eighteen (18) years of age and the barring was
without a legitimate reason”.
Within the same law, article (7) states:
“the conclusion of the contract with a woman who has not
yet reached eighteen (18) years of age shall be prevented in
case her fiancé is more than twenty (20) years older than she,
unless the judge had verified her consent and choice and her
interest is established therein.”
These provisions of the law are also in clear contravention of article (16),
paragraph (2) of the Convention, which states that “the betrothal and the
marriage of a child shall have no legal effect, and all necessary action,
including legislation, shall be taken to specify a minimum age for marriage
and to make the registration of marriages in an official registry compulsory.”
The same law considers on more than one occasion the guardianship of
females as a condition for marriage. For example, article (10) states: “it
shall be a condition precedent that the guardian is of sound mind and an
adult and be a Muslim in the event the fiancée is a Muslim.” Article (12)
of the same law maintains: “in the event the closer guardian is absent,
and waiting for him might cause the loss of the fiancée’s interest, the right
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