Jordan Times
Tuesday, July 19, 2005
Report outlines need to
speed up legislative process to protect children's rights
The report reveals that obstacles faced five years ago in meeting
some of the convention's principles for child protection and development persist
today
By Dalya Dajani
AMMAN — While Jordan has continued to make progress in advancing children's
rights, the pace of legislative change for both children and juveniles has not
improved significantly over the past few years, a national report revealed on
Monday.
In the third periodic update on the implementation of the Convention on the
Rights of the Child (CRC), the report reveals that obstacles faced five years
ago in meeting some of the convention's principles for child protection and
development persist today.
This includes the challenge of pushing children's rights to the top of the
national agenda and addressing delays by Parliament in endorsing draft laws.
“There has been a lack of priority in submitting draft laws pertaining to
children and juveniles to Parliament over recent years which reflects negligence
on the part of the government when it comes to advancing child rights,” said
UNICEF Gender/Education and Child Protection Officer Maha Homsi.
“Support for these legislations is critical as already they are at risk of
falling behind from competition with other temporary laws that are considered
more important on the Parliament's packed agenda,” she added.
UNICEF is mandated with monitoring Jordan's progress in meeting CRC principles
and provisions.
Jordan signed the international instrument in 1990 but has so far failed to
ratify it.
The report, compiled by 140 local experts, scholars, child specialists, lawyers
and Sharia lawyers over the past year, gives an update on the country's progress
since the last report in 1998.
Back in 1998, the CRC committee expressed its concern about the lack of “speedy
action” in the adoption of improved legislation for children.
Legislators and child rights advocates, through UNICEF and the National Council
for Family Affairs, have since worked hard to focus government attention on the
importance of several draft legislations protecting juveniles and children.
If endorsed, these draft legislations would bring unprecedented changes in the
way the justice system deals with crimes against children and their
perpetrators.
One includes Section 2 of Article 97 of the Penal Code, which at present gives
the guardian of an abused child, (considered the father) the right to drop
charges against the perpetrator.
Such practices are common in traditionally conservative countries such as
Jordan, where families prefer to deal with such issues in private to avoid
public shame.
While the court holds the legal authority to enforce the maximum sentence,
judges often reduce them when personal charges are dropped.
Sharia judges, child and women rights activists have pushed to see Article 97
amended over the past year on the grounds that the law does not safeguard the
welfare of the child by his or her guardians as afforded by the tenets of the
Islamic Sharia.
If endorsed, the draft legislation will deny the judge the right to reduce the
criminal's sentence to below that of the minimum sentence which currently stands
at one year.
Other draft laws include raising the one-year minimum prison term for felonies
such as sodomy, rape and sexual abuse of children to three years, as well
maintaining the death penalty for the rape of females under the age of 15,
rather than the proposed law of life imprisonment with hard labour.
Another important draft legislation currently waiting endorsement aims the age
of criminal responsibility from 7 to 12 years as a direct response the CRC
committee's concern in 1998.
UNICEF's officer in charge, Nasser Moeini, said yesterday that Jordan's
Childhood Act Law, under which several of these legislation are listed, was a
major step forward in guaranteeing the best interests of the child.
Moeini, however, emphasised that Jordan should follow through on submitting the
CRC to the Jordanian Parliament for approval and its inclusion in the official
gazette so that it becomes binding in a court of law.
Positive track
Despite slow legislative progress, the Kingdom has made steady strides in other
areas to protect children's rights.
Jordan set up a child labour unit (CLU) at the Ministry of Labour at the
beginning of 2001 and has since ratified major international treaties such ILO
convention No. 138 which raised the minimum working age to 18 and ILO law No.182
for the elimination of the worst forms of child labour.
The CLU has also carried out updated surveys to define the scope and many facets
of child labour in Jordan.
The “Dar Al Aman” shelter, established by the Jordan River Foundation in 2000
for the protection of abused children, was also cited as a positive achievement
along with the Public Security Department's Family Protection Department.
As for the ongoing controversial CRC articles 20 and 21 pertaining to adoption,
the Kingdom maintained its reservation, noting that lifting its reservation will
not contribute anything new to children's rights in Jordan.
The Islamic Kafalah Law (foster care) cited under these two article is used by
Jordan as an alternative to adoption, but differs in that the child maintains
his name and family origin.
The government sees this as an essential aspect of protecting the rights of the
child by preserving his family name and origin.
Jordan is the fourth country in the region to have completed its CRC periodic
report this year.